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Monday, March 18,2013

Dispensaries appeal imminent

Defendants in Court of Appeals case plan to take ruling to the Michigan Supreme Court

by Nyssa Rabinowitz
Monday, Aug. 29 — The owners of Compassionate Apothecary in Mt. Pleasant have decided to appeal the Michigan Appeals Court ruling making medical marijuana dispensaries illegal and have hired two Lansing lawyers to represent them.

Attorney Matt Newburg said he and another Lansing attorney, Mary Chartier, are working with dispensary co-owners Matthew Taylor and Brandon McQueen to gather information to file an appeal, Newburg said today. No appeal has been filed as of yet, but information gathering is taking place to be able to file soon, Newburgh added.

“Were going to look at every mechanism available to the defendants and see if we can make a decision on what the best plan will be,” Newburg said.

While he hopes to have the appeal filed sooner, it could take anywhere from six months to a year in order for the Michigan Supreme Court to make their ruling, providing they take the case in the first place, Newburg said.

“We’re kind of at the whim of the Supreme Court for that,” he said. “It will take a good period of time.”

One option for the defendants is to request a stay of the Appeals Court ruling, which would allow dispensaries to remain open until the Supreme Court can rule, but Newburg said he did not have enough information yet to determine what the chances of getting the stay might be.

Until then, Newburg said dispensary owners have no legal standing to sell marijuana. Newburg recommended that dispensaries remain closed until the Supreme Court makes its decision or until a stay is granted.
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