Tagged: marijuana

The state Treasury Department says medical marijuana cannot be taxed in Michigan without a change in the law. The medical marijuana law was enacted by voters in 2008. But the law is silent on the question of taxing medical marijuana dispensed by licensed clinics and caregivers.  

James Campbell is an accountant who asked for the opinion. He says the state has not been taxing dispensaries and caregivers. But Campbell says he could not be sure that wouldn’t change.

Two years ago, Michigan voters overwhelmingly approved a state constitutional amendment allowing the use of marijuana for medical purposes.

Voters from liberal Ann Arbor to staunchly conservative Ottawa County supported this change.

Some, to be sure, saw this as opening the door to a complete legalization of marijuana. However, they appear to have been a minority. Most people seem to have felt that those who are legitimately suffering from disease such as glaucoma ought to be able to use the drug in cases where it could ease their pain.

But the devil is always in the details, and we probably should have foreseen that administering this law was going to be an unholy mess. Yesterday, the Detroit Free Press took a comprehensive look at how the medical marijuana law has been working.

To nobody’s surprise, their answer was: Not very well. The state is struggling with a huge backlog of applications to grow the stuff.

Prosecutors, meanwhile, have been going after people who may be falsely claiming to be growing and selling pot for medical use, and there are also rumors that certain physicians are happy to certify that most anybody qualifies to use marijuana for “medical” purposes.

On top of that, neither the constitutional amendment - or any other law - has made it clear where medical marijuana is supposed to come from. Part of the problem is that marijuana is a controlled substance whose use is illegal under federal law.

So, basically, the original source of any pot supply has got to be illegal, even if the state of Michigan approves someone to grow marijuana for medical reasons. There is also, so far as I can tell, absolutely nothing to ensure purity or quality control of the supply.

Basically, then, we’ve got a system of something approaching anarchy when it comes to medical marijuana.

So, what do we do about it?

People with medical marijuana cards may soon be unable to smoke together in their support groups. A bill approved by a state Senate committee would prohibit so-called “marijuana clubs” or bars.

Republican state Senator Rick Jones says people who gather to smoke marijuana away from their homes could easily become a danger on the roads to other drivers.

 “There’s really no good reason for people to gather and consume marijuana. If somebody really needs to know how to use it, their care provider can go to their home and teach them. They don’t need to gather in a bar-like atmosphere.”

Medical marijuana supporters say the bill is a continued attempt by lawmakers to add rules to the constitutional amendment approved by voters. The Michigan Medical Marijuana Act was approved by voters by a wide margin in 2008.

Greg Pawlowski is a representative of medical marijuana support groups. He told lawmakers that regulation of the Michigan Medical Marijuana Act is an attempt to stifle the voices of patients. 

 “I applaud you so much for taking the time to talk to us, but now you need to hear what we have to say, and not talk amongst each other that we’re wrong. Because this is not an issue of being right or wrong, this is a human issue. I should not have to be a second-class citizen and have to have a patient card.”

A federal judge in Grand Rapids heard arguments Tuesday in a case involving who has access to patient information under Michigan’s Medical Marijuana Act.

The Supreme Court will hear arguments in a case regarding a possible illegal search today.

In the case "The People of the State of Michigan vs. Mark Slaughter" - the defendant, Mark Slaughter, was charged with possessing marijuana plants in his basement after a firefighter found the plants during an emergency call. From the court filing:

On May 6, 2007, firefighters were called to the residence of Kathleen Tunner at 3206 Coolidge, Royal Oak, Michigan. Ms. Tunner testified that she suspected that water was running down the wall of her basement in her unit over her electrical box. Ms. Tunner contacted 911 and the fire department arrived...even though the unit in which called for assistance was Ms. Tunner's unit, Lieutenant Schunck never entered or inspected Ms. Tunner's unit...[Schunck] testified that they entered Defendant's unit, absent any signs of leaking water or hearing water running from outside Defendant's unit...Upon entering Defendants unit, the firefighters observed suspected marijuana plants...and subsequently contacted the police."

The Associated Press reports that lower courts have ruled in Slaughter's favor:

Slaughter's defense lawyer successfully argued that it was an illegal search. Prosecutors say there's an exception when authorities find evidence of a crime during an emergency.

So let's play armchair Supreme Court justice. Do you think this amounted to an illegal search? You can read the complaint to gather more information before you issue your ruling.

The ACLU has filed lawsuits on behalf of medical marijuana users in the cities of Birmingham, Bloomfield Hills, and Livonia after those cities effectively banned medical marijuana.

Now add the city of Wyoming to the list of cities being sued by the ACLU. The ACLU said it will represent John Ter Beek "a medical marijuana patient who fears being penalized by local officials if he grows or uses medical marijuana in compliance with state law."

The Wyoming city council unanimously passed a ban on medical marijuana earlier this month.