Tagged: medical marijuana

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?

The Michigan Supreme Court may soon hear its first case on the state’s medical marijuana law.

Larry King of Owosso has a medical marijuana license from the state.  He was charged with a felony by the Shiawassee County prosecutor for growing marijuana in a locked dog kennel that did not have a roof. The Circuit Court dismissed the case, but the Court of Appeals reinstated the felony charges.

Dan Korobkin is an attorney with the American Civil Liberties Union of Michigan. He says the prosecution shouldn’t charge King with a felony because King is legally allowed to grow marijuana:

“Instead of simply telling Mr. King that he needed to move his plants inside, or put a roof over it, they’re now prosecuting him on felony drug charges for the same offense that he would be charged with if he never had any medical marijuana card at all.”

Korobkin said Michigan voters approved the medical marijuana act to protect patients that were approved to use marijuana for medical reasons.

“We’re representing him because the prosecution of a medical marijuana patient who is complying with the law is a gross injustice and thoroughly undermines the intent of the voters in passing the Medical Marijuana Act."

Michigan’s medical marijuana law allows people to use the drug, but motor vehicle laws forbid driving with any marijuana in your system. The legal battle could head to the State Court of Appeals.

Rodney Koon was pulled over for speeding a little over a year ago. Officers in Traverse City found a pipe in his pocket so he showed them his medical marijuana card. The Traverse City Eagle-Record says Koon was charged with driving under the influence of a schedule one controlled substance (others include ecstasy, heroin, and LSD) after a drug test revealed he had marijuana in his system.

A county judge ruled the state’s medical marijuana law protects Koon from prosecution. He said prosecutors need to have more solid evidence a driver is impaired while driving. State driving laws say people can’t drive with even a trace amount of schedule one controlled substances in their system.  

Michigan Attorney General Bill Schuette is supporting the Grand Traverse County Prosecutor’s appeal to the State Court of Appeals. He says Koon isn’t “being prosecuted for using marijuana, but for driving shortly after using it.”

There are still some open questions about how the state will implement its two year old Medical Marijuana law.

The state has not said how dispensaries of the drug should be regulated so some cities allow the dispensaries and others do not.

These differences have put a few cities in court. Advocates say the state is missing an opportunity by not regulating the dispensaries.

Karen O’Keefe is with the Marijuana Policy Project, a supporter of the original law.

 

"States that have regulated dispensing, a lot of them subject medical marijuana to sales tax. Some of them also have modest business taxes and there are fees. So in addition to helping patients have access and clearing up some of the confusion that localities are facing it would help the state financially."

Groups on both sides of the issue plan to continue to push the state to weigh in on the issue this year.

-Sarah Alvarez, Michigan Radio Newsroom

Joseph Cassias once stocked shelves at the Walmart in Battle Creek. He was fired after he tested positive for marijuana. Cassias has an inoperable brain tumor and qualifies as a patient under Michigan’s medical marijuana act.