Pubdate: Fri, 8 Apr 2011
Source: Jackson Citizen Patriot (MI)
Copyright: 2011 Jackson Citizen Patriot
Contact: http://www.mlive.com/mailforms/jacitpat/letters/index.ssf
Website: http://www.mlive.com/jackson/
Details: http://www.mapinc.org/media/1190
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)
Bookmark: http://www.mapinc.org/opinion.htm (Opinion)

TIME TO CLEAR HAZE AROUND MEDICAL MARIJUANA

Michigan voters left little doubt in 2008 that they support marijuana 
use for legitimate medical reasons. They said so in a voter 
referendum that passed easily. What they didn't really make clear is 
how medical marijuana should be bought and sold, and a host of other, 
smaller questions.

The result is a lot of confusion in communities throughout the state, 
from the people who enforce the law to those who should be allowed to 
use this drug with some restrictions. State lawmakers need to clear 
away the smoke on this issue.

The problem with the law is its vagueness. It allows the use of 
marijuana with a doctor's blessing but little else. There is no 
guidance in terms of how and where it should be bought and sold. One 
advocate for the law told us in 2008 simply that patients will always 
find a way to get marijuana.

While true, that's an invitation for the sort of confusion we are 
seeing now. Jackson, Summit Township and a host of other communities 
have put a halt to new marijuana dispensaries, where the drug can be 
bought, while lawyers seek out some clarity.

Speaking of lawyers, they are busy on other fronts, too. One criminal 
case, involving an Owosso medical marijuana user who is charged with 
a felony, reportedly is on a track that could lead to the Michigan 
Supreme Court. Other marijuana users have been prosecuted with 
felonies for offenses that stem from mere misunderstanding of the law.

And here's another one: Should a medical marijuana user be prosecuted 
for driving after smoking the drug? In our state, there's no definitive answer.

The medical marijuana law was destined to lead to some odd 
situations. There's still the fact that the drug is illegal at a 
federal level. It wasn't that long ago that federal officials raided 
legitimate clubs for marijuana users in other states.

Still, Michigan has created many of these issues for itself, starting 
with the voter referendum's silence on many questions. The easiest 
and most responsible way to end any doubts, and limit the legal 
cases, is for the Legislature to lay down some rules. Lawmakers could 
start by addressing a few questions:

. How should medical marijuana be bought and sold?

. If Michigan allows dispensaries, should local communities be 
allowed to say where they can and cannot open?

. The law allows users (or "caregivers") to grow limited amounts of 
marijuana. Are regulations on where they grow pot clear enough? What 
should be the penalty for good-faith mistakes?

. Should someone who has smoked pot for medical uses be allowed to drive?

There are some hard-liners in the Legislature who would like nothing 
more than to ban medical marijuana use altogether, but we believe the 
public's wishes must be respected. Michigan residents support use of 
this drug if it can relieve pain and suffering.

What no one has ever spelled out is the details. And as we are 
seeing, that ambiguity will continue to cause problems that will clog 
the courts and take up too much time of city councils and township boards.

Lawmakers have an opportunity to clear away most of these questions 
on medical marijuana. What's stopping them?  
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MAP posted-by: Richard Lake