Retired nurse files a lawsuit to try to roll back legislation that has restricted medical cannabis access for patients.
Sherry Hoover, a 57-year-old retired nurse, has filed a lawsuit against Michigan state, claiming that her access to medical marijuana was hindered after the state passed more restricting regulations. According to Hoover, she has been unable to find the specific kinds of medication she usually obtains from her medical cannabis dispensaries and has been without them for 3 weeks.
“LARA has essentially prevented Plaintiff from obtaining her necessary and prescribed medical marijuana that she has a right and is authorized to obtain under Michigan law as a qualified medical marijuana patient,” read the lawsuit
The lawsuit claims that new regulations have increased demands around production and testing that slow the compliance process, making it hard for suppliers to meet demand. Furthermore, access to cannabis concentrates is not cost-effect for producers under the regulations as these products require more time and testing than dried flower.
Hoover has been battling cancer since 2011, with a diagnosis of mast cell leukemia in 2018. She relies on medical cannabis to help mitigate the adverse side effects of her chemotherapy. The lawsuit filed on behalf of Hoover seeks no financial compensation but asks that there be an extension on enforcement of the testing procedures until they can be enforced without legal impeding access.
“Perhaps the last thing I ever dreamed of was suing the state of Michigan because they denied me the ability to purchase medicine which makes my life more livable,” said Hoover during her press conference at Royal Oak coffee shop
On April 1, the Michigan Department of Licensing and Regulatory Affairs (LARA) began enforcement of new testing protocol that prohibits the sale of products in dispensaries that hadn’t been subject to lab testing. Prior to the change, there were emergency rules in Michigan Medical Marihuana Facilities Licensing Act to allow for exceptions in carrying untested products. Hoover is asking for the regulations to return to those existing prior to April 1, until regulations can be drafted that do not impede patient access.
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