Pubdate: Thu, 4 Jun 2009
Source: Holland Sentinel (MI)
Copyright: 2009 GateHouse Media, Inc.
Contact: http://extra.hollandsentinel.com/submitletter.shtml
Website: http://www.hollandsentinel.com
Details: http://www.mapinc.org/media/1145
Referenced: Initiated Law 1 of 2008 http://micares.org/
Bookmark: http://www.mapinc.org/opinion.htm (Opinion)
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

BETTER RULES NEEDED FOR MEDICAL MARIJUANA

We feel Michigan voters made a mistake in November when they approved 
Proposal 1, the medical marijuana initiative. Doctors questioned the 
need for pot to reduce pain and nausea, while the law-enforcement 
community raised serious concerns about the potential abuse and 
diversion of legally grown "medical" marijuana.

Now that it's law, it's clear that the initiative was poorly written 
and left many legal questions unanswered. State Sen. Wayne Kuipers, 
R-Holland, recently introduced legislation he says better regulates 
the distribution and use of marijuana for medical purposes. We 
believe that while the Kuipers bill may not be exactly the right 
answer, it should spur debate on how to fix the existing law.

As it stands, the law allows qualified patients and caregivers with a 
doctor's recommendation and a state-issued identification card to 
grow their own marijuana for medical use. However, it makes no 
provision for those who cannot or prefer not to grow their own 
marijuana. It doesn't even describe how patients can legally obtain 
marijuana seeds. Media reports cite other legal questions raised both 
by law enforcement and potential users since the initiative was 
approved, including who defines what constitutes the secure location 
the law says must be used for growing.

Kuipers' bill would classify marijuana as a regulated narcotic, 
available through pharmacists with a doctor's prescription. It would 
also license up to 10 growers to raise marijuana for medical use and 
establish penalties for violation of the law. Medical marijuana 
proponents say the prescription requirement would effectively kill 
the initiative, since federal law bars doctors from prescribing the 
substance. That conundrum is one example of the inherent problems 
that come when a state attempts to legalize a substance, if only for 
a limited use, that remains illegal under federal statutes.

The initiative may have been flawed, but medical marijuana is now the 
law in Michigan and the question now is how best to implement the 
will of the people.  The Legislature should address the questions 
raised both by law enforcement and by potential medical marijuana 
patients and minimize the potential for abuse. Sen. Kuipers' bill is 
a good way to start the discussion. 
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MAP posted-by: Richard Lake