Pubdate: Sat, 6 Dec 2008
Source: Ludington Daily News (MI)
Contact: http://www.ludingtondailynews.com/forms/publet.html
Copyright: 2008 Shoreline Media, Inc.
Website: http://www.ludingtondailynews.com/
Details: http://www.mapinc.org/media/4875
Bookmark: http://www.mapinc.org/topic/Michigan+Department+of+Community+Health
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

Prosecutor-Elect:

NEW MARIJUANA LAW TO BE HANDLED ON CASE-BY-CASE BASIS

Effects of the use of medical marijuana remain to be seen in Mason County.

Voters in Michigan approved Proposal 1 in November, which gives the 
Michigan Department of Health the duty to issue registry ID cards to 
qualifying patients. A registered qualifying patient or primary 
caregiver may possess 2.5 ounces of marijuana for medical use, and 
can cultivate 12 plants, kept in a locked facility. The law 
specifically bars arrest, prosecution, criminal or civil penalty, 
disciplinary action, and bars seizure or forfeiture of medical use 
marijuana, according to Qualifyingpatient.com, a site that calls 
itself a legal help desk for the Michigan Marijuana Act.

Some of the debilitating medical conditions specified in the statute 
include cancer, glaucoma, positive HIV, AIDS and Hepatitis C.

At Memorial Medical Center, Bill Kerans, public relations 
coordinator, said he hasn't heard of any discussions with anyone at 
the hospital about it or of any doctors who may recommend marijuana usage.

He says the law is in its very early stages of implementation and the 
hospital will need to prepare new implementation plans.

"We will need to plan to develop standards and policies as part of 
compliance with the new law," he said.

Kerans said Memorial Medical Center will want to study the law's 
regulations, which don't have to be completed until April 4, so that 
they are consistant with state guidelines. There have been no issues 
that have arisen in the hospital concerning the new law, Kerans said.

"There have been no requests from patients, physicians or staff 
concerning medical marijuana," Kerans said.

"Obviously this is going to be a big issue and more will be 
developing as time goes along."

Mason County Prosecutor Susan Kasley Sniegowski said she doesn't 
expect to be handling any cases regarding medical marijuana in her 
last few weeks as prosecutor. She said it may be something that will 
be used as a defense for people being prosecuted for marijuana use.

Prosecutor-elect Paul Spaniola said after he takes office in January 
medical marijuana cases will be considered on a case-by-case basis.

"If the suspect has a bona fide diagnosis from a licensed physician 
which would make him eligible under the medical marijuana law, we 
would have to seriously consider the extent which he has complied 
with the medical marijuana law in the decision whether to prosecute," 
he said. "The medical community will act as a buffer in deciding whom 
will be entitled to use or possess marijuana under this law."

Spaniola said he doesn't believe that the medical community will give 
permission for marijuana use lightly.

"If there is not a bona fide diagnosis and the suspect merely says 
that he has a qualifying disorder, that will not be sufficient." 
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MAP posted-by: Richard Lake