Pubdate: Thu, 11 Aug 2011 Source: Midland Daily News (MI) Copyright: 2011 Midland Daily News Contact: http://www.ourmidland.com/submissions/?mode=letters Website: http://www.ourmidland.com/ Details: http://www.mapinc.org/media/4293 MEDICAL MARIJUANA LAW LOOPHOLES NEED CLOSING On Nov. 4, 2008, 63 percent of Michigan voters approved the Michigan Medical Marihuana Act. The act, widely interpreted in jurisdictions throughout Michigan, remains a critical point of dispute for growers, caregivers, patients, law enforcement and government officials. The law as written and the law as practiced in day-to-day operations are incompatible. Gaping holes in the legislation have left townships, counties and municipalities to individually develop ordinances and controlling policies for a statewide mandate, while the attorney general is scrambling to clarify a law that he has publicly opposed. Law enforcement officers are forced to try and enforce laws without clear direction about possession, acceptable levels of THC (marijuana's active ingredient) while driving, and grow operations, requiring more time and effort that increasingly cash-strapped departments simply do not have to spare. Lawsuits from frustrated compassion club owners and home-grow operations trying to comply with the law will tax local governments budgets and staff time, as well as add a storm of resulting court opinions and precedents. To add more confusion to the situation, on June 29, the U.S. Department of Justice issued a statement that no marijuana grower or distributor is safe from federal prosecution despite any state law that allows medical marijuana. A new package of at least eight bills set to be introduced into the state House would solve some of these issues, but in other cases seem to go too far and threaten to void the will of the people. Proposed changes include stricter patient physician relationships, zoning guidelines that could reduce dispensaries in the state, cracking down on drivers with marijuana in their system and making it a felony to falsify information by physicians or patients. With doctors able to prescribe painkillers, powerful anti-anxiety medications and amphetamines with a single visit by a patient to an emergency room, urgent care facility or even on a first visit to a new doctor, we aren't clear why it should be different for medical marijuana. Clarifying zoning guidelines for communities (as long as legal businesses are reasonably allowed to operate), establishing reasonable levels of THC for drivers before they are impaired (just as for alcohol), and mandating reasonable punishments for falsely prescribing or applying for a medical marijuana card, are all laudable objectives. Note the repeated use of "reasonable." The intent of voters in 2008 was clear: To allow the use of medical marijuana to those who need it and who are monitored by a physician with a valid prescription. As enacted, the law simply fails to address the many valid concerns of those who must implement the legislation while also maintaining enforcement of state and federal drug laws. Leaving the interpretation of the law to individual governments and agencies is a recipe for even further confusion and conflicting ordinances. And it will not solve the main problem of state law versus federal law. Legislators will be serving their constituents well by dealing with the loopholes in the law, but should be careful that they don't take the job too far and substitute their own opinions for a lawfully rendered vote of the people of Michigan. - --- MAP posted-by: Richard R Smith Jr.