Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Isabella County Prosecutor Larry Burdick filed a claim of appeal to challenge Judge Paul Chamberlain's Dec. 16 ruling that a local medical marijuana dispensary legally operates under the Michigan Medical Marijuana Act.
Compassionate Apothecary, 311 Michigan Ave., now operating as C.A. of Mount Pleasant, had its legality challenged by Burdick in August. C.A. functions as a distributor of medical marijuana through caregiver to patient transfers.
Burdick argued the dispensary was not legal because the law, approved by voters in 2008 as a ballot initiative, did not stipulate how the substance may be legally distributed.
He wanted an injunction against C.A., but Chamberlain ruled in the business' favor. Burdick maintains the act still does not stipulate how the substance may be distributed.
"We believe the ruling was erroneous," Burdick said. "The ( act ) does not allow Compassionate Apothecary to operate. We disagree with the central finding of the ruling that patient-to-patient distribution is permitted."
The ruling Both owners of C.A., Brandon McQueen and Matthew Taylor, are registered caregivers who are allowed under the MMMA to distribute the substance among their patients. McQueen also is a registered patient.
Chamberlain said the costs and profits of the owners fall within their roles as caregivers, so their business is legitimate.
"Thus, this court finds that defendants' acts, occupation, or structure is not a nuisance at all times and under any circumstances," Chamberlain wrote in his opinion. "Defendants only operate their business during designated business hours ... and perform their medical marijuana-related conduct pursuant to the MMMA."
Chamberlain also said C.A. does not interfere with public health or safety and they operate within provisions of the MMMA.
Taylor said he is pleased with Chamberlain's ruling.
"The Honorable Judge Chamberlain's ( ruling doesn't infringe ) ... on the rights of either patients or caregivers in Michigan, because their rights are preserved and unchanged under the ( MMMA ) as it stands," he said.
Taylor said he disagrees with Burdick's appeal, but he does not "begrudge him for his beliefs."
"My hope is that this process may expedite research by the State of Michigan as to a model that best serves the needs of ailing patients in Michigan within the existing infrastructure," he said.
Chamberlain did distinguish that he was not ruling on the legality of dispensaries across the state in his Dec. 16 opinion. That case specifically questioned the legality of patient-to-patient transfers even though it operates as a dispensary.
Burdick said the decision is limited to his case with C.A., but it also may serve as precedent for other cases statewide.
"Other businesses that operate in the manner C.A. operates would be considered legal ( under Chamberlain's ruling )," Burdick said.
NewsHawk: Jim Behr: 420 MAGAZINE
Source: Central Michigan Life (Central MI U, MI Edu)
Copyright: 2011 Central Michigan Life
Contact: letters@cm-life.com
Website: Central Michigan Life
Details: MapInc
Author: Maria Amante
Compassionate Apothecary, 311 Michigan Ave., now operating as C.A. of Mount Pleasant, had its legality challenged by Burdick in August. C.A. functions as a distributor of medical marijuana through caregiver to patient transfers.
Burdick argued the dispensary was not legal because the law, approved by voters in 2008 as a ballot initiative, did not stipulate how the substance may be legally distributed.
He wanted an injunction against C.A., but Chamberlain ruled in the business' favor. Burdick maintains the act still does not stipulate how the substance may be distributed.
"We believe the ruling was erroneous," Burdick said. "The ( act ) does not allow Compassionate Apothecary to operate. We disagree with the central finding of the ruling that patient-to-patient distribution is permitted."
The ruling Both owners of C.A., Brandon McQueen and Matthew Taylor, are registered caregivers who are allowed under the MMMA to distribute the substance among their patients. McQueen also is a registered patient.
Chamberlain said the costs and profits of the owners fall within their roles as caregivers, so their business is legitimate.
"Thus, this court finds that defendants' acts, occupation, or structure is not a nuisance at all times and under any circumstances," Chamberlain wrote in his opinion. "Defendants only operate their business during designated business hours ... and perform their medical marijuana-related conduct pursuant to the MMMA."
Chamberlain also said C.A. does not interfere with public health or safety and they operate within provisions of the MMMA.
Taylor said he is pleased with Chamberlain's ruling.
"The Honorable Judge Chamberlain's ( ruling doesn't infringe ) ... on the rights of either patients or caregivers in Michigan, because their rights are preserved and unchanged under the ( MMMA ) as it stands," he said.
Taylor said he disagrees with Burdick's appeal, but he does not "begrudge him for his beliefs."
"My hope is that this process may expedite research by the State of Michigan as to a model that best serves the needs of ailing patients in Michigan within the existing infrastructure," he said.
Chamberlain did distinguish that he was not ruling on the legality of dispensaries across the state in his Dec. 16 opinion. That case specifically questioned the legality of patient-to-patient transfers even though it operates as a dispensary.
Burdick said the decision is limited to his case with C.A., but it also may serve as precedent for other cases statewide.
"Other businesses that operate in the manner C.A. operates would be considered legal ( under Chamberlain's ruling )," Burdick said.
NewsHawk: Jim Behr: 420 MAGAZINE
Source: Central Michigan Life (Central MI U, MI Edu)
Copyright: 2011 Central Michigan Life
Contact: letters@cm-life.com
Website: Central Michigan Life
Details: MapInc
Author: Maria Amante
