The  Midland County prosecutor filed a civil action seeking to shut down the Twinn Bridges Compassion Club in Homer Township.  The attorney general, Bill Schuette, is joining the action in support of the prosecutor.    Again, the basis for the challenge is that the dispensary business model is based upon the belief by operators that patient to patient transfers are legal.  Hence, a patient (at a dispensary) can sell to a patient that walks in off from the street.  The prosecutor disagrees and argues that the statute only expressly authorizes transfers between a designated caregiver and and  that caregiver’s patient.   There is currently a case pending in the Court of Appeals that will also address this issue, and it is likely to be that patient to patient transfers are illegal, effectively banning the dispensary model.  The attorney general is now on a crusade to eliminate “pot shops” everywhere.

But the irony is that it will result in no lawful (or arguably lawful way) for caregivers to offload their excess production.   It will force legal production underground between patients and caregivers or otherwise force production to be offloaded in the black market.  So the attorney general’s “reefer madness” frustrations will only cause more illegal activity, not less.

Even more comical is the attorney general’s recent opinion #7259, June 28, 2011 where he ruled that each caregiver must keep each patient’s crop separate from the other patient’s crop in separate, enclosed, locked facilities; and consequently cooperative grows were illegal.  So since there are about 100,000 patients now, and assuming each has a caregiver, then there would be at least 20,000 grow operations in Michigan to satisfy the lawful needs of patients.  Our attorney general does not want a “pot shop” on every corner, but by his recent opinion, he just created 20,000 pot farms.  Good going Bill.  Way to be a leader.

 

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