March 28,  2011

            LANSING -  Attorney General Bill Schuette today announced his office has filed amicus briefs in support of two county prosecutors seeking to clarify issues arising from enforcement of the Michigan Medical Marihuana Act.

State of Michigan v. McQueen

In this case, Isabella County Prosecutor Larry Burdick is challenging a for-profit scheme of marijuana transfer among patients at a Mount Pleasant medical marijuana club.  Schuette's brief supports the prosecutor's request for the Michigan Court of Appeals to hear this case based on claims that the club violates the Michigan Medical Marihuana Act (MMMA) by allowing profits from medical marijuana sales, in addition to patient-to-patient marijuana transactions, and the possession of medical marijuana in excess of legal limits by the club owners.

The Isabella County prosecutor's office sought to have Compassionate Apothecary, a medical marijuana club owned by Mt. Pleasant residents Brandon McQueen and Matthew Taylor, declared a public nuisance and closed on the grounds its activities violated the MMMA.  The club allows patient-to-patient sales of marijuana, with the club profiting by taking a 20% commission.  The club also allows members to house marijuana on site, leaving the club in sole control of the marijuana.

On December 16, 2010 the Isabella County Circuit Court erroneously ruled that because for-profit marijuana clubs were not expressly addressed in state law, they must be permitted, denying the declaration of a nuisance claim.  Burdick then asked the Michigan Court of Appeals to hear an appeal.   

Schuette argues in his brief that the MMMA does not authorize a for-profit club system of medical marijuana sales, instead allowing only the recovery of "costs" associated with assisting patients by an assigned primary caregiver.  Furthermore, the plain language of the statute does not allow for patient-to-patient transactions or for club owners to take possession of an amount of medical marijuana exceeding established limits for qualified patients and caregivers. 

Because the club is in violation of state law, Schuette argues it can be declared a public nuisance and closed to protect public health and safety, as the prosecutor has requested.  His brief asks the Court of Appeals to reverse the lower court ruling and issue an opinion to guide the lower courts' future interpretations of the MMMA.    

State of Michigan v. Redden

In this case, Schuette has filed an amicus brief with the Michigan Supreme Court, arguing that unregistered users of marijuana are not entitled to assert a defense under the MMMA against drug possession charges.  Schuette supports arguments raised by Oakland County Prosecutor Jessica Cooper and asks the court to review Redden, the first case that could result in the state's highest court ruling on key aspects of the MMMA.

Schuette's brief counters a September 14, 2010 ruling by the Michigan Court of Appeals, which asserted that unregistered marijuana users are entitled to a defense under the MMMA when found to be in possession of marijuana.  Schuette argues that the Act's protection from prosecution for possession of marijuana is limited to qualified patients and caregivers who are formally registered by the Michigan Department of Community Health.  Schuette said that vague language in the law should not be used to circumvent the standards of user registration or limits on possession of marijuana.  Schuette urges the Michigan Supreme Court to review the case.  The Court is expected to make a determination as to whether it will hear the case later this year.

Schuette said he is seeking to help county prosecutors clarify the law because while the purpose of the MMMA was to help a narrow class of citizens suffering from debilitating medical conditions, a large number of issues have developed that threaten the original intent of the law, put public safety at risk and have caused confusion on how to enforce the act by law enforcement officials.  Schuette also recently filed a brief in support of the Grand Traverse County prosecutor's office, which is seeking to enforce the state ban on driving with marijuana in a driver's system. 

"This law was intended to aid people with difficult or incurable diseases, but some are attempting to exploit the law to essentially legalize marijuana and that is wrong," said Schuette.  "We will continue to seek clarification of the law to ensure the health and safety of the general public is protected."

-30-