First, the Michigan Supreme Court ruled in People v McQueen that a marijuana dispensary was not afforded the protections of the medical marijuana act when taking a percentage of the patient-to-patient transactions. Now, in People v Green, the High Court just ruled by issuing an order, that patient-to-patient transfers are not protected by the MMA.
From this order, reversing the Michigan Court of Appeals and the trial court, we see that the Supreme Court will be led down a slippery slope when it comes to marijuana possession under the MMA. The MSC order remands the case to the circuit court with instruction to reinstate the charges against Tony Green.
In order to avail oneself of the protections of this act, there must be strict adherence to the letter of the law. No dispensaries charging fees or commissions, no patient-to-patient transfers.
The only way to legally possess medical marijuana is for the patient to purchase it from his or her registered care giver; period.
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1 comment:
Very interesting article. I really need to find a good criminal lawyer in Toronto. Do you have any suggestions? Thanks.
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