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The Michigan Messenger going forward

By Staff Report | 11.16.11

I am writing today to announce the closure of the Michigan Messenger. After four years of operation in Michigan, the board of the American Independent News Network, has decided to shift publication of its news into a single site, The American Independent at Americanindependent.com. This is part of a shift in strategy, towards new forms [...]

Colorado-based abstinence program provided false and misleading information to Michigan students

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By Todd A. Heywood | 11.16.11

An abstinence-only presentation provided to numerous school districts in Calhoun and Eaton Counties in October of this year provided false and misleading information to students about HIV, experts allege.

Class action lawsuit filed against MERS over unpaid taxes

foreclosure
By Todd A. Heywood | 11.15.11

Two county registers of deeds filed a class action lawsuit Monday on behalf of Michigan’s 83 counties alleging that the Mortgage Electronic Registration Services owes millions of dollars in property title transfer taxes.

Schuette fights important mercury regulations

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By Eartha Jane Melzer | 11.14.11

Despite evidence of the impact of mercury on children and public health, Michigan Attorney General Bill Schuette last month joined with 24 other state attorneys general in filing a lawsuit to scuttle new EPA regulations that would reduce mercury emissions from power plants.

medical marijuana

Isabella judge finds pot dispensaries legal

By Todd A. Heywood | 12.17.10 | 10:17 am

An Isabella County Circuit Court judge has ruled that a medical marijuana dispensary in Mt. Pleasant is legal under the state’s Medical Marijuana Act, reports the Mt. Pleasant Morning Sun.

The ruling came in a case where Isabella County Prosecutor Larry Burdick tried to shut down the Compassionate Apothecary dispensary as a public nuisance. Burdick asked the court for a restraining order to halt the operations at the dispensary. But Circuit Court Judge Paul Chamberlain refused to issue the order, ruling the dispensary was operating within the act.

In the eight page ruling, Chamberlain wrote that he found the operation — which allowed registered patients and caregivers to pay a membership fee, rent lockers and sell medical marijuana — was legal under the state’s act. He said the owners, Brandon McQueen and Matt Taylor, were clearly assisting medical marijuana users in obtaining and using the drug and therefore could not be charged with.

Burdick tells the Morning Sun he will appeal the decision.

“We are disappointed in the ruling released today,” Burdick said. “We believe it significantly expands the parameters the Legislature placed in the (Michigan Medical Marijuana Act), limiting caregivers to having five patients and not recognizing ‘patient-to-patient’ distribution at all.

“The court’s opinion allows individuals to establish essentially a marijuana consignment shop by setting up a few lockers and getting signatures on some forms, to distribute marijuana to anyone with a patient card, while taking 20 percent commission off the top of the sale. We don’t believe the intent or language of the law, or the rules of statutory construction lead to this result.”

The ruling comes as more and more municipalities are implementing moratoriums on medical marijuana related businesses as they attempt to hash out rules and regulations within the existing planning code. Some municipalities have already passed laws restricting medical marijuana businesses, and the ACLU has filed suit against them. In Bloomfield Township, lawyers filed suit on behalf of two residents charging that the township’s ordinance, which prohibits the sale or growth of medical marijuana in the township and requires medical marijuana patients to register with the local police.

Comments

  • Anonymous

    This joker is actually going to waste taxpayer dollars appealing the ruling.

    You would think our leaders would learn from the mistakes made by their counterparts in California.

    Don’t mess with Medical Marijuana. You will lose in court. You will waste taxpayer dollars.

  • http://pulse.yahoo.com/_GQC5CRF6UOPNC3Q6XGXVWIU54E Dano

    Judge Chamberlain is just doing his job honestly and should be applauded for doing so. Mr. Burdick clearly has a personal agenda that is more important to him than the will of the voters. It’s a shame people like that are still in elected positions. What people choose to use to improve their quality of life is THEIR choice and nobody (including government) should be able to stand in their way.

  • http://pulse.yahoo.com/_42FLYOG2FRM3QBC4OKFM3Y7PTQ John Smith

    finally a judge who doesn’t just care about his career…who doesn’t just follow what the law says, instead of what it was obviously intended for.

    And this prosecutor sounds like he’s just trying to make a name for himself.
    good luck, sounds like you and mike bouchard are gonna have to share rent next year….because you both are going to lose