Jacob Bell
New Member
Amid the bustling foot traffic on East Michigan Avenue on Wednesday afternoon, the door remained closed at the Compassionate Apothecary.
A week after a court decision forced the Lansing medical marijuana dispensary to close, the future remains uncertain for its co-owner, Ken VanEvery, and 20 or more other Lansing dispensaries that also are shuttered.
"It's tough. It really is tough," VanEvery said. "You're scared. What are you going to do next? How are you going to provide for your family? How are my patients going to make out? Are they going to the back alley?"
Such are the concerns facing Lansing dispensary owners as attorneys prepare for the next stage of the battle before the Michigan Supreme Court.
Last week, a state appeals court struck down dispensaries as a violation of a 2008 state ballot measure that authorized medical marijuana use.
Meanwhile, medical marijuana advocates were dealt another blow Wednesday by another appeals court ruling. It ruled medicinal marijuana patients or caregivers must generally wait up to a month after applying for a state-issued card before growing plants.
Under state regulations, the application is considered approved in that time frame unless the applicant is notified of a rejection.
For now, however, the focus remains on last week's court ruling.
Next steps debated
Matt Newburg, a lead attorney in the appellate case on behalf of dispensaries, said he still is debating whether to appeal the decision immediately to the Supreme Court or first ask the high court for an emergency order staying the ruling.
Newburg believes a stay likely would allow the dispensaries to reopen.
"We're gathering information to determine what legal tools we have," the Lansing attorney said.
During a meeting of the Greater Lansing Medical Marijuana Association on Tuesday night, dispensary owners agreed to financially support the appeal, partly through a fundraiser at a Sept. 7 rally in Lansing, said Brant Johnson, the association's secretary.
"I don't think the ruling took in consideration the patients are going to be without access (to marijuana) and the hardship they will face," Johnson said. "There are two times as many registered patients as there are caregivers. The patients are at a loss."
Johnson said nearly all Lansing dispensary owners stopped distributing the drug last week at the direction of Newburg and City Attorney Brig Smith.
Fees paid
The city recently approved an ordinance governing marijuana dispensaries, and more than 45 dispensaries recently had paid a nonrefundable $1,000 application fee for a city license. The city has not yet approved any licenses.
Medical marijuana advocates say the court ruling leaves many dispensary owners locked into leases with no business income to pay the rent.
VanEvery's lease on the store at Magnolia and Michigan is up for renewal but he said he expects to pay it on a month-by-month basis as he awaits a Supreme Court ruling.
Accepted the risk
A former advertising and marketing executive, VanEvery said he knew the risk when he opened the store in August 2010. But he still was surprised last week when the court ruling shut down his business.
VanEvery, 53, had lost his advertising and marketing job just months before opening the store. VanEvery, who uses medical marijuana himself for chronic back pain, said he wanted to help fellow users in a state that offered no clear way for patients to acquire marijuana outside of a dispensary.
"They don't (know) where to go," VanEvery said. "A lot of my patients are elderly people who don't have the knowledge to grow on their own. They rely on us to provide their education."
As a way to generate income, VanEvery said he may allow his store in coming weeks to be used for classes on growing medical marijuana.
Until more patients learn to grow the drug on their own, many will be forced to buy it on the street from dealers who sell it illegally, said Robin Schneider, co-chairperson of the Greater Lansing Medical Marijuana Association.
"There's a lot of happy drug dealers," said Schneider, referring to last week's court ruling.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: lansingstatejournal.com
Author: Scott Davis
Contact: Contact Us
Copyright: lansingstatejournal.com
Website: Medical marijuana dispensary owners to continue court fight
A week after a court decision forced the Lansing medical marijuana dispensary to close, the future remains uncertain for its co-owner, Ken VanEvery, and 20 or more other Lansing dispensaries that also are shuttered.
"It's tough. It really is tough," VanEvery said. "You're scared. What are you going to do next? How are you going to provide for your family? How are my patients going to make out? Are they going to the back alley?"
Such are the concerns facing Lansing dispensary owners as attorneys prepare for the next stage of the battle before the Michigan Supreme Court.
Last week, a state appeals court struck down dispensaries as a violation of a 2008 state ballot measure that authorized medical marijuana use.
Meanwhile, medical marijuana advocates were dealt another blow Wednesday by another appeals court ruling. It ruled medicinal marijuana patients or caregivers must generally wait up to a month after applying for a state-issued card before growing plants.
Under state regulations, the application is considered approved in that time frame unless the applicant is notified of a rejection.
For now, however, the focus remains on last week's court ruling.
Next steps debated
Matt Newburg, a lead attorney in the appellate case on behalf of dispensaries, said he still is debating whether to appeal the decision immediately to the Supreme Court or first ask the high court for an emergency order staying the ruling.
Newburg believes a stay likely would allow the dispensaries to reopen.
"We're gathering information to determine what legal tools we have," the Lansing attorney said.
During a meeting of the Greater Lansing Medical Marijuana Association on Tuesday night, dispensary owners agreed to financially support the appeal, partly through a fundraiser at a Sept. 7 rally in Lansing, said Brant Johnson, the association's secretary.
"I don't think the ruling took in consideration the patients are going to be without access (to marijuana) and the hardship they will face," Johnson said. "There are two times as many registered patients as there are caregivers. The patients are at a loss."
Johnson said nearly all Lansing dispensary owners stopped distributing the drug last week at the direction of Newburg and City Attorney Brig Smith.
Fees paid
The city recently approved an ordinance governing marijuana dispensaries, and more than 45 dispensaries recently had paid a nonrefundable $1,000 application fee for a city license. The city has not yet approved any licenses.
Medical marijuana advocates say the court ruling leaves many dispensary owners locked into leases with no business income to pay the rent.
VanEvery's lease on the store at Magnolia and Michigan is up for renewal but he said he expects to pay it on a month-by-month basis as he awaits a Supreme Court ruling.
Accepted the risk
A former advertising and marketing executive, VanEvery said he knew the risk when he opened the store in August 2010. But he still was surprised last week when the court ruling shut down his business.
VanEvery, 53, had lost his advertising and marketing job just months before opening the store. VanEvery, who uses medical marijuana himself for chronic back pain, said he wanted to help fellow users in a state that offered no clear way for patients to acquire marijuana outside of a dispensary.
"They don't (know) where to go," VanEvery said. "A lot of my patients are elderly people who don't have the knowledge to grow on their own. They rely on us to provide their education."
As a way to generate income, VanEvery said he may allow his store in coming weeks to be used for classes on growing medical marijuana.
Until more patients learn to grow the drug on their own, many will be forced to buy it on the street from dealers who sell it illegally, said Robin Schneider, co-chairperson of the Greater Lansing Medical Marijuana Association.
"There's a lot of happy drug dealers," said Schneider, referring to last week's court ruling.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: lansingstatejournal.com
Author: Scott Davis
Contact: Contact Us
Copyright: lansingstatejournal.com
Website: Medical marijuana dispensary owners to continue court fight
