Pubdate: Tue, 03 Dec 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
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)
Bookmark: http://www.mapinc.org/pot.htm (Marijuana)
Bookmark: http://www.mapinc.org/find?168 (Lewis, Peter)

WHY DOES BILL SCHUETTE HATE SICK PEOPLE?

The very first time I started reporting for the Higher Ground column 
in 2009, marijuana activists were outspoken about their opposition to 
Bill Schuette, then a candidate for state attorney general. Schuette 
won -- and has carried on a vendetta against patients, caregivers and 
dispensaries operating under the Michigan Medical Marijuana Act.

I've heard lots of horror stories from folks paranoid about the 
potential harm a candidate could do, once in office. I'd be 
hard-pressed to name a candidate who turned out to be as bad as the 
opposition imagined in the way that Schuette has. He, along with the 
likes of Oakland County Sheriff Mike Bouchard and Prosecutor Jessica 
Cooper, has pressed for the most conservative, restrictive 
interpretations of the law possible.

Sometimes the courts have blocked that agenda, but mostly they have 
gone along with Schuette, a former state Supreme Court justice who 
led the opposition to the MMMA before voters voted in its favor. 
However, rather than bow to the will of the people, Schuette has 
fought voters tooth and nail.

Then there are states like Ohio, where the legislature decriminalized 
possession of as much as 100 grams (about 3-1/2 ounces) of marijuana, 
making it a minor misdemeanor, punishable by a fine, in 2012. This 
lessened penalties even more than a 1975 decriminalization law. In 
Ohio, there is no backlash against the relaxed marijuana law like 
there is in Michigan. At least, that is the observation of Charmie 
Gholson, who formerly worked for Law Enforcement Against Prohibition 
and now consults with folks from other states regarding strategies 
for drug policy reform.

"In Ohio, there is no Bill Schuette, no Sheriff Bouchard," says 
Gholson, who lives in the Ann Arbor area. "It's very strange for me 
and compelling to see what we've accomplished here, in Michigan, 
under this duress -- against people with unlimited resources and 
access to the media ... Here, we're fighting for our lives every 
minute of every day. In Ohio, they have a supportive legislature."

I guess it means that when the legislature speaks, law enforcement 
listens. As opposed to, say, in Michigan, where, when the people 
speak, politicians try to get around their will with legal 
technicalities about being in compliance with the MMMA.

The Michigan Municipal League was also a leader in fighting against 
the MMMA. In meetings shortly after the law was passed, members were 
introduced to a strategy of stalling, legal technicalities, local 
zoning laws, claiming superiority over national laws, working test 
cases up through the courts and more. Grand Rapids city attorney 
Catherine Mish played a big part in that too.

"I watched that unfold," says Gholson. "They have destroyed lives 
along the way."

Lives such as those of Sal and Barb Agro. In 2010, the Agros were 
patients and caregivers under the MMMA. Barb worked at the front desk 
at the Clinical Relief dispensary, owned by her sons, in Ferndale. 
Ferndale had granted the permit for Clinical Relief to operate and 
police had inspected the facility, giving it the OK. Then Oakland 
County sheriffs, using marijuana registry cards they counterfeited, 
made buys at the facility. They came back and busted the place. Later 
the same day, they raided the Agro home where family members believed 
they were growing medical marijuana legally.

They were busted and charged with possession and manufacturing an 
illegal substance. Sal, 67, died from a heart attack about a week 
after his arrest; Barb, now 70, was not allowed to use the MMMA 
affirmative defense at her trial because the front door was not 
locked at the time of the raid on her home. Under the MMMA, all 
marijuana gardens must be locked and secure. Law enforcement claimed 
that since the door was not locked, the Agros were not in compliance 
with the MMMA and therefore couldn't mention it at the trial -- even 
though some jurors asked if this was a medical marijuana case. Barb 
was found guilty at trial; then not guilty on appeal when she was 
allowed to use the affirmative defense. She and her sons are still 
tied up in the continuing case against Clinical Relief.

Just as despicable is the recent case of Maria and Steve Green, 
certified marijuana patients and caregivers. Steve uses marijuana to 
ease his epileptic seizures and Maria has multiple sclerosis. In 
September, their 6-month-old daughter, Bree, was removed from their 
home by the state Child Protective Services. Maria says that a 
referee from CPS first claimed Bree was in danger because the 
presence of marijuana made their home a target of possible robbers. 
There were claims that Bree's hair tested positive for trace amounts 
of THC. There were pending charges for growing in Oakland County that 
never went anywhere because Maria is a caretaker. After an 
out-of-court agreement that includes the Greens attending parenting 
classes, Bree was returned to her parents. All it took was six weeks 
of torturing the family for no apparent reason.

"The attacks are pretty consistent," Gholson says, who was shocked to 
go into Ohio and find out medical marijuana proponents are not under 
attack. "Schuette unified our movement. He has brought people who 
don't care about marijuana on any level, but who do care about 
freedom and democracy, to our side."

I guess that's a different kind of backlash.

Uruguay's Way

Things seem to be moving forward with Uruguay's bid to become the 
first nation to legalize marijuana. The nation is waiting for the 
Senate to pass the legalization bill that has already passed in the 
lower house of the General Assembly.

That is expected to happen in a couple of weeks. There is no 
significant opposition to the bill. In the meantime, rules are being 
set up. Individuals will be able to grow as many as six plants in 
their homes. Pharmacies will sell marijuana for $1 a gram, 
undercutting the $1.40-gram price on the black market. In contrast, 
according to priceofweed.com, marijuana in Michigan is going from 
about $11 to $18 a gram. After joining a marijuana registry, 
Uruguayans will be allowed to buy up to 40 grams per month.

A Friend Passes

Billionaire philanthropist Peter Lewis died Nov. 23; he was 80 years 
old. Lewis was CEO of the Ohio-based Progressive Insurance Company 
for more than 40 years. He put his money behind many, uh, progressive 
causes, including marijuana legalization. Lewis used marijuana to 
manage pain after a partial leg amputation. Since the 1980s, Lewis 
donated an estimated $40 million to $60 million for marijuana 
legalization causes. He donated $3 million to the Marijuana Policy 
Project, and $7 million to the American Civil Liberties Union's drug 
litigation task force.

The marijuana movement has made great strides in recent years in 
large part because of Lewis' generous backing. Now it will be 
hard-pressed to replace the kinds of funds he provided. Lewis was an 
inspirational figure to marijuana legalization activists everywhere 
and will be sorely missed.
- ---
MAP posted-by: Jay Bergstrom