Appeals court rules against medical marijuana sales between patients

In the first appeals court ruling on commercial sales of medical marijuana, a three judge panel has ruled that Michigan’s 2008 medical marijuana law does not allow patients to sell to each other.

The Detroit News reports that the court said the Compassionate Apothecary in Mount Pleasant can be shut down as a “public nuisance.”

Compassionate Apothecary allows certain people to sell marijuana to each other, with the owners taking as much as a 20 percent cut. In less than three months, the business earned $21,000 before expenses after opening in May 2010.

Authorities went to court to shut down the business, but a judge refused, saying the medical marijuana law allowed the transfer of pot from patient to patient.

Compassionate Apothecary has 345 members. They are certified by the state to use marijuana to alleviate pain or other medical problems, or they are registered caregivers for patients. They can rent marijuana lockers for $50 a month.

Medical marijuana dispensaries across the state are studying the ruling.

The Michigan Supreme Court has agreed to hear cases on other aspects of the medical marijuana law.