People v McQueen - Dispensaries - Michigan Supreme Court Opinion - Michigan Marihuana Lawyer - Josh Jones

People vMcQueen - Michigan Supreme Court Decides Issue On Dispensaries 

The biggest case in the history of the Michigan Medical Marihuana Act (aka MMMA), People vMcQueen was decided February 8, 2013. The Michigan Supreme Court (aka MSC) explained that patient-to-patient sales violated the MMMA.

The MSC began its opinion by pointing out that the Michigan Court of Appeals, who initially determined patient-to-patient sales were illegal, was wrong when it stated that “sale” was not included in the definition and purpose of “medical use.” However, the MSC went on to explain that even though the term was included within the definition of “medical use” it can be rebutted. This means that if the government provides evidence that rebuts the showing that the “conduct related to marihuana was not for the purpose of alleviating” the patient’s condition then the conduct could violate the MMMA.

The MSC points out that pursuant to Section 4 and the term “medical use” the transferor patient is not involved in alleviating his (or her) condition or symptom while transferring marijuana to another patient. Because the patient is not alleviating himself or herself by transferring marijuana to another patient he or she is not granted immunity.

The MSC went further to state that an individual caregiver will not be granted immunity if he or she transfer marihuana to an individual patient that is not connected to him or her through the registry system.

The MSC further explained that Section 8 does not protection against a civil nuisance claim because that particular section only goes towards criminal prosecution, which was determined based upon the surrounding language used within the section.

This is a stopping point for many medical marijuana businesses. Now what? Contact Josh Jones today to get a more detailed explanation and break down of what People vMcQueen means for the medical marijuana community. 

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