Pubdate: Wed, 17 Apr 2013
Source: Metro Times (Detroit, MI)
Column: Higher Ground
Copyright: 2013 C.E.G.W./Times-Shamrock
Contact:  http://www.metrotimes.com
Details: http://www.mapinc.org/media/1381
Author: Larry Gabriel

THE MARIJUANA TWO-STEP

The 42nd Annual Hash Bash in Ann Arbor

The 42nd Annual Hash Bash in Ann Arbor was the highlight of a flurry 
of activities around marijuana the past few weeks. A reported 3,000 
people were at the University of Michigan Quadrangle for the Bash - 
part pep rally, part political effort and part toke-down.

State Rep. Jeff Irwin, D-Ann Arbor, was one of many speakers at the 
well-organized and well-run event, which included local and national 
activists. Mason Tyvert, who works for the Washington, D.C.-based 
Marijuana Policy Project, and who headed up the legalization campaign 
team in Colorado, spoke; other speakers included National 
Organization for the Reform of Marijuana Laws founder Keith Stroup 
and seed geneticist D.J. Short.

Irwin got the crowd cheering when he said, "I believe we should 
legalize marijuana. ... The good news today, on the 42nd anniversary 
of Hash Bash, is we're winning. We're winning the battle against 
marijuana prohibition."

He cited electoral victories for legalization in Washington state and 
Colorado as evidence of the changing tide. Then he talked about how 
activist involvement had made a difference in softening some of the 
more draconian measures in bills passed by the Michigan state 
Legislature last December regarding medical marijuana, adding that he 
would introduce a decriminalization bill in the state Legislature. 
Irwin asked for help in pressing other legislators to support 
decriminalization.

"We're going to end the drug war," Irwin said. "We're going to 
legalize marijuana here in Michigan. The amount of blood and treasure 
that we've spilled in this failed drug war are an embarrassment to 
our country."

The Hash Bash came on the heels of a Pew Research Center poll showing 
that 52 percent of Americans believe marijuana should be legalized. 
Speaker after speaker referenced the poll that, for the first time, 
showed a simple majority in favor of legalization. In the past, polls 
have shown a plurality of Americans in support of legalization but 
never a majority.

"It smells like freedom," said Tyvert. "This is not just the tipping 
point; this is the tip of the iceberg."

No fool's day: Things aren't quite so friendly for the herb in the 
Michigan state Legislature, where folks still seem to look at 
certified medical marijuana patients as possibly criminal. Bills 
passed in December 2012, which went into effect April 1, 2013, put 
strictures on medical marijuana in Michigan. HB4856 stipulates that 
marijuana transported in vehicles has to be in a container in the 
trunk. If the vehicle has no trunk, then marijuana must be "enclosed 
in a case that is not readily accessible from the interior of the 
vehicle." That seems to follow the model of alcohol law, which 
prohibits open containers inside cars; however it doesn't seem to 
regard marijuana as medicine because I don't know of any laws 
forbidding carrying any kind of medicine inside a car.

That thinking seems to follow the same path with HB4851, which 
requires doctors who recommend marijuana use to establish a "bona 
fide physician-patient relationship" that involves reviewing patient 
records. This is all well and good, except it seems as if it's more a 
view that medical marijuana patients are criminal.

Its (unstated) aim seems to be restricting access to patients seeking 
cannabis as a medical solution. For instance, in last week's Higher 
Ground column, I discussed a medical marijuana patient who was 
addicted to painkillers. His pain management doctor knew nothing 
about marijuana and would not recommend it for him. The patient found 
another doctor who would. He then got off the prescribed opiates he 
was addicted to. He went back to his pain doctor and showed that he 
was off the drugs. Now, the doctor understands that marijuana can be 
useful. Still, with little training or understanding of marijuana, 
and legal issues remaining unsettled, many doctors are loath to recommend it.

A couple of years ago I reported about an HIV doctor who had been 
recommending marijuana for patients. After State Attorney General 
Bill Schuette said that federal law trumped state law, the doctor 
stopped recommending marijuana for fear of prosecution. In another 
case, a patient who had previously been recommended to use medicinal 
cannabis went back to his doctor for recertification. The doctor 
wouldn't do it because he had been told that if he recommended 
marijuana to his patients he could no longer work at that clinic.

Doctors are being ostensibly pressured to eschew a course of 
treatment for fear of retribution should they prescribe - or even 
recommend - a substance that is purportedly "legal."

There currently exists a punitive atmosphere toward physicians who 
choose a "legal" medical protocol, which effectively places undue 
hardships on patients who may be forced to "shop" for doctors who are 
even open to the idea that marijuana is a useful therapy.

Another part of the same bill allows outdoor grows. However, the 
garden must be enclosed on all sides and not visible to the unaided 
eye. The enclosure must be locked and anchored to the ground. Anyone 
planning to grow marijuana should be warned to take a close look at 
the law - as there are specific materials required for use in making 
the enclosures.

April 1 was actually a good day in Rhode Island: A law that was 
passed last year decriminalizing possession of as much as 1 ounce of 
marijuana went into effect. The law, first introduced in 2010, makes 
possession a civil offense punishable by a $150 fine.

Getting spacey with time: We all know that time is relative, and that 
marijuana users' time perception may get a little rubbery while under 
the influence. It seems like the federal government has fallen into 
that time-vortex when it comes to having anything to say about last 
November's legalization votes in Colorado and Washington.

U.S. Attorney General Eric Holder has said at least a few times since 
late in 2012 that the Obama administration would "soon" have 
something to say on the subject. Last month, Holder said the 
administration was "still considering" its response. I'm wondering 
what "soon" means to those folks. Maybe they've inhaled and don't 
realize that it's been five months since the historic votes. On the 
other hand, they have been busy with the fiscal cliff and the 
sequester - not to mention North Korea threatening to toss a nuclear 
weapon at its neighbor. So maybe we just have to hold our breath a 
little longer. As the old western swing song says, "Anytime you're 
thinking 'bout me. That's the time I'll be thinkin' of you." ... 
Anytime, Mr. Holder.

We may not have to wait for him. Last Friday, rumors began 
circulating about a proposed bipartisan bill in Congress that would 
protect marijuana users and businesses from federal laws as long as 
they are compliant with state laws. Like I said, anytime.

They really meant it: Meanwhile, things seem to be moving along in 
the legalized states. That is if you consider the 25 percent tax in 
Washington state and the 38 percent tax they're considering in 
Colorado (in the Denver area) to be moving along. They must have 
really meant it when they said they wanted to "tax and regulate" the 
substance. Then again, the Colorado law allows folks to grow their 
own in an "enclosed, locked space." Am I having deja vu here?
- ---
MAP posted-by: Jay Bergstrom