Pubdate: Thu, 4 Dec 2008
Source: Muskegon Chronicle, The (MI)
Copyright: 2008 The Muskegon Chronicle
Contact: http://www.mlive.com/mailforms/muchronicle/letters/index.ssf
Website: http://www.mlive.com/chronicle
Details: http://www.mapinc.org/media/1605
Author: John S. Hausman, The Muskegon Chronicle
Referenced: The Michigan Medical Marijuana Act 
http://stoparrestingpatients.org/initiative
Cited: Michigan Department of Community Health 
http://www.michigan.gov/documents/mdch/Proposal_1_QandA_255299_7.pdf
Cited: Muskegon County Sheriff http://www.muskegonsheriff.com/
Cited: Michigan Sheriffs Association http://www.michigansheriff.com/
Cited: Muskegon Police http://www.muskegonpolice.com/welcome/default.asp
Cited: Prosecuting Attorneys Coordinating Council 
http://www.michiganprosecutor.org/
Bookmark: http://www.mapinc.org/topic/Michigan+Coalition+for+Compassionate+Care
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

MEDICAL POT LEGAL TODAY ... BUT NOT REALLY

Is medical marijuana legal in Michigan today?

Well, kinda ... but kinda not. Don't light up just yet.

While the law approved by voters Nov. 4 took effect today 
((Thursday)), no one can start smoking -- at least legally -- until 
spring, the deadline for the Michigan Department of Community Health 
to develop administrative rules. Even then, patients with a 
qualifying illness would need a doctor's permission and certification 
by the state to partake.

In November, voters overwhelmingly approved the question of whether 
seriously ill patients should be able to possess marijuana. Michigan 
became the 13th state to legalize medical marijuana.

But it has raised questions for patients, police and prosecutors -- 
with courts possibly asked to provide the answers. It was one of the 
concerns when area police chiefs announced strong opposition just 
before the vote.

"We're just not sure how it's going to shake out," said Muskegon 
County Sheriff Dean Roesler. "The proposal was pretty unclear in 
terms of how and what can be used.

"Everybody's in limbo, hoping the Department of Community Health will 
come up with rules." Roesler said statewide law-enforcement groups 
such as the Michigan Sheriffs Association are expected to develop 
some kind of enforcement policy that gibes with the health department's rules.

"I think there's going to be a lot of confusion on the part of people 
thinking that marijuana is now legal," Roesler said.

It isn't, at least in the eyes of law enforcement, the sheriff said.

"It's going to be business as usual until we're told different on how 
to handle it," Roesler said. "It's going to be a learning curve for everybody."

For instance, lawmakers previously outlawed drivers having any level 
of illegal drugs in their systems. What happens if a legal marijuana 
user drives and gets in a crash a couple of days after smoking the drug?

"If it's determined people have marijuana in their system, criminal 
law now says zero (is the only acceptable level), no exceptions," 
Roesler said. "So the Legislature has a lot of work to do."

Another issue for sheriffs is jail policy.

"One of the dilemmas I have is, what if a person gets booked into the 
jail that's on medical marijuana?" Roesler said. "That's a smoke-free 
facility to start with, and certainly we have rules about contraband 
in the facility."

Other issues the sheriff sees: Under Michigan law, there's still no 
legal way to acquire marijuana, or even seeds to grow your own. 
"Who's going to be the authorized suppliers? Who's going to monitor 
them?" Roesler said.

Muskegon Police Chief Tony Kleibecker also said his department is 
continuing drug enforcement as it always has. "All the chiefs across 
the state are waiting for more information," Kleibecker said. "From 
our standpoint, nothing changes (today)."

Allegan County Prosecutor Fred Anderson said: "There's a conflict 
there, and we're not sure how it's going to be sorted out."

Anderson said prosecutors statewide -- along with the Prosecuting 
Attorneys Coordinating Council -- are studying the issue. They expect 
to hold training sessions before people legally can light up.

"I don't know if anyone has any expectations as to how this is going 
to go," Anderson said.

Muskegon's hospital network, Mercy Health Partners, also is waiting 
to see what happens next spring. "It's not like somebody can use at 
this point," said Mercy spokeswoman Anita Varela. "Anyway, it looks 
like a bugaboo from the standpoint of where the patient's going to get it."

Some have questioned the referendum's wording, and McCurtis said 
legal fights are expected.

"We don't know what's going to happen. It will be up to law 
enforcement to charge a person, up to county and state prosecutors to 
charge the person, and try it in court, to answer the unanswered 
questions the law has."

Despite her support for legalized medical marijuana, Debra 
Negen-Brink, a cancer survivor and registered nurse in Grand Rapids, 
has concerns about the new law.

Where would a senior citizen get the drug? How could a debilitated 
person be expected to cultivate his own plants or obtain seeds just 
to get started?

Brink, 50, with children in high school and college, wouldn't think 
of asking them to score her weed. She doubted the elderly would turn 
to adult children or grandchildren, either.

"It should have been dispensed in little joints in a jar," Brink, who 
does not use marijuana, said Tuesday.

"So we would know what the quality is, and have some regulation. You 
have to obtain it illegally. Once you get it, it's fine."

Brink used marijuana in 1979 while undergoing chemotherapy for 
leukemia. It proved a godsend, she said. Nothing else worked to stop 
her from vomiting every 15 minutes for hours on end.

She publicly backed the effort by Michigan Coalition for 
Compassionate Care to allow medical marijuana. 
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MAP posted-by: Richard Lake