State v. McQueen
293 Mich. App. 644
| Mich. Ct. App. | 2011Background
- McQueen and Taylor operate Compassionate Apothecary (CA), a medical-marijuana dispensary selling member-stored marijuana with a 20% service fee.
- CA lockers hold marijuana placed by CA members who are either qualifying patients or primary caregivers; members pay $50 per locker and CA can revoke membership.
- CA claims to facilitate patient-to-patient transfers; CA does not purchase marijuana from members or third parties.
- Plaintiff Isabella County Prosecuting Attorney seeks injunctive relief alleging CA operates contrary to MMMA and violates the Public Health Code (PHC).
- Trial court denied injunctive relief, holding CA complied with MMMA; court of appeals reverses, finding CA is an unlawful public nuisance under PHC because patient-to-patient selling is not authorized by MMMA.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Does MMMA authorize patient-to-patient sales? | Plaintiff: MMMA does not permit patient-to-patient sales. | McQueen/Taylor: MMMA permits medical transfers/delivery. | No; medical-use does not include sales, so CA’s patient-to-patient sales are not authorized. |
| Is there immunity under MMMA § 4(i) for CA’s activities? | Public nuisance unless immunity applies. | CA seeks § 4(i) immunity as assisting patient use. | Immunity not available because CA sales do not constitute assisting use; § 4(i) does not cover selling. |
| Is CA’s operation a public nuisance under PHC? | CA violates PHC by possessing and delivering marijuana. | CA’s conduct is permissible under MMMA. | CA’s operation constitutes an unreasonable public nuisance; must be enjoined. |
Key Cases Cited
- Redden v. Michigan Dept. of Cmty. Health, 290 Mich App 65 (Mich. Ct. App. 2010) (MMMA interpretation; non-repeal of PHC; medical use limits)
- King v. Michigan Dept. of Community Health, 291 Mich App 503 (Mich. Ct. App. 2011) (MMMA does not repeal PHC; medical-use limits explained)
- Capitol Props Group v. 1247 Center Street, LLC, 283 Mich App 422 (Mich. Ct. App. 2009) (public nuisance standard; health/safety impacts)
- PowerPick Player’s Club of Mich., LLC, 287 Mich App 13 (Mich. Ct. App. 2010) (public nuisance; statutory compliance presumed harmed by violation)
- Cloverleaf Car Co. v. Phillips Petroleum Co., 213 Mich App 186 (Mich. Ct. App. 1995) (public nuisance elements; continuing violation)
- People v. Schultz, 246 Mich App 695 (Mich. Ct. App. 2001) (interpretation of transfer/possession definitions for controlled substances)
- People v. Burton, 252 Mich App 130 (Mich. Ct. App. 2002) (statutory interpretation; omission in MMMA context)