Supreme Decision?

What Does it Mean and How We Will Endure the High Court’s Ruling

The Michigan Supreme Court has confirmed that patient-to-patient transfers are not protected under the Michigan Medical Marihuana Act (MMMA)—but patients and MMJ advocates aren’t done yet. No, not by a long shot.

The long awaited, 4-1 McQueen decision ruled that no transfers outside of the patient-caregiver relationship are permitted. In the McQueen decision, filed Feb. 8, the state’s highest court defined “medical use” to include sales, but narrowly ruled on allowable transfers—mainly that the only legal transfer of cannabis under the Act is through the state registry, from a caregiver to his or her patient.

Predictably, Michigan Attorney General Bill Schuette hailed the court’s decision and sent letters to Michigan County prosecutors, detailing how to shut down dispensaries through public nuisance cease-and-desist actions.

Immediately after the decision was released Michigan newspapers declared an end to dispensaries. Attorneys began publicly arguing over possible implications. Frightened patients and caregivers gathered across the state in an attempt to make sense of the massive changes to the MMMA that ushered in the state’s age of compassion.

Despite collective fear being quite high, marijuana reform progress is steadily gaining. We’ve been here before.

In late August 2010, the Oakland County Narcotics Enforcement Team (NET) executed simultaneous, multiple paramilitary raids on dispensaries and homes. Guns held to children’s heads. Piggy banks were stolen. Homes were ransacked. It was a devastating blow, especially after 67-year-old Sal Agro, a retired GM worker and beloved Lake Orion sports coach, died of a heart attack a week after his and his sons’ homes were raided.

The Agro’s nightmare didn’t end with the loss of Sal. His wife of 40 years, Barbara, was not only left a widow, but the 70 year-old grandmother and former police dispatcher was aggressively prosecuted by Oakland County. She was found guilty of a delivery/manufacturing felony charges by an Oakland County jury that was disallowed from knowing Agro was a state sanctioned caregiver and patient.

A year later, the Michigan Supreme Court ruled that a person who has been certified to use medical cannabis can use that status as a defense against prosecution.

The opinion prompted Agro and other defendants who weren’t allowed to assert a medical defense to appeal their convictions. They will have their day in court and this time, the jury will be fully informed.

Is this a victory? Yes and no. While we work to end prohibition, lives are ruined and lost, collateral damage is inflicted on our country’s longest running civil war. But at the same time, legislators—including Republicans—are embracing what was once a political death sentence: cannabis reform.

Michigan legislators are also loading up on an unprecedented number of reform bills, all with wildly bi-partisan support, including legalizing industrial hemp, marijuana legalization and decriminalization, and civil asset forfeiture reform. But the shining star of the moment is HB 4271—The Provisioning Centers Act. Just 10 days after the McQueen ruling was issued, State Rep. Mike Callton, (R-Nashville) introduced The Medical Marijuana Provisioning Center Regulation Act (PCA). The Act allows municipalities to regulate MMJ facilities. Eight Democrats and nine Republicans have signed on as sponsors, and the bill is fast-tracked for passage. With Michigan legislators embracing reform, this fight is nearly over. Pray for the dead, and fight like hell for the living.

Sweeping the Nation

The entire country, not just Michigan, is experiencing a massive sweep of bi-partisan reform efforts. So far in 2013, at least seven pieces of marijuana reform legislation have been introduced in Congress. The bills include: ending federal marijuana prohibition, taxing its trade, legalizing industrial hemp and protecting patients and providers from asset forfeiture and prosecution.