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Michigan Supreme Court Ruling May Effect Genesee County Medical Marijuana Dispensaries

When Michigan initially passed the approval of medical marijuana, you knew there was going to be some legal complications. Now. thanks to a Michigan Supreme Court ruling, Genesee county dispensaries may be dealing with a legal headache.


Photo by David McNew/Getty Images


It’s kind of mind blowing that people can walk into a store and buy marijuana, but thanks to dispensaries located through out the state, you can do just that.  For now at least, as a the Michigan Supreme court is reviewing a case to shut down such businesses for being a public nuisance.

The case stems from Isabella County, where in August of 2011, a 3 judge panel ruled to shut down Mount Pleasant dispensary,  Compassionate Apothecary, based on patient-to-patient sales.


The ruling will hopefully serve as a clarification of existing laws and it doesn’t seem like medical marijuana is in danger, just the way it’s distributed.  Lapeer County Prosecutor Byron Konschuh, claims the issue isn’t in caregiver-to-patient relationships, it’s when patients starting selling to each other, which happens at certain dispensaries.  Other prescription drugs are not permitted to be sold on a patient-to-patient level and Konschuh claims marijuana should be no different.

“They want to treat marijuana as a medicine and share it socially, like a beer,” he said. “Either you’re using it as a medication or it’s a social thing.”


Genesee County Prosecutor David Leyton claimed the dispensaries within county limits will be permitted to stay open, unless they become declared a public nuisance.


It’s a complicated issue, and I’m sure there will be more chapters that unfold in the story of Michigan Medical Marijuana.


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