Michigan v. McQueen

828 N.W.2d 644, 493 Mich. 135 (2013)

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Michigan v. McQueen

Michigan Supreme Court
828 N.W.2d 644, 493 Mich. 135 (2013)

Facts

Brandon McQueen (defendant) operated a medical-marijuana dispensary for qualified patients and primary caregivers registered under Michigan’s medical-marijuana law and paid a membership fee to join the dispensary. The dispensary held marijuana for its members and facilitated sales of marijuana among the members. The state (plaintiff) filed a lawsuit against McQueen in circuit court, seeking an injunction barring the dispensary from continuing to operate on the basis that the dispensary constituted a public nuisance under the Michigan law classifying any building used for the unlawful sale of marijuana as a public nuisance. The circuit court denied the state’s request for an injunction, ruling that the dispensary did not constitute a public nuisance because facilitating patient-to-patient medical-marijuana sales was lawful under Michigan’s medical-marijuana law. The state appealed, and the Michigan Court of Appeals overturned the circuit court’s decision, ruling that Michigan’s medical-marijuana law did not authorize patient-to-patient sales. McQueen appealed.

Rule of Law

Issue

Holding and Reasoning (Young, C.J.)

Dissent (Cavanagh, J.)

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