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Union Township to vote on medical marijuana dispensary laws as attorney general challenges operations
Local governments are attempting to zone and regulate medical marijuana in a legally unsteady time for Michigan’s Medical Marihuana Act.
Union Township introduced the draft for adoption to zone and license dispensaries June 22. The final vote will be July 13 and the law, if passed, will go into effect seven days afterward.
“After Attorney General Bill Schuette released an opinion about medical marijuana recently, it has changed the landscape for our regulations,” said township zoning administrator Woody Woodruff. ”We’re waiting to hear from our lawyers about how to proceed. But we will follow under the parameters of Schuette’s opinion.”
Township treasurer Pam Stovak said the zoning and licensing regulations the township will implement help to put a framework around what can be influenced.
The legality of caregiver and patient transfer is being challenged in a case filed by Isabella County Prosecutor Larry Burdick against Compassionate Apothecary, 311 Michigan Ave., a medical marijuana dispensary now operating as C.A. of Mount Pleasant. A final ruling is expected this month.
“If patient-to-patient transfers are ruled illegal, the only way to get their medicine is if they grow it for themselves or if a caregiver can grow for them,” said Brandon McQueen, co-owner of C.A. “This is going to be a make-or-break case for the whole law.”
McQueen said the apothecary wants its patients to be self-sufficient or find trustworthy caregivers, but there has to be a third option of patient-to-patient transfers, or it has no way to get the medical marijuana.
Burdick said the appeals courts have their work cut out for them, and hopes the ruling is released by the end of the month.
“I think the court is well aware of the urgency of this issue,” Burdick said. “I think that it will help local governments, it will help clear things up.”
Burdick’s case is supported by Schuette who declared in his formal opinion on June 28 there are only two legal ways patients can access medical marijuana.
They can either grow up to 12 plants or get it from a registered caregiver who can grow 12 plants for five patients.
“The Michigan Medical Marihuana Act prohibits the joint cooperative cultivation or sharing of marijuana plants,” Schuette said in an official statement, “because each patient’s plants must be grown and maintained in a separate enclosed, locked facility that is only accessible to the registered patient or the patient’s registered primary caregiver.”
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