Related: Michigan Court of Appeals backs Barry County medical marijuana provider

BARRY COUNTY, MI – The state Supreme Court said medical marijuana cannot be shared by registered users unless the provider is a licensed caregiver for the user.

The ruling reversed a decision by a state Court of Appeals panel that allowed patient-to-patient transfers.

The state Supreme Court ruled that a charge of marijuana delivery be re-instated against Tony Allen Green in Barry County Circuit Court.

The Supreme Court said it has ruled in a previous case that “immunity does not extend to a registered qualifying patient who transfers marijuana to another registered qualifying patient for the transferee’s use because the transferor is not engaging in conduct related to marijuana for the purpose of relieving the transferor’s own condition or symptoms.”

The appeals panel had said the transfer of marijuana – not the sale – is considered “medical use” under the medical marijuana law, part of the "acquisition, cultivation, manufacture … relating to the administration of marijuana to treat or alleviate a registered qualifying patients’ debilitating medical condition … .”

Police arrested Green after he provided Al Thornton with marijuana while they were in Nashville. A Barry County District Court judge would not consider Green’s argument that the transfer of marijuana because two patients was protected medical use, but a Circuit Court judge said Green had immunity because “medical use” included “delivery” and “transfer.”

The appeals panel of justices Mark Cavanagh, Joel Hoekstra and Douglas Shapiro said: “Unlike the sale of medical marijuana, the delivery or transfer of marijuana, absent the exchange of compensation, is specifically included in the MMMA’s definition of ‘medical use.’”

But Barry County prosecutors, backed by state Attorney General Bill Schuette, said delivery was allowed only by a patient’s primary caregiver.

The prosecution argued that such delivery was allowed only from a primary caregiver to patient. Green was not Thornton’s primary caregiver.

E-mail John Agar: jagar@mlive.com and follow him on Twitter at twitter.com/ReporterJAgar