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Schuette Supports Quest to Clarify Marihuana Law

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     On March 28, 2011, the Office of the Attorney General announced that it filed two amicus briefs in support of Oakland and Isabella County Prosecutors.  The two cases involved are State v McQueen and People v Redden

     In McQueen, the Isabella County Prosecutor challenged the legality of a for-profit medical marihuana dispensary.  Schuette's brief urges the Michigan Court of Appeals to hear the case and argues operating the dispensary violates the Michigan Medical Marihuana Act (MMMA) for three reasons: 1) the MMMA does not allow the sale of medical marihuana for profit; 2) the MMMA does not provide for patient-to-patient transfers of medical marihuana; and 3) the dispensary owners are in possession of an amount of medical marihuana in excess of the legal limit provided under the MMMA.  Therefore, Schuette argues that because the dispensary violates state law, it should be declared a public nuisance and closed to protect public health and safety.

     In Redden, the Oakland County Prosecutor asked the Michigan Supreme Court to review whether unregistered users of medical marihuana are entitled to assert a defense under the MMMA.  Schuette argues that only qualified patients and caregivers registered with the Michigan Department of Community Health are protected by the MMMA.  For more information please read the following press release.

 

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