In a major published decision, the Court of Appeals has ruled today that dispensaries selling medical marijuana are illegal under the state's voter-initiated medical marijuana law.
"The 'medical use' of marihuana, as defined by the (Michigan Medical Marihuana Act), allows for the 'delivery' and 'transfer' of marihuana, but not the 'sale' of marihuana," the court held. "We may not ignore, or view as inadvertent, the omission of the term 'sale' from the definition of the 'medical use' of marihuana."
The 3-0 decision overturned the Isabella Circuit Court in Michigan v. McQueen DBA Compassionate Apothecary , which had rejected the state's request for injunctive relief against a dispensary.
Questions or Comments? Contact Clinton Van Nocker at clint@aboodlaw.com
"The 'medical use' of marihuana, as defined by the (Michigan Medical Marihuana Act), allows for the 'delivery' and 'transfer' of marihuana, but not the 'sale' of marihuana," the court held. "We may not ignore, or view as inadvertent, the omission of the term 'sale' from the definition of the 'medical use' of marihuana."
The 3-0 decision overturned the Isabella Circuit Court in Michigan v. McQueen DBA Compassionate Apothecary , which had rejected the state's request for injunctive relief against a dispensary.
Questions or Comments? Contact Clinton Van Nocker at clint@aboodlaw.com
