Michigan Attorney General supports local prosecutors in medical marijuana law

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Local prosecutors are receiving support from the state level in their desire to clarify the Michigan Medical Marihuana Act.

In the Isabella County case, Prosecutor Larry Burdick filed an appeal against Compassionate Apothecary challenging the legality of caregiver and patient transfers. State Attorney General Bill Schuette filed papers supporting that case last week.

“We welcome the attorney general’s input into the case,” Burdick said. “I think he’s taking the correct position on this issue.”

Burdick’s appeal stems from the case State of Michigan v. McQueen, in which Isabella County Judge Paul Chamberlain ruled in favor of Brandon McQueen, owner of the dispensary that now operates as C.A. of Mount Pleasant, 311 W. Michigan St.

Chamberlain stated the profits of the owners are legal because they fall under their role as caregivers. However, Schuette is supporting Burdick and argues dispensaries cannot operate as a for-profit organization under the medical marijuana law, which was approved by Michigan voters in the November 2008 election.

Burdick said Schuette’s assistance is just another voice in the issue and he does not expect it to delay the case.

“I’m not too worried about the change in the appeal,” McQueen said. “I don’t think it will end up hurting our business or patients either.”

Schuette spokeswoman Joy Yearout said the attorney general chose to support the appeals because he wants to do all he can for those trying to protect public safety.

She said because the laws are vague, they tie the hands of prosecutors.

“The attorney general can offer a broader perspective on the cases,” Yearout said. “There are certain common sense public safety laws that are in effect that should be followed.”

In the separate Oakland County case — State of Michigan v. Redden — Schuette filed a brief with the Michigan Supreme Court arguing unregistered users of marijuana should not be able to use a defense under the Medical Marihuana Act against drug possession charges.

The brief states unregistered users take advantage of such a defense if they are found in possession of marijuana.

Burdick said there has to be a clear direction by the Michigan court system.