Pubdate: Wed, 08 Feb 2012
Source: Metro Times (Detroit, MI)
Column: Higher Ground
Copyright: 2012 C.E.G.W./Times-Shamrock
Contact:  http://www.metrotimes.com
Details: http://www.mapinc.org/media/1381
Author: Larry Gabriel

GETTING CARDED

Fuming Over How Many Months It Takes for the State to Issue Medical 
Marijuana Cards

The heady atmosphere of the early days of medical marijuana in 
Michigan seems to have dissipated. Back then, there was a celebratory 
atmosphere as dispensaries were popping across the state and money 
from ganjapreneurs in Colorado and California flowed in as they 
expanded into the newest market to welcome their wares. But Michigan 
Attorney General Bill Schuette was less welcoming and led the charge 
against medical marijuana, particularly dispensaries, which have been 
raided and shut down in numerous areas of the state. Individual 
patients and caregivers have been prosecuted and found guilty when 
they believed they were in compliance with the Michigan Medical Marihuana Act.

Some activists have responded by starting a petition drive to amend 
the state Constitution to make it legal for adults to manufacture, 
buy, sell and possess the substance. But there are others who just 
want to see the current law implemented as they think it was intended.

"This is something the people put in place," says Jamie Lowell, 
founder of the Third Coast Compassion Center in Ypsilanti. "It works 
when people haven't been interfered with. I think the law needs to be 
implemented properly first."

Craig Canterberry wholeheartedly agrees. Canterberry is a medical 
marijuana patient, vice president of the Dickinson County Compassion 
Club in the Upper Peninsula and runs the forum at 
michigancannabispatients.com. Canterberry puts up an informal, 
unscientific poll each year through the online forum asking 
participants what medical marijuana issues they think are most 
important to focus on in the next near. This year's 100 or so 
respondents agreed with those of the past few years: They want the 
state Department of Licensing and Regulatory Affairs (LARA) to get 
medical marijuana registration cards out in a timelier manner. A 
taped message at the LARA office said that the office was currently 
processing applications that were received in July and renewals for 
patients whose cards expired in September 2011.

"Cards are just being released from last July and August," says 
Canterberry. "If that was done with driver's licenses, hunting 
licenses, fishing licenses or doctor's licenses, I'm pretty sure 
there would be a lot of outrage. This is pretty much a unanimous 
topic among anybody who has anything to do with the MMMA program. 
They should be able to have these cards out in a turnaround of 10 days."

And by law, the state is supposed to process cards within 20 days -- 
15 days to approve or reject an application and five days to issue 
cards to approved applicants.

They don't seem to be having any trouble collecting the money. The 
voice message at the LARA office assures callers that if "your check 
or money order has been cashed then your application is in line to be 
processed."

The problem here is that patients need their medicine in 
uninterrupted supply. I don't think they make you wait six or eight 
months to get your medicine when you go to a pharmacy. The 
prescription-to-pharmacy model isn't quite the same as the medical 
marijuana system, but once it's been determined that if you qualify 
then you should be able to get it. The situation forces people to 
break the law, or at least stretch it uncomfortably, to get 
medication illegally.

"There are people getting hurt by not having their ID cards," Lowell says.

If your card has not been issued within 20 days, the law says your 
application can serve as your valid registry identification. However 
many law enforcement and court officers haven't been aware of this 
provision and dragged patients and caregivers using applications as 
their registry identification through the legal system until the 
situation was cleared up. This is something sick people really 
shouldn't have to go through.

"Patients want their cards, caregivers want their cards, police want 
them to have cards, prosecutors want them to have cards and 
legislators want people to have their cards on them," Canterberry 
says. "Why are we not receiving them on time?"

I would have asked the folks at LARA, but, when I called there, the 
voice mailbox was full. I don't think the folks at LARA want to take 
this seriously. A Dec. 8 report on the Michigan Information & 
Research Service shows the state's manager of the medical marijuana 
program to be less than sympathetic to patients. When asked by 
members of a House committee where patients could get their 
medication when dispensaries are shut down, Rae Ramsdell said they 
could get it at the local "high school." When Rep. Brandon Dillon, 
D-Grand Rapids, questioned her response, she added a "university" to 
her response.

Later in the day Ramsdell expressed remorse for her "flip comment" 
and said, "The law doesn't say where a person can get medical 
marijuana. Where does a person go? I don't know." Based on the way 
her office has been issuing cards, I guess they can just go to hell.

Canterberry lays blame at Ramsdell's door: "It seems to be a direct 
path toward the administrators of the program. I would venture to 
call it gross administrative incompetence at this point."

Activists say the main thing to do about it is talk to your local 
representative to get them to pressure the LARA office to work more 
quickly and efficiently to get approved cards out to patients and 
caregivers. That lobbying just might work because all state 
representative seats are up for election this fall.

"For the 2012 elections, expect much more activity out of the 
cannabis community," Canterberry says. "Much of the community is 
living in fear due to the pressure put on them by the attorney 
general's office and local ordinances. There's going to be a high 
activity level among patients and their families. I've actually been 
amazed by the questions and activities around the elections this 
year. ... There has been a political action committee formed, 
Cannapac, that is going to be asking questions of candidates about 
their support for the MMMA and its administration."

You would think the money is there to fund proper administration. 
Estimates are that the state has taken in $8 million in registration 
fees. That money is not earmarked for LARA administration; it goes 
into the state's general fund. But the state can appropriate the 
funds to the program. It's not a lot of cash by state budget 
standards, but it evidences a significant constituency out there on 
the issue. Maybe Ramsdell should wake up and see what side her bread 
is buttered on ... or maybe that's cannabutter.

There are a lot of issues around marijuana motivating folks to get 
active in this political season. Someone near you might pop up asking 
you to sign a petition to put the question of legalizing marijuana in 
Michigan on the fall ballot. Just so you know what they're trying to 
do, here is the language of the proposed state constitutional 
amendment to legalize marijuana:

Article 1 Section 28.

Repeal of Marihuana Prohibition.

For persons who are at least 21 years of age who are not 
incarcerated, marihuana acquisition, cultivation, manufacture, sale, 
delivery, transfer, transportation, possession, ingestion, presence 
in or on the body, religious, medical, industrial, agricultural, 
commercial or personal use, or possession or use of paraphernalia 
shall not be prohibited, abridged or penalized in any manner, nor 
subject to civil forfeiture; provided that no person shall be 
permitted to operate an aircraft, motor vehicle, motorboat, ORV, 
snowmobile, train, or other heavy or dangerous equipment or machinery 
while impaired by marihuana.
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