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MI: Marijuana dispensaries sued

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NorCalHal

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LANSING – Following an extensive Michigan State Police investigation of illegal activities at a chain of Lansing-area marijuana dispensaries, Attorney General Bill Schuette filed lawsuits in Ingham and Jackson counties to have three operations closed because they are public nuisances operating in violation of state law.

“The courts have made it clear that marijuana sales and so-called dispensaries are illegal under state law,” Schuette said. “The law enforcement community simply cannot look the other way when the law is being broken and putting public safety at risk.”


The lawsuits were filed against Daniel Trevino, owner/operator of three Hydro World marijuana dispensaries operated in Lansing and Jackson, and is based on a Michigan Court of Appeals ruling that that dispensaries are not permitted under the Michigan Medical Marijuana Act (MMMA).


The investigation by Michigan State Police, conducted from April 26, 2011, to September 28, 2011, unveiled the following scenario:


Undercover officers were charged fees by Hydro World employees to apply for a state “patient card” under the MMMA. It is alleged Hydro World employees collected the completed forms, and in one case a $70 fee, from the undercover officers. Upon returning to the stores at a later time, World employees then provided the officers medical certifications required under the MMMA to become a “patient”, pre-signed by a physician. The officers had not met or seen the physician who signed the certification, nor had they provided any medical records.

Further investigation by Michigan State Police revealed that none of the undercover officers were ever properly registered by Hydro World with the Michigan Medical Marijuana Program, and none of the sellers were registered “caregivers” in the transactions. Despite this fact, it is alleged the undercover officers were later sold marijuana on multiple occasions by Hydro World employees, in violation of state law. Schuette filed two separate civil actions against Hydro World, one in Ingham County Circuit Court and one in Jackson County Circuit Court. Once each case is assigned to a judge, the defendants will have an opportunity to file responses, after which it is expected hearing dates will be set in each county.


Schuette noted the Michigan Court of Appeals ruled earlier this year in People v. McQueen that the Michigan Medical Marihuana Act (MMMA) does not authorize dispensaries and said he supports efforts by law enforcement, prosecutors and local governments to shut them down.


The Court of Appeals concluded that:

n The MMMA does not legalize marijuana;
n The MMMA authorizes marijuana use only in “very limited circumstances;”
n The “medical use” of marijuana does not include the sale of marihuana; and
n The MMMA does not authorize marijuana dispensaries.


Earlier this year, Schuette joined Isabella County Prosecutor Larry Burdick, Midland County Prosecutor Michael Carpenter and Chesterfield Township in support of their efforts to close dispensaries in their respective communities.
 
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Roddy

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Hal, there's bad all over the world, pointing out the problems in MI doesn't take away from yours, my friend! ;)

You should realize though, as I pointed out, Bill's been all tight in the panties for some time now, sees what's going on all over and then wants to make sure it's not gonna happen in MI.
 

pcduck

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So let me see if I got this right.

According to this article, The sales and the opening of any dispensaries has been illegal since the passing of the mmma laws in MI, but they knowingly did it anyways.

In Cali it is legal till each county/city made their own regulations since no regulations were in placed when the state wide law was passed.



Is that correct or am I reading this wrong?:confused2:
 

NorCalHal

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No PC, You are correct.

Again, Roddy has to point it all back to Cali. This has nothing to do with Cali.

I was just suprised to read this. I thought MI folks did no wrong, as they had other States "mistakes" to NOT follow.

Classic.
 
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Roddy

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I can't recall a soul saying MI was pure as driven snow, wonder where you read that?? I also wonder where our local lawbreakers learned their "maverick" ways...

I stand by my comment. It's been printed in papers and on the news how Bill has viewed you all...why do you suppose I complain about it every time I can??
 

pcduck

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NorCalHal said:
I was just suprised to read this. I thought MI folks did no wrong, as they had other States "mistakes" to NOT follow.

.
That is the same impression I got from reading Roddy's posts on the subject.
 
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Roddy

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Awww Hal, don't send me profanity just because you're trying to stir the pot! It's all good, my friend! I already know how these threads will go, so please count me out! So glad I'm going on vacation....

Have fun!!
 

Sol

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same dog n pony show. Statae opens MMshops, state sends out 'public nuicances' to stir up crap, state closes MMshops to appease the public and everyone's happy

Retarded
 

HemperFi

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This is the way I see it coming down (in all states) First the state will declare all mmj cards to be invallid -- They will appoint their own state approved doctors and make everyone go through them to get a new MMJ card. Inspectors will be positioned at dispenceries, and it will take a long time to get a new card even if you are dying from cancer. This will close down the dispenceries because of their high overhead and expences. End of problem.

If you want to smoke weed legally, you are going to have to pass laws that make weed legal -- IMO this whole MMJ thing has been a mistake.
 

pcduck

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Roddy said:
did someone quack?? :rofl:
Did someone stick their foot in their mouth again :rofl::rofl:

And if you are trying to intimidate me, it is not gonna work.:ignore: :rofl:
 
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Roddy

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hxxp://www.legislature.mi.gov/(S(cz4pof2raw2z1k55aauyxlzr))/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2008

Hey duck, you ever read this?? Care to point out any wording on dispensaries?? :rofl: methinks not, but maybe I missed it??
 
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Roddy

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And if you are trying to intimidate me, it is not gonna work.

Not at all, I'd not waste my time on such silliness, that's your game.
 
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Roddy

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And now that I've done my part with truth and disclosure...have fun with all this!!!!
 

pcduck

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What truth Roddy? Maybe you can point it out where it allows dispensaries? All I see is patient and primary caregiver nothing about dispensaries.

This is where your State's AG and Judges are getting that dispensaries are not allowed

http://www.legislature.mi.gov/%28S%28rvbre4vkfrp5bnin4cpp2d3u%29%29/mileg.aspx?page=getObject&objectName=mcl-333-26426 said:
333.26426 Administration and enforcement of rules by department.
(d) The department shall issue a registry identification card to the primary caregiver, if any, who is named in a qualifying patient's approved application; provided that each qualifying patient can have no more than 1 primary caregiver, and a primary caregiver may assist no more than 5 qualifying patients with their medical use of marihuana.
So to me it looks like you are allowed 1 primary caregiver and that caregiver can only assist 5 patients. How many patients does a dispensary have?

http://www.legislature.mi.gov/%28S%28rvbre4vkfrp5bnin4cpp2d3u%29%29/mileg.aspx?page=getObject&objectName=mcl-333-26424 said:
4. Protections for the Medical Use of Marihuana.

(b) A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana in accordance with this act, provided that the primary caregiver possesses an amount of marihuana that does not exceed:

(1) 2.5 ounces of usable marihuana for each qualifying patient to whom he or she is connected through the department's registration process; and
(e) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of controlled substances.
So lets say your primary caregiver is a dispensary with the legal limits of 5 patients and 2.5 ounces per patients that totals to 12.5 ounces is all they are allowed to stock in their dispensary.


So you are saying your State's AG is wrong along with the appeals court? Those seem to be the people that count. Have you even read the laws Roddy?


Medical marijuana dispensaries are not only a “public nuisance,” they’re illegal under the 2008 citizen-initiated law that doesn’t allow for the sale of the drug, a three-judge panel of the Michigan Court of Appeals ruled.
State Attorney General Bill Schuette has gone to court to close down three mid-Michigan marijuana dispensaries. Schuette’s lawsuits say the dispensaries are public nuisances that are operating outside Michigan’s medical marijuana act.
Specifically, the “medical use of marijuana, as defined by the Michigan Medical Marijuana Act, does not include patient-to-patient sales of marijuana, and no other provision of the MMMA can be read to permit such sales,” the court ruled.Therefore, defendants have no authority to actively engage in and carry out the selling of marijuana between (apothecary) members.
Through the group, “defendants actively participate in the 'sale' of marijuana between CA members, but the 'medical use' of marijuana does not include the sale of marijuana.”

I guess it does not mean a thing what you say Roddy it is what the AG and Judges say. But thats right Roddy is never wrong :rofl:

Roddy said:
Not at all, I'd not waste my time on such silliness, that's your game.
Thats the only game you know Roddy.:rofl:
 
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Roddy

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hxxp://www.legislature.mi.gov/(S(cz4pof2raw2z1k55aauyxlzr))/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2008

Hey duck, you ever read this?? Care to point out any wording on dispensaries?? methinks not, but maybe I missed it??

try again....
 
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Roddy

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Just so you understand, btw, dispensaries are what we're talking about....not caregivers. Caregivers...allowed. It's in the language, you even found it!!! Dispensaries...no language, anywhere....ever.
 

pcduck

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Roddy said:
hxxp://www.legislature.mi.gov/(S(cz4pof2raw2z1k55aauyxlzr))/mileg.aspx?page=getObject&objectName=mcl-Initiated-Law-1-of-2008

Hey duck, you ever read this?? Care to point out any wording on dispensaries?? methinks not, but maybe I missed it??

try again....
Yes I read it that is where I got the quotes from:doh: and it is quite obvious that you have not. Please reread my post.
 
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Roddy

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Wow...really gonna stick with that huh. I won't argue it, you're obviously right :rofl: :rofl: :rofl:
 

pcduck

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Even if dispensaries were allowed they are only allowed to have 5 patients at 2.5 ounces per patient for a total of 12.5 ounces. How many dispensaries have only 5 patients and 12.5 ounces.

Jeepers read your own laws will ya
 
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