Pubdate: Tue, 30 Aug 2011 Source: Lansing State Journal (MI) Copyright: 2011 Lansing State Journal Contact: http://mapinc.org/url/qbTWpGoq Website: http://www.lansingstatejournal.com/ Details: http://www.mapinc.org/media/232 MARIJUANA RULING ADDS TO CONFUSION Government, Courts Need to Honor Wishes of Voters In 2008, voters in Michigan clearly indicated they wanted marijuana as an option to treat medical conditions. In 2011, the state still hasn't respected the wishes of its citizens and elected officials should be held accountable for subverting the voters' intent. The dithering reflects distaste for medical marijuana in all forms by Michigan's political elites and law enforcement agencies. The state legislature in three years has failed to craft workable laws and policies for regulating marijuana. And court decisions have only confused the matter. Last week the Michigan Court of Appeals ruled that medical marijuana cannot be sold through private shops, in effect saying the 2008 law and the state's public health code does not allow people to sell pot to each other even if they have state-issued marijuana cards. The three judges issuing the decision were Joel P. Hoekstra, Christopher M. Murray and Cynthia Diane Stephens. Michigan Attorney General Bill Schuette was on board immediately. "This ruling is a huge victory for public safety and Michigan communities struggling with an invasion of pot shops near their schools, homes and churches," he said. But what about a reasonable and accessible way to make marijuana available? Schuette says he doesn't know how to do this. The Appeals Court specifically challenged the issue of selling pot -- an obvious transaction required to provide marijuana to sufferers who legally are entitled. There is no dispute that the poorly drafted law doesn't address so-called dispensaries. But the law states quite clearly that qualified people can possess up to 2.5 ounces of marijuana and possess up to 12 plants. It is naive and disingenuous to suggest that some means of exchange wasn't intended by voters. In Ingham County, Prosecutor Stuart Dunnings III has proceeded cautiously in response to the court ruling and prodding by Schuette. Acknowledging the city of Lansing has allowed medical marijuana businesses to apply for licenses, Dunnings rightly reasoned that the licensed dispensaries have reason to believe their actions -- and business operations -- are legal. Still throughout the state, dispensaries providing marijuana began closing immediately, stranding patients who use the drug to deal with debilitating conditions. Clearly the compassion for those suffering exhibited by the people of the state is not shared by the political establishment. - --- MAP posted-by: Richard R Smith Jr.