Pubdate: Fri, 22 Apr 2011 Source: Holland Sentinel (MI) Copyright: 2011 GateHouse Media, Inc. Contact: http://extra.hollandsentinel.com/submitletter.shtml Website: http://www.hollandsentinel.com Details: http://www.mapinc.org/media/1145 Author: Kurt Volbeda Note: Kurt Volbeda of Holland is director of the Be Leaf Compassionate Community. Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan) DENYING ACCESS TO MEDICAL MARIJUANA DENIES A BASIC HUMAN RIGHT Holland, MI - Voters passed the Michigan Medical Marijuana Act (MMMA) in 2008, a citizen-initiated ballot initiative, by a wide margin. It took a bottom-up movement because change isn't coming from the top down. An overarching governmental system continues to unjustly deprive ill persons safe access to an herbal medicine verified by science as being efficacious in treating a variety of ailments with low side effects. If it were any other medicine, everyone would be outraged and protest. Actively depriving someone access to a drug that can improve their health may not rise to the level of crime but it's certainly a grave violation of a foundational human medical right. However, when it comes to this medicine, a widely embraced medical right gets thrown onto the garbage heap. The federal government not only continues to deny access to it but also sometimes punishes those who privately use it for their well-being by stiff fines and imprisonment, even if such a person were dying. Appallingly, officials at all levels of government, in the judicial system and in law enforcement feel no responsibility or guilt whatsoever as they participate in the overarching system that perpetuates this violation of a key human right by depriving persons safe access to this medicine. Therefore, a unique grass-roots movement has remained the only viable means by which to overthrow this entrenched injustice. Only as this movement gains support from the bottom up will things change. It's true that when voters passed the MMMA, its language didn't clarify that dispensaries would eventually emerge, to date around 150 of them. But that's not the main point to consider when judging the emergence of such services. The MMMA doesn't resolve all obstacles qualifying patients must overcome. Among the MMMA's flaws - which the Legislature must fix as soon as possible - is the inability of many patients to gain immediate, dependable access to this medicine. Because of supply problems, pressure for a supplementary source for this medicine has built up. I can't go into details of the legal foundation in the MMMA that justifies opening a dispensary. But the current law allows for an interpretation that at least one type of dispensary is indeed lawful, and one Michigan circuit court judge has so far agreed . To be sure, the aggressive county prosecutor who filed criminal charges against owners of such a service organization has appealed the Isabella County judge's decision. Yet it may take years for such cases to be resolved or for the Legislature to act in clarifying the law, continuing the outrageous violation of a basic human rights. There's another point to consider. Neither the aggressive county prosecutor mentioned above nor state lawmakers at the forefront of initiating reform of the current law have an agenda to outright ban dispensaries. Instead, they want to regulate them. Therefore, later or sooner, they will be unambiguously lawful. Sooner is far more just, wouldn't you agree? We have proposed a tightly regulated and monitored system for dispensaries that seeks to correct - now -t he shameful denial of a basic human right by offering a supplementary source for this medicine, among other crucial services. But some officials argue this should wait until Michigan's Supreme Court or the Legislature acts. Really? More of the same, more top down? Our broken state law has been on the books since 2008. And they want patients to wait who knows how long? Anyone who participates in the current unjust overarching system - or fails to challenge it, including The Sentinel's editorial board, ("Miss: Medical Marijuana Protest," April 16) - ought to search their conscience and ask themselves, "Am I, in whatever small or large way, partly contributing to the unjust violation of a foundational human right?" Will you please join the bottom-up movement - now? We do agree with one thing The Sentinel editorial stated: " ... in our view it's legitimate for local governments to make their own rules regulating dispensaries." That's right, they ought to be allowed, regulated and monitored by our city, as we have proposed. - --- MAP posted-by: Richard Lake