Pubdate: Mon, 21 Mar 2011 Source: Bay City Times, The (MI) Copyright: 2011 The Bay City Times Contact: http://www.mlive.com/mailforms/bctimes/letters/index.ssf/ Website: http://www.mlive.com/bay-city/ Details: http://www.mapinc.org/media/1453 Author: LaNia Coleman, The Bay City Times Referenced: Michigan Medical Marijuana Act http://drugsense.org/url/8mvr7sW8 Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan) Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal) BAY COUNTY LEGAL COMMUNITY AT ODDS OVER MEDICAL MARIJUANA BAY CITY - A Bay City attorney is mounting a series of challenges that he hopes will block state court judges from prohibiting the use of medical marijuana. Edward M. Czuprynski has filed motions in circuit courts in Bay, Midland and Tuscola counties, asking judges to reconsider their decisions to forbid three of Czuprynski's clients from using medical marijuana. The motions call into question a growing practice of prohibiting probationers from using medical marijuana. It's a practice that has the legal community squaring off over a variety of issues, including addiction and rehabilitation, marijuana as a legitimate treatment option, judicial authority and the legislative rights of voters. In challenging the judges' orders, Czuprynski cited a section of the law that protects medical marijuana users from "arrest, prosecution, or penalty in any manner, or (denial of) any right or privilege." "It's right in the law," said Czuprynski. "It cannot be used against a person in any way." So far, Tuscola County Circuit Judge Patrick R. Joslyn has granted Czuprynski's request. Motions are pending before Bay County Circuit Judge Kenneth W. Schmidt and Midland County Circuit Judge Jonathan E. Lauderbach. The legality of medical marijuana is not the issue, Schmidt said. "In probation orders, we can prohibit a lot of things that are not illegal, per se," he said, noting that alcohol is often prohibited. But alcohol, Czuprynski argues, is not used to treat medical conditions. "How is (medical marijuana) different than, say, Vicodin?" Czuprynski asked. The Case for Prohibition Bay County Circuit Judge Joseph K. Sheeran said he's helping, not punishing, when he prohibits medical marijuana use. "It is their right under the law, I acknowledge that," said Sheeran. "But, generally, I don't believe people on probation should be smoking marijuana." As a standard condition of probation, Sheeran orders people not to violate any law of any jurisdiction. That includes the federal law that makes marijuana illegal. "About 95 percent of the people I have on probation have addictions," Sheeran said of his motives. "We're trying to guide them along a different path and, ultimately, (medical marijuana) is just not helpful." That guidance often includes court-imposed rehabilitation that is supervised and often funded by the state, said Sheeran. "It doesn't make sense to order substance abuse treatment then allow someone to use marijuana," he said. Bay City attorney Paul Beggs agrees. He said the judges who prohibit marijuana use have the best interest of the defendants at heart. "It is a condition of probation that people reform," said Beggs. "For many probationers, (medical marijuana use) is masking some underlying symptom that needs to be addressed. Many have addictive personalities." Beggs also illuminated a common belief that the Medical Marihuana Law drew thousands of drug abusers, with fabricated or exaggerated medical complaints, out of the woodwork in search of a legal loophole. "The use and misuse of medical marijuana is rampant," said Beggs. Bay County Circuit Judge Harry P. Gill shares that opinion. "Just because you have the card, doesn't mean you have the need," said Gill. "We're not going to use probation to cause people to suffer needlessly. If people have medical documentation from credible medical sources, we'll consider it. But if it's a sham, we won't allow it." Patients or Potheads Attorney Matthew R. Abel, founder of the Detroit law office Cannabis Counsel and member of the National Organization for the Reform of Marijuana Laws, said that's not a judge's call to make. "Unless a judge also has a medical degree, it is our position that the courts should not be determining what medication people can and cannot take," Abel said. "There is a lot of push back from the good old boy network. They just don't want people smoking marijuana." Bay City attorney Stevens J. Jacobs says the judges are driven by a distorted view of who uses medical marijuana. "Many (judges) are of the opinion that people obtain medical marijuana cards so they can legally sidestep the law," Jacobs said. "There are honest people who have medical problems where traditional medicines do not alleviate the pain that they are going through. The medical marijuana actually fulfills a legitimate purpose." Gill and Sheeran aren't convinced, and they say the ease with which users can obtain medical marijuana certification supports their concerns. "It's important to note that no one gets a prescription for marijuana," Sheeran said. "It's a certification that they meet the criteria. For $200, there are doctors who will certify that you meet the requirements. And the criteria are rather odd." The criteria encompass a range of conditions from life-threatening illnesses to upset stomachs, said Sheeran. According to Mark Gwizdala, owner of Patient Caregiver Services, a medical marijuana dispensary at 211 Salzburg Ave. in Bay City, the criteria are broad because marijuana is effective in treating a wide range of conditions. "The general public doesn't fully understand or appreciate that," Gwizdala said. "There is a big stigma. Most people don't make a distinction between medical marijuana users and potheads." Czuprynski has said that if the local judges deny his motions, he will appeal to a higher court. As of Feb. 25, the state Department of Community Health had processed 105,274 original and renewal applications for medical marijuana use and issued 59,950 patient registrations, state records show. - --- MAP posted-by: Richard Lake