Pubdate: Fri, 17 Sep 2010
Source: Traverse City Record-Eagle (MI)
Copyright: 2010 The Traverse City Record-Eagle
Contact: http://www.record-eagle.com/opinion/local_story_128175513.html
Website: http://www.record-eagle.com/
Details: http://www.mapinc.org/media/1336
Bookmark: http://www.mapinc.org/opinion.htm (Opinion)
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)

MEDICAL-MARIJUANA LAW NEEDS SOME TWEAKING

A Michigan Appeals Court judge rightly has alerted state lawmakers 
that the state's medical-marijuana law is a "complex maze" that needs 
to be codified in order to protect people who legally can use the 
drug but still may run afoul of varying interpretations.

Judge Peter O'Connell was part of a three-judge panel that affirmed a 
lower-court decision to reinstate drug charges against two people in 
Oakland County. Although their doctor had said they would benefit 
from medical marijuana, they were caught with marijuana plants before 
registering with the state.

According to an Associated Press story, O'Connell, in an unsual 
30-page concurring opinion, said prosecutors, defense lawyers and 
police were unsure of how to follow the law. He also said the law, 
passed overwhelmingly by voters in 2008, was "inartfully drafted," 
and some sections clash with other Michigan laws. It also lacks clear 
authority for doctors, people who want to use marijuana and 
businesses that want to dispense the drug, he said.

Marijuana users "who proceed without due caution" could "lose both 
their property and their liberty" because the law is unclear.

O'Connell said it is up to state lawmakers and administrative 
officials to clear up conflicts with federal and other state laws, 
and create clear rules for its enforcement. Laws passed by the 
Legislature usually are researched by staff for clarity, legality and 
how they compare with existing law. Ballot initiatives such as the 
medical-marijuana act often don't get that kind of needed scrutiny.

"Our legislative and administrative officials must make a choice: 
They can either clarify the law with legislative refinements and a 
comprehensive set of administrative rules, or they can do nothing," 
O'Connell wrote. "In this situation, no decision is, in fact, a 
decision to do nothing."

The lack of precedent was apparent as Traverse City worked to adopt 
an ordinance regulating land-use issues tied to the act. A committee 
that included medical marijuana patients and caregivers, the city 
planner and the city attorney had to make decisions about where 
marijuana cultivation and distribution was appropriate.

The Michigan Medical Marijuana act allows patients to possess up to 
2.5 ounces of marijuana and 12 plants, and designated caregivers to 
grow and distribute plants to up to five patients. That could mean as 
many as 72 marijuana plants in a single-family home.

It became clear there were few guidelines; the committee also worried 
an ordinance could expose the city to potential litigation if it 
prevented residents from exercising a right afforded by state law.

Fixes won't be easy. Because the act was a ballot initiative, 
administrative rules also may have to go before voters or get 
approval from 75 percent of the Legislature.

Voters showed compassion for those suffering chronic pain or from the 
effects of chemotherapy.

The state now must ensure that act of empathy doesn't have a dark side. 
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MAP posted-by: Richard Lake