On 8 February 2013, the Michigan Supreme Court held that a business facilitating patient-to-patient sales of marijuana violates the Michigan Medical Marihuana Act. As a result, the business in State of Michigan v. McQueen was properly enjoined as a public nuisance by the Michigan Court of Appeals.
The Court held, “Because the MMMA’s immunity provision clearly contemplates that a registered qualifying patient’s medical use of marijuana only occur for the purpose of alleviating his own debilitating medical condition or symptoms associated with his debilitating medical condition, and not another patient’s condition or symptoms, § 4 does not authorize a registered qualifying patient to transfer marijuana to another registered qualifying patient. . . . [T]he MMMA does not contemplate patient-to-patient sales of marijuana for medical use and that, by facilitating such sales, defendants’ business constituted a public nuisance.”
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