Compassionate Apothecary employee Brandon Smurf hands over a jar of medicinal marijuana to a customer Wednesday afternoon at Compassionate Apothecary of Lansing. The business’ owner, Ken Van Every, said he’s been extremely busy for the past week with people stocking up for Wednesday’s unofficial marijuana holiday. “It’s just been nonstop all day yesterday and all day today,” Van Every said.
Michigan law enforcement officers now have the authority to shut down medical marijuana dispensaries after a new court ruling was issued Friday, potentially forcing thousands of county residents to find a new way to purchase the drug.
The Michigan Supreme Court issued a 4-1 ruling Friday affirming medical marijuana dispensaries can be shut down under Michigan’s public nuisance law.
Medical marijuana no longer can be sold between patients — only between caregivers and patients registered with the state.
The ruling came from a lawsuit Michigan Attorney General Bill Schuette and former Isabella County Prosecutor Larry Burdick filed against Compassionate Apothecary, a marijuana dispensary in Mount Pleasant, Mich.
The Michigan Supreme Court ruled Compassionate Apothecary’s membership program between Michigan-registered patients and caregivers violated the state’s marijuana act.
Burdick said the shop was a public nuisance, and the voters who approved the Michigan Medical Marihuana Act in 2008 didn’t vote to allow businesses to sell marijuana. Instead, they voted for an exception to allow only those with serious medical problems to use marijuana.
Brad Forrester, a caregiver and a program director of Michigan’s chapter of the National Organization for the Reform of Marijuana Laws, said this doesn’t necessarily mean dispensaries have to close down immediately, but it does mean courts view the shops as illegal and county law enforcement can prosecute them if they choose.
Forrester said the new ruling could make it more difficult for Michigan residents to access medical marijuana.
“This is also a restriction to a patient’s health care choices, and this is a restriction of their civil liberties,” he said.
Schuette praised the courts for clearing up misconceptions about the medical marijuana act.
“Michigan’s highest court clarified this law is narrowly focused to help the seriously ill, not an open door to unrestricted retail marijuana sales,” he said in a statement.
Forrester said he knows of at least 10 Michigan dispensaries that plan to remain open after modifying their business to accommodate the new ruling. He said some will shut down and, with less dispensaries, it could mean higher medical marijuana prices.
Michigan received about 122,000 applications for original registry ID cards and card renewals in 2012, according to government records. Of these applications, the state denied about 7,000.
Ingham County has about 2,000 caregivers and about 5,000 patients, four who are younger than 18 years old. Ingham is among the top six counties with the most patients and caregivers in the state.
Although it places more restrictions on marijuana usage, Forrester said he doesn’t think the court’s ruling is a step backwards from decriminalizing marijuana in Michigan.
“I don’t think that will be affected by this decision,” he said.
The Michigan Medical Marihuana Act does not change university policies, which still prohibit using or possessing marijuana on campus, according to MSU Human Resources.
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