COLUMN: Medical marijuana confusion shows legalization of substance best path


Across the state, attention has recently been given to the issue of medical marijuana dispensaries' legality under the Michigan Medical Marihuana Act (MMMA).

Brandon McQueen, the former owner of Compassionate Apothecary, a dispensary that facilitates the patient-to-patient sale of marijuana, lost a court case at the Michigan Court of Appeals in August and recently held a rally in Mount Pleasant. His dispensary rented out lockers where clients could store excess marijuana for the future sale to other patients.

McQueen argued that because the dispensary did not own the marijuana, that it was not “selling” the marijuana nor in violation of exceeding the amount of marijuana allowed per patient or caregiver.

This logic, while sound on the surface, falls apart when looking at precedent from previous court cases.

Through dispensing the marijuana in exchange for monetary payment, while dispensaries do not own the marijuana, they clearly “exercise dominion or control over the substance,” which courts have said falls under the term “possession.”

Because the dispensaries are also taking a percentage from the price members had set, and because a sale would not take place without the dispensary, the court rightfully found that dispensaries were engaged in “selling” marijuana.

The court correctly ruled that under the MMMA, that “medical use” does not permit the “sale” of marijuana.

The court’s line of reasoning is further supported in the MMMA itself, which states, “A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of controlled substances.” The only money that can be given for marijuana is the amount of money a caregiver loses by helping someone administer marijuana.

If dispensaries or caregivers are making money from the transfer of marijuana, this violates the act.

The court ruled that because the dispensary possessed more marijuana than its owners were allowed to have, they were in violation of the MMMA. Furthermore, it ruled that any dispensary facilitating the sale of marijuana is also illegal under the Public Health Code because the MMMA does not allow the sale of marijuana.

While the appeals court correctly ruled on the case, the issue is far from resolved, and an appeal to the Michigan Supreme Court is likely. Problems with the law were predicted after it passed a state-wide vote, and there is an easy solution — legalize marijuana altogether.

It is time the nation ends its double standard between keeping alcohol and tobacco legal while keeping marijuana criminalized. Legalize marijuana and punish those who abuse it like we do with alcohol. Doing so would not only end debates such as this, but would allow police and officials to focus on things that do more harm to society.

Until this is done, the debate over medical marijuana will continue, but under current Michigan law, it is unlikely that marijuana dispensaries will be allowed to reopen.

Nathan Inks is the current president of College Republicans.

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