The planned medical marijuana dispensary for S. Washington at Corunna Avenue (M-71) in the former Anthony’s Dairy Delight building, which opened Tuesday and was hit with a “cease and desist” order, will be further discussed during the 7:30 p.m. Monday, Dec. 21, Owosso City Council meeting.
Concerns about the medical marijuana dispensary’s plans were taken to the city council at the Dec. 7 meeting by Patrick Sherman of a substance abuse treatment and counseling center in the former MWA building, saying the city’s provision for separation from churches and schools should extend to substance abuse treatment and counseling centers.
Mayor Ben Frederick wrote on Tuesday afternoon: “The following is from an Assistant Attorney General within the Michigan Attorney General’s office with knowledge in this area. It should not be described as a formal opinion of the Attorney General but is available for your reference or publication should you choose.
“Statement: Dispensaries are illegal. The Michigan Supreme Court has made that clear in People v McQueen, 493 Mich 135, 148-149 (2013) and the Michigan Court of Appeals was explicit in People v Johnson, 302 Mich App 450, 463 (2013) stating that dispensaries are not legal and have never been legal or authorized by law. Therefore, the crime of selling to anyone who comes into a dispensary who is a registered patient is still a violation of the Public Health Code, MCL 333.7401(2)(d)(iii) and a 4 year felony. The only time someone can transfer marijuana legally occurs when that person is a registered caregiver and is transferring marijuana to their own patient who they are registered with through LARA.
“Collective grow facilities are also illegal, unless they abide by the specific regulations of the MMMA. According to the law, a caregiver can also be a patient and have up to five patients who he/she cares for. The caregiver can possess up to 2.5 ounces of processed marijuana for each patient including himself/herself, so up to 15 ounces of marijuana. He can only transfer the marijuana to his/her own patients and not other patients.”
On Wednesday, Channel 9 and 10 news from Cadillac reported that four medical marijuana dispensaries which had been operating in Kalkaska County had been raided on Monday. No arrests were made, but information was gathered.