On March 24, 2011, the Alpena County Circuit Court determined that "The Health Center," a medical marihuana facility that served 60 clients, acted outside the "medical use" exception provided in the Michigan Medical Marihuana Act (MMMA) when it provided a location for qualified patients to sell medical marihuana to other qualified patients. 

     In interpreting what constitutes a "medical use," the Circuit Court found dispositive the fact that the MMMA specifically mentions caregiver-to-patient sales of medical marihuana.  It says that "a registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana."  The receipt of such compensation "shall not constitute the sale of controlled substances."  Therefore, the Court concluded that the drafters of the MMMA considered the issue of medical marihuana sales and chose not to include patient-to-patient in the definition.  It found patient-to-patient sales did not constitute the "medical use" of marihuana and "The Health Center," to the extent that it is engaged in prohibited sales, is a public nuisance.  This opinion is at odds with a case out of Isabella County currently awaiting appeal, State v McQueen, which held patient-to-patient sales fell within the MMMA.