Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Editorial: We do not advocate the use of any substances. We believe some of the provisions of the voter-adopted Michigan Medical Marihuana Act ( MMMA ) may be vague and need to be clarified. However, the intent of the law is clear -- to make medical marijuana available for persons who qualify.
The recent state court of appeals ruling that marijuana cannot be sold in storefront dispensaries appears to provide a major roadblock. The essence of the three-judge ruling was whether the MMMA permits the selling of marijuana. The appeals court ruled "Specifically, the 'medical use' of marihuana, as defined by the MMMA, does not include patient-to-patient 'sales' of marihuana, and no other provision of the MMMA can be read to permit such sales. Therefore, defendants have no authority to actively engage in and carry out the selling of marihuana..."
The circuit court trial judge in Mount Pleasant had ruled just the opposite when he heard the case and found that the dispensary did comply with the MMMA. There are some major discrepancies of opinion and this issue is expected to be appealed to the Michigan Supreme Court. At this point, the final outcome is unsettled and it is going to be interesting to see what happens next.
It's clear what this means to Otsego County's seven dispensaries in the interim. All seven were expected to receive cease-and-desist orders Friday from the Otsego County Prosecutor's Office. Hundreds of cardholders from across Northern Michigan will be left scrambling and many local jobs will be lost. The Detroit Free Press reported Friday that there are approximately 100,000 patients in Michigan currently certified to use medical marijuana.
"They don't know how to grow ( marijuana for themselves ) and, frankly, they don't want to," said Karen Sides, owner of Natural Remedies in Gaylord. "This is going to open the door to the black market."
Whether you are for or against them, these dispensaries worked with local authorities from day one and Otsego County Prosecutor Kyle Legel said, "They haven't caused any additional crime."
Gaylord City Police Chief Joe FitzGerald said Friday he supports changes to the law to restrict the number of facilities and tighten qualifications for obtaining a medical marijuana card. Whether these changes are made and the facilities are allowed to reopen, or whether they are wiped away completely, is to be determined.
From the time the medical marijuana legislation was placed on the statewide ballot and supported by 63 percent of voters in 2008 to now, this issue has been a polarizing, hot-button topic. Given the recent ruling and the local ramifications, it is certain to continue to be.
NewsHawk: Jim Behr: 420 MAGAZINE
Source: Gaylord Herald Times (MI)
Copyright: 2011 Gaylord Herald Times
Contact: Letter to the Editor - Northern Michigan Review
Website: Gaylord Herald Times
Details: MapInc
The recent state court of appeals ruling that marijuana cannot be sold in storefront dispensaries appears to provide a major roadblock. The essence of the three-judge ruling was whether the MMMA permits the selling of marijuana. The appeals court ruled "Specifically, the 'medical use' of marihuana, as defined by the MMMA, does not include patient-to-patient 'sales' of marihuana, and no other provision of the MMMA can be read to permit such sales. Therefore, defendants have no authority to actively engage in and carry out the selling of marihuana..."
The circuit court trial judge in Mount Pleasant had ruled just the opposite when he heard the case and found that the dispensary did comply with the MMMA. There are some major discrepancies of opinion and this issue is expected to be appealed to the Michigan Supreme Court. At this point, the final outcome is unsettled and it is going to be interesting to see what happens next.
It's clear what this means to Otsego County's seven dispensaries in the interim. All seven were expected to receive cease-and-desist orders Friday from the Otsego County Prosecutor's Office. Hundreds of cardholders from across Northern Michigan will be left scrambling and many local jobs will be lost. The Detroit Free Press reported Friday that there are approximately 100,000 patients in Michigan currently certified to use medical marijuana.
"They don't know how to grow ( marijuana for themselves ) and, frankly, they don't want to," said Karen Sides, owner of Natural Remedies in Gaylord. "This is going to open the door to the black market."
Whether you are for or against them, these dispensaries worked with local authorities from day one and Otsego County Prosecutor Kyle Legel said, "They haven't caused any additional crime."
Gaylord City Police Chief Joe FitzGerald said Friday he supports changes to the law to restrict the number of facilities and tighten qualifications for obtaining a medical marijuana card. Whether these changes are made and the facilities are allowed to reopen, or whether they are wiped away completely, is to be determined.
From the time the medical marijuana legislation was placed on the statewide ballot and supported by 63 percent of voters in 2008 to now, this issue has been a polarizing, hot-button topic. Given the recent ruling and the local ramifications, it is certain to continue to be.
NewsHawk: Jim Behr: 420 MAGAZINE
Source: Gaylord Herald Times (MI)
Copyright: 2011 Gaylord Herald Times
Contact: Letter to the Editor - Northern Michigan Review
Website: Gaylord Herald Times
Details: MapInc
