People v McQueen - MI Supreme Court Medical Marijuana Oral Arguments - October 11, 2012

People v McQueen - MI Supreme Court Medical Marijuana Oral Arguments - October 11, 2012

Eric L. VanDussen

In People v McQueen, the court will decide whether Michigan’s Medical Marijuana Act (MMMA) allows registered patients and caregivers to transfer and/or sell medical marijuana to patients they are not linked to through Michigan’s registry program. Isabella County’s Prosecuting Attorney has argued that McQueen’s dispensary (Compassionate Apothecary) was a public nuisance and violated the Public Health Code. A circuit judge disagreed with the prosecutor's argument and refused to enter an injunction. The prosecutor appealed and oral arguments were heard by Michigan’s Court of Appeals (COA) on June 7, 2011. On August 23, 2011, the COA issued an opinion which overturned the circuit court’s decision. McQueen’s attorneys appealed that COA decision and assert that “patient-to-patient transfers of marijuana are protected by the MMA and that attaching a price to those transfers does not violate the Public Health Code.”

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