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New Medical Marijuana Ruling

On January 29, 2013, the Michigan Court of Appeals held that the uncompensated transfer of marijuana between registered qualifying patients constitutes protected "medical use" of marijuana as permitted by the Michigan Medical Marijuana Act ("MMMA").  See People v Green, Docket No. 308133 (January 29, 2013), which can be found here.  While the Court of Appeals reaffirmed that patient-to-patient sales of marihuana are still not protected under the MMMA, Michigan v McQueen, 293 Mich App 644, 653; 811 NW2d 513 (2011), the decision in Green will not only impact enfocement of state statutes regarding the transfer or delivery of marijuana, but could have significant local impacts as well.  Our attorneys have extensive experience with the MMMA and drafting and reviewing local ordinances, including ordinances addressing medical marijuana dispensaries.  If your municipality is interested in discussing the Green decision or any other medical marijuana issues, please contact our office.

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