Schuette Moves To Close Dispensaries Selling
Marijuana In Violation of MMMA
December 16, 2011
Following an extensive Michigan State Police investigation of
illegal activities at a chain of Lansing-area marijuana dispensaries,
Attorney General Bill Schuette today filed lawsuits in Ingham and Jackson
counties to have three operations closed because they are public nuisances
operating in violation of state law.
have made it clear that
marijuana sales and so-called dispensaries are illegal under state law,"
said Schuette. "The law enforcement community simply cannot look the other way
when the law is being broken and putting public safety at risk."
were filed against Daniel Trevino, owner/operator of three Hydro World marijuana
dispensaries operated in Lansing and Jackson, and is based on a Michigan Court
of Appeals ruling that that dispensaries are not permitted under the Michigan
Medical Marijuana Act (MMMA).
investigation by Michigan State Police, conducted from April 26, 2011 to
September 28, 2011, unveiled the following scenario:
Undercover officers were charged fees by
Hydro World employees to apply for a state "patient card" under the MMMA.
It is alleged Hydro World employees collected the completed forms, and
in one case a $70 fee, from the undercover officers.
Upon returning to the stores at a later
time, Hydro World employees then provided the officers medical
certifications required under the MMMA to become a "patient", pre-signed
by a physician. The officers had not met or seen the physician who
signed the certification, nor had they provided any medical records.
Further investigation by Michigan State
Police revealed that none of the undercover officers were ever properly
registered by Hydro World with the Michigan Medical Marijuana Program,
and none of the sellers were registered "caregivers" in the
Despite this fact, it is alleged the
undercover officers were later sold marijuana on multiple occasions by
Hydro World employees, in violation of state law.
filed two separate civil actions against Hydro World, one in Ingham County
Circuit Court and one in Jackson County Circuit Court. Once each case is
assigned to a judge, the defendants will have an opportunity to file responses,
after which it is expected hearing dates will be set in each county.
facilities are located at:
700 West Barnes Avenue, Lansing
4513 South Martin Luther King Jr. Boulevard,
834 N. West Avenue, Jackson
noted the Michigan Court of Appeals ruled earlier this year in People v.
McQueen that the Michigan Medical Marihuana Act (MMMA) does not authorize
dispensaries and said he supports efforts by law enforcement, prosecutors and
local governments to shut them down. The
Court of Appeals concluded that:
The MMMA does not legalize marijuana;
The MMMA authorizes marijuana use only in
"very limited circumstances;"
The "medical use" of marijuana does not
include the sale of marihuana; and
The MMMA does not authorize marijuana
Earlier this year, Schuette joined Isabella County Prosecutor
Larry Burdick, Midland County Prosecutor
Carpenter and Chesterfield Township in support of their successful efforts to
close dispensaries in their respective communities.