Pubdate: Mon, 29 Aug 2011
Source: Gaylord Herald Times (MI)
Copyright: 2011 Gaylord Herald Times
Contact: http://www.petoskeynews.net/forms/lettertotheeditor.html
Website: http://www.gaylordheraldtimes.com
Details: http://www.mapinc.org/media/4464

LOCAL RAMIFICATIONS IN MEDICAL MARIJUANA DECISION

We do not advocate the use of any substances. We believe some of the
provisions of the voter-adopted Michigan Medical Marihuana Act (MMMA)
may be vague and need to be clarified. However, the intent of the law
is clear -- to make medical marijuana available for persons who qualify.

The recent state court of appeals ruling that marijuana cannot be sold
in storefront dispensaries appears to provide a major roadblock. The
essence of the three-judge ruling was whether the MMMA permits the
selling of marijuana. The appeals court ruled "Specifically, the
'medical use' of marihuana, as defined by the MMMA, does not include
patient-to-patient 'sales' of marihuana, and no other provision of the
MMMA can be read to permit such sales. Therefore, defendants have no
authority to actively engage in and carry out the selling of marihuana..."

The circuit court trial judge in Mount Pleasant had ruled just the
opposite when he heard the case and found that the dispensary did
comply with the MMMA. There are some major discrepancies of opinion
and this issue is expected to be appealed to the Michigan Supreme
Court. At this point, the final outcome is unsettled and it is going
to be interesting to see what happens next.

It's clear what this means to Otsego County's seven dispensaries in
the interim. All seven were expected to receive cease-and-desist
orders Friday from the Otsego County Prosecutor's Office. Hundreds of
cardholders from across Northern Michigan will be left scrambling and
many local jobs will be lost. The Detroit Free Press reported Friday
that there are approximately 100,000 patients in Michigan currently
certified to use medical marijuana.

"They don't know how to grow (marijuana for themselves) and, frankly,
they don't want to," said Karen Sides, owner of Natural Remedies in
Gaylord. "This is going to open the door to the black market."

Whether you are for or against them, these dispensaries worked with
local authorities from day one and Otsego County Prosecutor Kyle Legel
said, "They haven't caused any additional crime."

Gaylord City Police Chief Joe FitzGerald said Friday he supports
changes to the law to restrict the number of facilities and tighten
qualifications for obtaining a medical marijuana card. Whether these
changes are made and the facilities are allowed to reopen, or whether
they are wiped away completely, is to be determined.

From the time the medical marijuana legislation was placed on the
statewide ballot and supported by 63 percent of voters in 2008 to now,
this issue has been a polarizing, hot-button topic. Given the recent
ruling and the local ramifications, it is certain to continue to be.
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MAP posted-by: Richard R Smith Jr.