Updated at 9:57 p.m.
We have this update from Rick Pluta -
The decision leaves the discretion to close a dispensary with local prosecutors.
Isabella County Prosecutor Larry Burdick, who brought the case to the Court of Appeals, says local police in his bailiwick will start tonight delivering copies of the decision and warning letters to the "four or five dispensaries in his bailiwick."
He says the letters warn the dispensaries they are out of compliance with the law if they accept payments for medical marijuana and, if so, they need to change their operations or shut down.
Ingham County Prosecutor Stuart Dunnings III says he's facing a more complicated situation. The city of Lansing has become a center for dispensaries. It has upwards of 40 -- some of them operate 24/7.
Dunnings says he warned city officials the dispensaries are illegal, but the city passed an ordinance allowing them. Dunnings says he intends to step carefully since the dispensary operators thought they were playing by the rules. Nevertheless, The Lansing City Pulse reports most of the 11 dispensaries on the Michigan Avenue strip directly east of the state Capitol responded to the ruling by closing their doors.
Update 2:37 p.m.
Here's a video of the oral arguments made in front of the Michigan Court of Appeals on June 7, 2011.
The Court of Appeals ruled today that the marijuana dispensary in question operated in violation of the law.
People v Compassionate Apothecary from Eric L. VanDussen on Vimeo.
And here is Steve Carmody's raw interview with Michael Komorn, the president of the Michigan Medical Marihuana Association.
Komoron told Carmody that despite the ruling, dispensaries around the state will continue to operate under local implementation and interpretation of the Michigan Medical Marihuana Act - at least until the Michigan Supreme Court rules on the case.
Update 12:48 p.m.
Sarah Alvarez, Changing Gears Public Insight Analyst and lawyer, read the ruling that was released by the Michigan Court of Appeals this morning. A three-judge panel wrote the opinion (Joel Hoekstra, Christopher Murray, and Cynthia Stephens).
The case involves Isabella County prosecutors office and the two owners of the Compassionate Apothocary, a dispensary in Isabella County operating with 345 members. Alvarez says the appeals court finds that no provision of the Michigan Medical Marihuana Act would permit for patient to patient sale of marijuana.
The dispensary is therefore found to be a public nuisance and must cease operations. (important to note this is not a criminal prosecution).