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The state Court of Appeals has ruled that a registered medical-marijuana patient cannot be prosecuted for giving marijuana to another registered patient.
An appeals panel said the transfer of marijuana — not the sale — is considered "medical use" under the medical marijuana law, part of the "acquisition, cultivation, manufacture ... relating to the administration of marihuana to treat or alleviate a registered qualifying patients' debilitating medical condition ... ."
On Sept. 7, 2011, Tony Allen Green gave Al Thornton marijuana while in Nashville. Police did not arrest Thornton in connection with his receipt of marijuana, but Green was arrested after police determined he gave the marijuana to Thornton.
At a probable-cause hearing in Barry County District Court, the judge declined to consider Green's argument that the transfer of marijuana between two patients was protected medical use under Michigan Medical Marihuana Act.
Green was bound over for trial in Barry County Circuit Court charged with delivery of marijuana. On Nov. 28, 2011, his attorney asked the judge to dismiss the charge because "medical use" includes "delivery" and "transfer," so Green should have immunity.
The prosecution argued that such delivery was allowed only from a primary caregiver to patient. Green was not Thornton's primary caregiver.
The Circuit Court judge determined the law "entitled (Green) to a presumption of medical use, a presumption which the prosecution failed to rebut," the appeals panel said.
The charge was dismissed.
Barry County prosecutors appealed, and state Attorney General Bill Schuette, a long-time foe of medical marijuana, filed paperwork backing prosecutors.
"Unlike the sale of medical marijuana, the delivery or transfer of marijuana, absent the exchange of compensation, is specifically included in the MMMA's definition of 'medical use.'"
The opinion was signed by justices Mark Cavanagh, Joel Hoekstra and Douglas Shapiro.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mlive.com
Author: John Agar
Contact: Contact Us - MLive.com
Website: Michigan Court of Appeals backs Barry County medical marijuana provider | MLive.com
An appeals panel said the transfer of marijuana — not the sale — is considered "medical use" under the medical marijuana law, part of the "acquisition, cultivation, manufacture ... relating to the administration of marihuana to treat or alleviate a registered qualifying patients' debilitating medical condition ... ."
On Sept. 7, 2011, Tony Allen Green gave Al Thornton marijuana while in Nashville. Police did not arrest Thornton in connection with his receipt of marijuana, but Green was arrested after police determined he gave the marijuana to Thornton.
At a probable-cause hearing in Barry County District Court, the judge declined to consider Green's argument that the transfer of marijuana between two patients was protected medical use under Michigan Medical Marihuana Act.
Green was bound over for trial in Barry County Circuit Court charged with delivery of marijuana. On Nov. 28, 2011, his attorney asked the judge to dismiss the charge because "medical use" includes "delivery" and "transfer," so Green should have immunity.
The prosecution argued that such delivery was allowed only from a primary caregiver to patient. Green was not Thornton's primary caregiver.
The Circuit Court judge determined the law "entitled (Green) to a presumption of medical use, a presumption which the prosecution failed to rebut," the appeals panel said.
The charge was dismissed.
Barry County prosecutors appealed, and state Attorney General Bill Schuette, a long-time foe of medical marijuana, filed paperwork backing prosecutors.
"Unlike the sale of medical marijuana, the delivery or transfer of marijuana, absent the exchange of compensation, is specifically included in the MMMA's definition of 'medical use.'"
The opinion was signed by justices Mark Cavanagh, Joel Hoekstra and Douglas Shapiro.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mlive.com
Author: John Agar
Contact: Contact Us - MLive.com
Website: Michigan Court of Appeals backs Barry County medical marijuana provider | MLive.com
