Pubdate: Wed, 1 Apr 2009
Source: Central Michigan Life (Central MI U, MI Edu)
Copyright: 2009 Central Michigan Life
Contact:  http://www.cm-life.com/
Details: http://www.mapinc.org/media/2808
Author: Mike Wayland
Cited: Michigan Medical Marijuana Association 
http://www.michiganmedicalmarijuana.org
Referenced: MDCH application forms http://www.michigan.gov/mmp
Bookmark: http://www.mapinc.org/topic/Michigan+Medical+Marijuana

GRAY AREAS CLOUD LAWS AS APPLICATION DATE LOOMS

Perhaps it's fitting that a 37-year celebration advocating marijuana 
reform will usher in a new era of medicinal marijuana use in Michigan.

This Saturday, the 37th annual Hash Bash will take place at the 
University of Michigan - simultaneously marking the first day 
medicinal use of marijuana in Michigan becomes legitimate after 62.6 
percent of citizens voted 'yes' on Proposal 1 in November.

"I think people are coming to realize that everything in life has 
risks and benefits and this black-and-white way of thinking about 
marijuana has gone out the window," said Greg Francisco, executive 
director of the Michigan Medical Marijuana Association.

Francisco and advocates like him have been waiting for the Michigan 
Department of Community Health to finalize the administrative process 
for citizens to apply for the official state registry.

Applying for the Registry

"What we've been doing is basically building the medical marijuana 
program," said MDCH Spokesman James McCurtis Jr. "We had to put 
together the rules."

The MDCH had 120 days from Dec. 4 to implement the program once 
Proposal 1 was approved.

"Since the bill was passed, we have received a lot of interest into 
the program, as you can only imagine," he said. "A lot of people have 
been calling our offices asking when the program is going to be 
implemented and where they can get their marijuana - all kinds of questions."

McCurtis said on Tuesday the application forms became available at 
www.michigan.gov/mmp

However, no applications sent in will officially be reviewed until 
April 6, because April 4 falls on a Saturday.

To be eligible for the registry ID card, applicants most complete the 
form and procedures on the MDCH's Web site, have a physician certify 
them as a "qualifying patient" and pay an application fee between $35 and $100.

Under the Michigan Medical Marihuana Act, a qualifying patient is "a 
person who has been diagnosed by a physician as having a debilitating 
medical condition."

After the application has been completed and submitted, the MDCH will 
verify the information within 15 days and, if approve,d send the card 
to the patient.

Once the patient receives the card they will "not be subject to 
arrest, prosecution, or penalty in any manner, or denied any right of 
privilege," as long as they possess 2.5 ounces or less and they or 
their caregiver do not have more than 12 plants per patient in "an 
enclosed locked facility."

Hazy Hindrance

However, even if applicants are approved and patients then receive 
their cards, there is still some confusion about how to legally 
acquire the plants and seeds.

"The law says that patients may acquire the seeds in the marijuana, 
the problem is whoever sells it to them is still at risk," Francisco 
said. "Patients can legally buy seeds for clones, there's just no one 
that can legally sell them to them."

Attorney Matthew Abel has built a reputation for himself as an 
advocate for medicinal marijuana and said legality questions over how 
to acquire the seeds for the first time have been plaguing his office.

"I get calls everyday from people asking me 'can I just buy (the 
seeds) through the mail? What's going to happen?,'" the Central 
Michigan University alumnus said. "Until we have some court cases 
that have resolved some of these things I can't give people a 
definitive answer."

Police Enforcement

Police officials say enforcement will be on a case-by-case basis 
working with the prosecutor's office.

"As a qualified caregiver or primary caregiver they are going to be - 
for lack of a better term - they are going to be carded," said 
Inspector Chuck Allen, assistant district commander for the Michigan 
State Police Department 3rd district. "They are going to have the 
rights to grow, although whoever wrote the law forgot to include 
seeds. Reason is going to have to rule."

Allen said the process is going to take a little bit of time to iron 
out and he does not want his department being overzealous.

"Because this is a new law, as always with new laws there is always 
going to be a gray area," he said. "What we've instructed our people 
to do is basically work with their local prosecutors to make sure to 
put in place a (reasonable) protocol."

Bay Area Narcotics Enforcement Team Lt. Amado Arceo said he and 
Isabella County Prosecutor Larry Burdick will be meeting sometime 
this week to go over the county's protocol.

But, both have said it will most likely have to be on a case-by-case 
basis until case law is set.

"It's a tough call because certainly you're going to have to go 
case-by-case. We're going to follow the law is the bottom line," 
Arceo said. "If somebody is not following the law, then we'll have to 
deal with that."

Burdick said that for the first year, everyone will have to get used 
to adjustments in the system.

"There's going to be cases and there's going to be factual disputes 
and court rulings and ultimately the court of appeals is going to 
flush out the law," Burdick said. "They are going to fill in the gray 
areas, and that process is probably going be in the next couple of years." 
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MAP posted-by: Richard Lake