Compassionate Apothecary’s legality as medical marijuana dispenser challenged

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A local medical marijuana distributor was in court last week defending charges from Isabella County Prosecutor Larry Burdick.

He claims Brandon McQueen and Matt Taylor, owners of Compassionate Apothecary, 311 W. Michigan St., are illegally distributing medical marijuana by dispensing the substance to patients other than those who are designated as caregivers.

This, Burdick, said is in violation of the Michigan Medical Marijuana Act of 2008.

“The Michigan legislature set up a specific framework in which the medical marijuana is to be used,” Burdick said. “The argument under statutory framework is that because they didn’t include dispensaries (in the law) they didn’t mean to include dispensaries.”

Isabella County Chief Judge Paul Chamberlain is presiding over the case. Court Administrator Lance Dexter said the judge is allowed 35 to 56 days before he is required to submit a judgement.

“He’s got to take a look at the case and then apply the law to it,” Dexter said. “The length of time depends on the complexity of the case, and this is new. We’re not used to seeing this. It’s one of the first cases in Michigan to go through the system.”

McQueen, a Central Michigan University student, and Taylor said the goal of their business is to bring Proposal 1 of 2008 from theory into a state of practice in an e-mailed statement to Central Michigan Life.

McQueen said they are also dedicated to removing some stereotypes associated with medical marijuana.

Compassionate Apothecary only offers services to unexpired and carded patients who are members of their club.

A client of Compassionate Apothecary, who requested to be kept anonymous, suffers from Hepitatitis C and currently weighs 164 pounds, down from 236 before his illness.

The Mount Pleasant man said the medical marijuana law saved his life.

“These guys are saints,” he said. “Marijuana has kept me eating. I was supposed to die in 2007.”

Burdick had concerns about the law regarding the same issues present in the case before the ballot proposal passed in 2008.

“I understand how the use of medical marijuana may assist patients who are not otherwise sufficiently medicated by other medications,” Burdick said.  “It’s difficult to police the issue of medical marijuana.”

McQueen and Taylor are unable to offer any comment until the judgment is submitted.

Compassionate Apothecary opened May 1 and remains open at this time.