Pubdate: Sun, 01 Jan 2012
Source: Garden City Observer (MI)
Copyright: 2012 Observer & Eccentric Newspapers
Contact: http://www.hometownlife.com/section/CUSTOMERSERVICE20
Website: http://www.hometownlife.com/section/NEWS08
Details: http://www.mapinc.org/media/5191
Author: Ken Abramczyk
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)

LAWMAKERS HOPE TO CLARIFY MEDICAL MARIJUANA LAW

While the medical marijuana legal questions are examined in court, 
state lawmakers will study proposed legislation in 2012 aimed at 
clarifying the law.

House lawmakers are expected to study a package of bills introduced 
in 2011 that proponents hope will clarify ambiguities in the Michigan 
Medical Marihuana Act.

Rep. John Walsh, R-Livonia, chairs the House Judiciary Committee. 
State Rep. Phil Cavanagh, D-Redford, also serves on that committee. 
Walsh expects to hear more public comments and receive more input in 
February about the proposed legislation. Walsh said he has met with 
dispensary operators, caregivers, patients and patient advocacy groups.

"We're trying to meet with everybody," Walsh said. "We're trying to 
cover all potential concerns. It's a one-shot opportunity to bring 
greater understanding and predictability of the law."

The proposed legislation:

Requires traditional doctor-patient relationships to end the current 
practice of some doctors certifying patients for medical marijuana 
without even seeing the patient or knowing the patient's medical 
history. Walsh said a recent Detroit Free Press article reported that 
just 55 doctors have certified about 45,000 - or 71 percent - of all 
medical marijuana registrants;

Prohibits patient-to-patient transactions and requiring growers to 
keep their plants in enclosed, locked facilities accessible only to 
the registered caregiver or patient;

Allows access by law enforcement to the state's medical marijuana 
registry. Law enforcement currently can only verify a 
patient/caregiver by contacting the state Department of Community 
Health and verifying an identification on the patient/caregiver's 
card. It also requires an applicant include a photo during the 
registration process. The specifications for the photo mirror that 
for a passport photo.

Clarifies zoning guidelines as many city, village and township boards 
do not know how to classify dispensaries opening within their boundaries.

Walsh said lawmakers welcome input. "Our intent is to provide 
legislative framework for the predictability and guidelines for all 
the state. You still have a right to use it, but we having difficulty 
with the distribution issue," he said.

Livonia City Attorney Don Knapp appreciates any legislative efforts, 
but wonders whether they will reach the 75 percent legislative 
threshold of support required for any change on voter-initiated 
measures. "I think any effort at clarity is good," Knapp said. "While 
I like the fact that they are studying legislation, I'm a little 
reluctant that its ultimately going to be adopted."

Dan Korobkin, attorney for the Michigan American Civil Liberties 
Union, which has filed a lawsuit currently on appeal against the city 
of Livonia over an ordinance that bans medical marijuana, said the 
state law and voters approval of medical marijuana allows its usage 
by patients without prosecution.

"If there are ways to make it better for everyone involved, that 
would be great," Korobkins said. "But if legislators think of getting 
rid of the law, that would go against what the vast majority of 
voters wanted when they approved medical marijuana.

"I don't think they would do that. I don't think legislators are 
interested in going against the will of the people."

Attorney Neil Rockind isn't a fan of the legislation. Rockind 
believes the law should keep patient information confidential and 
ensure medical marijuana use. Rockind believes law enforcement 
agencies should not be what he called a stakeholder in this debate 
after voters have approved medical marijuana and its use is permitted 
under state law. "Law enforcement works for government," Rockind 
said. "Their job is harder, but who cares? Why is that an issue?"

Rockind isn't optimistic about medical marijuana's future. "I'd like 
to believe that legislators are going to be receptive and 
sympathetic, but the attorney general is going to have to have a 
change in mindset. I'm not optimistic about those things."
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MAP posted-by: Jay Bergstrom