Pubdate: Mon, 6 Sep 2010
Source: Detroit News (MI)
Copyright: 2010 The Detroit News
Contact: http://detnews.com/article/99999999/INFO/71011004
Website: http://detnews.com/
Details: http://www.mapinc.org/media/126
Referenced: Michigan's law http://drugsense.org/url/8mvr7sW8
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

MORE GUIDANCE NEEDED ON MEDICAL POT LAW

Both Oakland Sheriff Michael Bouchard and a board member for the 
Michigan Medical Marijuana Association are asking state lawmakers for 
a clarification of state marijuana law. Confusion among users and 
differing approaches by cities and law enforcers indicate the need 
for clarity in the law.

The issue came to the fore in recent days with a raid by the Oakland 
Sheriff's Department on marijuana dispensaries in Waterford Township 
and Ferndale. Sheriff's investigators say store owners were selling 
marijuana to people without proper medical authorization and serving 
as sites for people to sell marijuana to each other. The officers 
also made raids on individual homes.

One district judge made refraining from marijuana use, even for 
medical use, a condition of granting bail to defendants in the raids.

People operating the stores or dispensaries deny the charges and say 
they sold only to people who had state authorized cards exempting 
them from state laws restricting the use of marijuana.

In 2008 voters approved an initiative that allows patients to use 
marijuana for relief of "debilitating medical conditions" if they 
have a prescription from a doctor and a card identifying them issued 
by the state Department of Community Health. Each patient could have 
one "caregiver," or marijuana supplier, who is allowed to have no 
more than five patients.

The law does not discuss the issue of dispensaries or set up rules on 
how they should operate.

Michael Komorn, an attorney and board member of the Michigan Medical 
Marijuana Association, decried the raids, which he said were carried 
out in a paramilitary manner, were unnecessarily harsh and treated 
patients suffering from medical conditions badly.

Komorn said medical marijuana users are "looking for guidance" and 
want to talk to authorities to determine how they can legally use the 
substance. Bouchard said the Legislature needs to flesh out the 
initiative and create a licensing system for dispensaries. Some 
operations have gone "far afield" from the intent of the 2008 
initiative, he said.

Komorn noted that amending the medical marijuana law could be 
difficult, since, as an initiated act, it would take a vote of 
three-fourths of the members of the Legislature to amend it.

Perhaps for this reason, a number of bills that would create 
licensing requirements and dispensaries have been stalled in Lansing.

Still, both Bouchard and Komorn are right. Both users and law 
enforcement officials need more guidance on how the state's medical 
marijuana law should be applied.

The medical marijuana shouldn't be allowed to be used as a ruse for 
general marijuana use, nor should people who are trying to 
conscientiously follow the law and use it as a medical treatment be 
subjected to undue harassment.

The regulations should be made clearer and easier to apply in an 
even-handed manner. The voters, in adopting the initiative, have made 
their wishes clear. Lawmakers should find a way to make the initiative work. 
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MAP posted-by: Richard Lake