Pubdate: Thu, 2 Dec 2010
Source: Detroit Free Press (MI)
Copyright: 2010 Detroit Free Press
Contact: http://www.freep.com/article/99999999/opinion04/50926009
Website: http://www.freep.com/
Details: http://www.mapinc.org/media/125
Author: Michael Komorn
Note: Michael Komorn is a Southfield attorney and board member of the 
Michigan Medical Marijuana Association.
Referenced: Michigan's Medical Marijuana Act http://drugsense.org/url/8mvr7sW8
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana
Bookmark: http://www.mapinc.org/topic/dispensaries

STATE SHOULD SET UP DISPENSARY SYSTEM

Since Michigan's Medical Marijuana Act was signed into law in April 
2009, one question has stood out among registered patients interested 
in medical marijuana: Where do I start?

New patients may not know where and how to acquire medical marijuana, 
how to get started growing their own, how to find a caregiver or even 
the various methods of ingestion, of which smoking is rarely used for 
medicinal purposes.

Adding a dispensary-type model, layered on top of the existing 
Michigan Act, could put many of law enforcement's concerns to rest.

 From a legal standpoint, the Michigan act does not speak to 
dispensaries directly. It also does not specify how patients or 
caregivers may acquire or grow marijuana. Instead, it provides 
protection for those assisting patients and caregivers in obtaining 
cannabis. Such transactions provide immunity from arrest and 
prosecution and require charges to be dismissed if it can be 
established that a patient is sick and would benefit from medical marijuana.

This is how the Waterford and Ferndale facilities operated - under 
the protection of and in compliance with the Michigan Medical 
Marijuana Act. Patients were required to show registration cards 
prior to being allowed entrance and limited to purchasing 2.5 ounces 
of medical marijuana, per Michigan law.

Other dispensaries statewide operate under similar parameters, many 
with the approval of local law enforcement and municipalities.

The model nationwide is also proven, showing its effectiveness in 
states like California, Rhode Island and Colorado, the latter of 
which heavily regulates medical marijuana seemingly with approval 
from the federal government. This year, Colorado has collected more 
than $2.2 million in sales tax from dispensaries.

In Michigan and the other states mentioned above, medical marijuana 
is legal. Regardless of federal statutes, registered patients in 
Michigan have a legal right to acquire, use and benefit from medical 
marijuana. Any argument to the contrary or citing of federal law as 
justification for arrests directly violates the 10th Amendment to the 
U.S. Constitution, which states it is unconstitutional for a state to 
use its resources to enforce federal law.

Creating dispensaries in Michigan not only complies with the Michigan 
act, it creates an entirely new business opportunity for the state's 
residents. From vacant real estate to establishing a new taxable 
entity, dispensaries make sense from a financial standpoint.

Enhancing patient and caregiver safety is another benefit of 
dispensaries, creating a secure facility where patients can be 
educated on what works best for their ailment, learn various ways of 
ingestion and not be forced to obtain their medicine in a back room 
or parking lot.

Opponents of dispensaries in this state seem to be opponents of 
medical marijuana in general. How else can one explain the lack of 
desire to provide safe access to reliable, consistent medication for 
patients? Or the mind-set to prevent an incredible business 
opportunity to flourish after more than 60% of voters approved the 
use of marijuana as medication?

State or local ordinances can define dispensaries, establishing a 
precedent in how they may be run, including the amount of usable 
marijuana on site, number of patients allowed in the facility at any 
one time, and security requirements.

The people of Michigan have spoken in favor of medical marijuana. It 
is time to further refine medical marijuana operations without 
changing the protections and intent of the original law.

We in the medical marijuana community continue to ask for a dialogue, 
including working for a consensus on dispensaries, and creating a 
system that benefits all, while keeping patients and caregivers safe. 
Let's stop using law enforcement resources to arrest and prosecute 
patients and focus on establishing an expanded, safer distribution system 
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MAP posted-by: Richard Lake