Pubdate: Wed, 03 Aug 2011
Source: Tuscola County Advertiser (Caro, MI)
Copyright: 2011 Michigan Media, a division of the Edwards Group
Contact:  http://www.tuscolatoday.com/
Details: http://www.mapinc.org/media/4678
Author: Eric Andreychuk, Staff Writer 

PROSECUTORS TRY TO CLEAR THE AIR ON POT CONFUSION

CARO -- Tuscola County Prosecutor Mark Reene, along with Huron County
Prosecutor Timothy Rutkowski, invited the public to attend a seminar
on the Michigan Medical Marijuana Act (MMMA) on Monday night to clear
up some of the confusion surrounding the highly controversial law.

The pair invited Kenneth Stecker of the Prosecuting Attorneys
Association of Michigan to present the facts to a crowd of about 75,
including municipal officials, law enforcement and Senator Mike Green,
at the Brentwood in Caro.

Stecker, described by Reene as the "state's leading expert on the
act," has given over 200 presentations on the MMMA to municipal
groups, medical marijuana advocates and the public since the law was
enacted in 2008.

"Not only do I stay up-to-date on the state law, I am constantly
keeping updated on the laws nationwide," said Stecker. "There are
currently 16 states, including Washington, D.C. that have medical
marijuana laws."

Several municipalities in Tuscola County have struggled to establish
ordinances and regulations and have placed moratoriums on the activity.

Stecker pointed out several issues that are currently facing the
state, citing several ongoing court cases that include how to regulate
dispensaries, patient-to-patient transfers and employment policies.

According to Stecker, the MMMA does not allow a third-party
collective, cooperative, or dispensaries to transfer marijuana from a
caregiver to a patient.

"At most, a caregiver may only assist up to five registered patients
who have specified that person as their caregiver," he explained.

A good portion of the confusion comes from the application process.
The Department of Licensing and Regulatory Affairs (LARA) is
responsible for administering the MMMA and is about five months behind
on issuing registry identification cards and still processing
applications from mid-February.

"The LARA has 15 days to approve or deny the application once it is
received, according to the language in the law," Stecker said. "From
there, they have five days to issue a card. The statute allows for a
copy of the application submitted to serve as a valid registry ID if
the card is not issued within 20 days of its submission."

Other concerns he presented included jail inmates or patients on
probation or parole, use in day-care facilities, adult foster care
homes, nursing homes, federally subsidized housing, colleges and
universities, school zones and work places.

Stecker said most municipalities are taking the wait-and-see approach
as lawmakers consider amending and clarifying the act, but noted that
states like California and Colorado that started the trend took almost
10 years to amend their respective laws. He said in the meantime,
court cases and appeals will be the best way for answers to the big
questions. 
- ---
MAP posted-by: Richard R Smith Jr.