Truth Seeker
New Member
Michigan Supreme Court Justice Michael F. Cavanagh disagrees with his peers on the legality of medical marijuana dispensaries in Michigan.
Cavanagh said he does not believe the Michigan Medical Marijuana Act limits the definition of medical use to exclude transfers from one patient to another.
"Rather, I would hold that when a qualified patient transfers marijuana to another qualified patient, both individuals have the right to assert immunity," Cavanagh said. "Furthermore, as a result of the majority's erroneous interpretation of (part of the MMMA), the majority improperly concludes that any facilitation of the transfer of marijuana from patient to patient is unlawful and enjoinable as a nuisance."
Chief Justice Robert P. Young Jr., and Justices Stephen J. Markman, Mary Beth Kelly, and Brian K. Zahra said in their opinion that Brandon McQueen and Matthew Taylor's dispensary falls under the definition of medical use but ruled that transfers of the drug cannot include financial gain.
Justice Bridget M. McCormack did not take part in the decision in the case
In his "respectful" disagreement, Cavanagh said the majority of the court erroneously decided that only the qualified patient who receives marijuana is entitled to immunity under the MMMA.
One section of the law provides a presumption that "a qualifying patient or primary caregiver is engaged in the medical use of marijuana" when certain conditions are met, Cavanagh said in his dissent.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: themorningsun.com
Author: Susan Field
Contact: | The Morning Sun
Website: Justice disagrees with medical marijuana opinion - The Morning Sun
Cavanagh said he does not believe the Michigan Medical Marijuana Act limits the definition of medical use to exclude transfers from one patient to another.
"Rather, I would hold that when a qualified patient transfers marijuana to another qualified patient, both individuals have the right to assert immunity," Cavanagh said. "Furthermore, as a result of the majority's erroneous interpretation of (part of the MMMA), the majority improperly concludes that any facilitation of the transfer of marijuana from patient to patient is unlawful and enjoinable as a nuisance."
Chief Justice Robert P. Young Jr., and Justices Stephen J. Markman, Mary Beth Kelly, and Brian K. Zahra said in their opinion that Brandon McQueen and Matthew Taylor's dispensary falls under the definition of medical use but ruled that transfers of the drug cannot include financial gain.
Justice Bridget M. McCormack did not take part in the decision in the case
In his "respectful" disagreement, Cavanagh said the majority of the court erroneously decided that only the qualified patient who receives marijuana is entitled to immunity under the MMMA.
One section of the law provides a presumption that "a qualifying patient or primary caregiver is engaged in the medical use of marijuana" when certain conditions are met, Cavanagh said in his dissent.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: themorningsun.com
Author: Susan Field
Contact: | The Morning Sun
Website: Justice disagrees with medical marijuana opinion - The Morning Sun
