Compassionate Apothecary, other pot dispensaries shut down statewide
In a 17-page opinion released Wednesday, a three-judge panel ruled Compassionate Apothecary of Mount Pleasant a public nuisance. The Michigan Medical Marihuana Act does not permit the sale of marijuana -- either by licensed caregivers or licensed patients, according to court documents. Instead, it only creates an exception for its use by such permit holders.
The case stemmed from efforts by Isabella County Prosecutor Larry Burdick to shut down the Michigan Street dispensary last year. In a December 2010 opinion, county Judge Paul H. Chamberlain ruled the dispensary to be legal and stated the MMMA does not specify how medical marijuana can be distributed.
The appeals court ruling against CA of Mount Pleasant is being used as a precedent for other cases in Michigan and overturns Chamberlain's ruling. The opinion can still be appealed to the Michigan Supreme Court, which has a conservative majority.
Burdick issued a cease and desist letter Wednesday to CA of Mount Pleasant's owners, Brandon McQueen and Matthew Taylor. Both complied and Burdick said the ruling not only impacts their operation, but other dispensaries in Isabella County.
"Any business operating along those lines would be considered illegal," he said. "We are asking those businesses to cease operations."
How the case will affect marijuana dispensaries statewide remains unclear and could vary by jurisdiction.
However, most of the 400 to 500 dispensaries have already shut down to seek the advice of attorneys, said Rick Thompson, spokesman for the Michigan Association of Compassion Centers. Some of them reopened upon that advice.
"This is going to affect patients across the state by eliminating safe access," Thompson said. "People are going to go back to the underground market. I believe that safe access is exactly what the voters approved (in 2008)."
At CA of Mount Pleasant, patients and caregivers could rent lockers for marijuana storage and purchase cannabis from other CA members. McQueen and Taylor had been using this method as a basis for sales and took in 20 percent of the sale price for themselves, according to court records.
The company operated similar dispensaries in Lansing and Traverse City and there were about 345 CA members, according to the records.
McQueen and Taylor could not be reached for comment.
Thompson said he is now concerned former medical marijuana patients will resort to more dangerous, chemical prescription drugs for alleviating pain.
"This isn't about business. This is about helping sick people," he said.
