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A Michigan Supreme Court ruling declaring a Mt. Pleasant medical marijuana dispensary illegal has sent shock waves through the Genesee County medical marijuana community but some say it's too early to say what the court's decision means for area dispensaries.
In an order released by the court Friday, Feb. 8, an appeals court ruling affirming the state's right to shut down a Mt. Pleasant medical marijuana dispensary for violating Michigan's public health code was upheld.
Michigan Attorney General Bill Schuette said the court's ruling empowers county prosecutors across the state to shut down remaining dispensaries that sell marijuana on the grounds that they are a public nuisance.
But owners of some Genesee County dispensaries aren't so sure the court's decision calls for the closure of all dispensary facilities.
"To me, nothing's changed," said Chad Greschke, owner of Hemphill Wellness Center in Burton.
Brandon McQueen and Matthew Taylor, owners of the Mt. Pleasant dispensary, rented lockers to registered patients and caregivers to exchange marijuana at an agreed-upon price. McQueen and Taylor, also registered with the state, kept a service fee for each transaction, according to court records.
The Supreme Court ruled that state law "does not contemplate patient-to-patient sales of marijuana for medical use and that, by facilitating such sales, defendants' business constituted a public nuisance."
But, Greschke said Schuette's interpretation of the ruling doesn't apply to all dispensaries.
Greschke said the Mt. Pleasant dispensary owners profited greatly directly from the sale of marijuana while businesses like his make money by offering consulting services.
The Hemphill Wellness Center will remain open, Greschke said.
Benjamin Horner, owner of MI Organic Solutions in Flint, said his dispensary will also remain open despite the decision.
"Until we are asked to close, we will stay open," Horner said.
Horner agreed that the Supreme Court's decision did not contain language calling for the closure of all medical marijuana dispensaries and that lawyers will need to evaluate the impact of the ruling.
"It's too soon to tell how this language is going to be interpreted," Horner said.
However, Horner and Greschke said they have both heard that some area dispensaries closed their doors because of today's ruling.
Genesee County Prosecutor David Leyton said that many prosecutors around the state already took the position that dispensaries are illegal prior to the court's ruling.
"It just confirms what many prosecutors already knew," said Leyton. "I always thought it was quite clear."
Leyton said the state's Medical Marijuana Act, approved by voters in 2008, allows for authorized caregivers to sell medicinal marijuana to their registered patients but it does not provide for other types of sales.
"If police bring a warrant, we'll prosecute," said Leyton.
While the Supreme Court's decision may bring trouble to those operating dispensaries, both Greschke and Horner agreed that it's the medical marijuana patients who have no other access to their medicine that will truly be affected.
"The patients are very concerned," said Horner. "They're confused."
Greschke said the county's dispensaries allowed patients to purchase their medicine in a secure, safe environment.
"They took all the backyard, back-alley deals off the streets," said Greschke.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mlive.com
Author: Gary Ridley
Contact: Contact Us - MLive.com
Website: Michigan Supreme Court medical marijuana decision won't close Genesee County dispensaries, owners say | MLive.com
In an order released by the court Friday, Feb. 8, an appeals court ruling affirming the state's right to shut down a Mt. Pleasant medical marijuana dispensary for violating Michigan's public health code was upheld.
Michigan Attorney General Bill Schuette said the court's ruling empowers county prosecutors across the state to shut down remaining dispensaries that sell marijuana on the grounds that they are a public nuisance.
But owners of some Genesee County dispensaries aren't so sure the court's decision calls for the closure of all dispensary facilities.
"To me, nothing's changed," said Chad Greschke, owner of Hemphill Wellness Center in Burton.
Brandon McQueen and Matthew Taylor, owners of the Mt. Pleasant dispensary, rented lockers to registered patients and caregivers to exchange marijuana at an agreed-upon price. McQueen and Taylor, also registered with the state, kept a service fee for each transaction, according to court records.
The Supreme Court ruled that state law "does not contemplate patient-to-patient sales of marijuana for medical use and that, by facilitating such sales, defendants' business constituted a public nuisance."
But, Greschke said Schuette's interpretation of the ruling doesn't apply to all dispensaries.
Greschke said the Mt. Pleasant dispensary owners profited greatly directly from the sale of marijuana while businesses like his make money by offering consulting services.
The Hemphill Wellness Center will remain open, Greschke said.
Benjamin Horner, owner of MI Organic Solutions in Flint, said his dispensary will also remain open despite the decision.
"Until we are asked to close, we will stay open," Horner said.
Horner agreed that the Supreme Court's decision did not contain language calling for the closure of all medical marijuana dispensaries and that lawyers will need to evaluate the impact of the ruling.
"It's too soon to tell how this language is going to be interpreted," Horner said.
However, Horner and Greschke said they have both heard that some area dispensaries closed their doors because of today's ruling.
Genesee County Prosecutor David Leyton said that many prosecutors around the state already took the position that dispensaries are illegal prior to the court's ruling.
"It just confirms what many prosecutors already knew," said Leyton. "I always thought it was quite clear."
Leyton said the state's Medical Marijuana Act, approved by voters in 2008, allows for authorized caregivers to sell medicinal marijuana to their registered patients but it does not provide for other types of sales.
"If police bring a warrant, we'll prosecute," said Leyton.
While the Supreme Court's decision may bring trouble to those operating dispensaries, both Greschke and Horner agreed that it's the medical marijuana patients who have no other access to their medicine that will truly be affected.
"The patients are very concerned," said Horner. "They're confused."
Greschke said the county's dispensaries allowed patients to purchase their medicine in a secure, safe environment.
"They took all the backyard, back-alley deals off the streets," said Greschke.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: mlive.com
Author: Gary Ridley
Contact: Contact Us - MLive.com
Website: Michigan Supreme Court medical marijuana decision won't close Genesee County dispensaries, owners say | MLive.com
