Michigan Court Decision Restricts Access To Medical Marijuana

While Michigan Governor Rick Snyder has come under well-deserved national criticism for giving into the right wing recently, Michigan elected far more dangerous conservatives in 2010. This includes Attorney General Bill Schuette, who has been working to undermine the medical marijuana laws passed by Michigan voters. Schuette received a huge boost in his efforts from a Michigan Supreme Court decision:

The Michigan Supreme Court ruled Friday the state’s medical marijuana law makes dispensaries illegal, throwing owners and patients into panicked uncertainty.

State officials said the justices’ 4-1 decision goes into “immediate effect” and could mean legal action against dispensaries that don’t close.

“It’s really up in the air at this point as to whether we’ll open tomorrow or not,” said Jamie Lowell, a co-founder of 3rd Coast Compassion Center in Ypsilanti, on Friday. “We’re still evaluating the decision with our attorneys. What it comes down to is whether we have any protections or defenses in the event we decide to continue helping people.”

Michigan Attorney General Bill Schuette, who joined the Isabella County prosecutor in a suit seeking the closure of another dispensary as a public nuisance, offered this interpretation of the ruling:

“Today, Michigan’s highest court clarified that this law is narrowly focused to help the seriously ill, not an open door to unrestricted marijuana sales,” he said in a statement Friday. “Dispensaries will have to close their doors. Sales or transfers between patients or between caregivers and patients other than their own are not permitted under the Medical Marihuana Act.”

This interpretation of the law provides very limited access to medical marijuana:

According to the ruling, the only legal sales of medical marijuana in Michigan are those specifically allowed in the state act. It states that as many as five state-approved users may register with a single state-approved caregiver, who then becomes a long-term provider of the drug — but only to those five users.

There is a bill in the Michigan legislature to legalize dispensaries, but for now it is doubtful the current dispensaries will be able to remain open without facing  prosecution. Schuette has been working to prevent the use of medical marijuana since taking office and I’m sure he will be able to find additional means to harass users regardless of whether dispensaries are legalized.

The best solution is to prevent any legal harassment of those who desire to use marijuana for medical purposes is to end attempts at prohibition and totally remove prosecutors from the issue by either legalizing or at least decriminalizing marijuana. The California Medical Association has previously called for legalization of marijuana with current laws creating an untenable situation.

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