In the case of State v McQueen, the Court of Appeals has reached a decision regarding the legality of patient to patient sales and the defendants' dispensary operations.  According to the decision published today, in addition to finding patient to patient sales illegal, the Court also opined that under the factual circumstances of this case, the dispensary run by the defendants amounted to a public nuisance.

Our attorneys are carefully analyzing the applications and implications of this case to our clients and we will be available to discuss them with you at your request.

The opinion of the court can be reached at: http://coa.courts.mi.gov/documents/OPINIONS/FINAL/COA/20110823_C301951_67_301951.OPN.PDF

Attorney General Bill Schuette has issued a press release concerning a proposed City of Kalamazoo charter amendment, which would instruct local police to treat marihuana offenses as the least important violation of law. Attorney General Schuette sent a letter to Governor Rick Snyder indicating that the proposed charter amendment should not be approved because he believes it is in violation of state law and court precedent.  Schuette is concerned that the proposed charter amendment would have the practical impact of police not enforcing state law and the amendment could be challenged in court based on its inconsistencies with state law.  The City of Kalamazoo has adopted a Medical Marihuana Ordinance; however, the proposed amendment to the City charter does not involve that Ordinance.  Instead, the proposed amendment is being initiated by several individuals who have submitted a petition requesting the City to amend its Charter by adding a new section 198.  This new section would identify law enforcement priorities and assign the enforcement of marihuana the lowest priority, as a policy.  The amendment would specifically apply to persons in possession or use of 1 ounce or less of usable marihuana, persons operating a motor vehicle while under the influence of marihuana, and to city police cooperation with other law enforcement agencies regarding marihuana offenses and property seized in connection with them.

On July 21, 2011, PA 126 of 2011 became effective, which requires Township Treasurers who collect property taxes to remain in the township offices between 9:00 a.m. and 5:00 p.m. on the last day that summer taxes are due to accept summer tax payments.  Before the change to the General Property Tax Act, it required a Township Treasurer to remain in the township offices on at least one business day between December 25 and December 31 in order to collect winter taxes.  This new law will be effective this year and will apply on the last day the 2011 summer taxes are due.

Governor Rick Snyder has requested the Michigan Supreme Court to hear a case that challenges the validity of Public Act (PA) 4 of 2011, called the Local Government and School District Fiscal Accountability Act.  The law permits the Governor's office to appoint an emergency manager to run a county, city, village, township, or a school district that is in financial stress.  In June of 2011, the Sugar Law Center for Economic & Social Injustice (Sugar Law), representing 28 citizens statewide, filed a complaint in Ingham County Circuit Court to challenge the validity of the law.  Under the law, emergency managers have a broad range of powers to take over the entire operations of a local unit of government or school district.  Included in those powers is the ability to amend employee bargaining group contracts or, if necessary, eliminate an entire department, such as when Pontiac's Police Department was recently eliminated by Pontiac's emergency manager.  Governor Snyder is requesting to have the Supreme Court here the Sugar Law case so this matter isn't held up by appeals, claiming that time is of the essence to ensure the financial stability of communities in financial stress.  Sugar Law called Governor Snyder's request "troubling."  Tim Martin, Snyder Wants Fast Review of Emergency Manager Law, Lansing State Journal, August 19, 2011.  Michigan Court Rule 7.305(A)(1) permits the Governor to request the Supreme Court to hear this matter, even though the Ingham County Circuit Court has not yet heard this case, since this matter may have a controlling question of public law, and the question is of such public moment as to require an early determination.  No decision has been made on whether the Supreme Court will take up the issue.