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More Patient, Caregiver Info Would Be Available For
Pubdate: Wed, 08 Jun 2011
Source: Spinal Column Newsweekly (Union Lake, MI)
Copyright: 2011 Linear Publishing
Contact: http://www.spinalcolumnonline.com/
Details: http://www.mapinc.org/media/4425
Author: Kirk Pinho
MORE PATIENT, CAREGIVER INFO WOULD BE AVAILABLE FOR POLICE
As local governments in the lakes area and around the state struggle
to cope with the unintended side effects of the Michigan Medical
Marijuana Act that followed voter support for a ballot measure in
2008, every medical marijuana patient and identified primary caregiver
registered with the state Department of Community Health would be
searchable by local police in real time if a bill pending in the
Michigan Senate receives the blessings of three-quarters of the
members in both legislative chambers.
The proposal would amend the Michigan Medical Marijuana Act to require
the state Department of Community Health to provide information about
the issuance of the registration cards to the Michigan State Police
(MSP), which would then be required to make that information available
to state and local police officers so they have "immediate access to
information necessary to determine whether an individual in custody
for possession or distribution of marijuana possession [sic] is a
qualified patient or primary caregiver."
If a qualifying patient's certifying physician notifies the Department
of Community Health that the condition qualifying the patient for
medical marijuana use ceases, the department would notify the MSP of
the situation.
In addition, the proposal would require that, in addition to notifying
law enforcement that a registration card is valid, the Department of
Community Health would be required to disclose other registry
information to the Michigan State Police. Information required for the
identification cards includes the patient's and primary caregiver's
name, address, and date of birth; the date of the card's issuance and
expiration date; a random identification number; a photograph; and "a
clear designation" about whether the patient or primary caregiver is
allowed to possess marijuana plants for the patient, a determination
that's based "solely on the qualifying patient's preference."
Currently, the Michigan Medical Marijuana Act requires verification to
law enforcement personnel that the registration card is valid, but the
Department of Community Health can only do so "without disclosing more
information than is reasonably necessary to verify the authenticity of
the registry identification card."
That provision of the Michigan Medical Marijuana Act ruffles the
feathers of some in law enforcement, including a local official who
championed the proposed legislation.
"I think (the bill) would be a great help," said Wolverine Lake Police
Captain John Ellsworth. "Not that we need to know every person that
has one, but if we have to do an inquiry on a particular subject, it
would be good to know the card is valid. It may help us treat the
subject differently, obviously for the better when we know he or she
is a law-abiding citizen with an approved card. It would remove the
doubt that exists out there today."
However, getting the legislation passed is easier said than done.
Because the Michigan Medical Marijuana Act is a citizen-initiated law,
it can only be amended or repealed by a statewide vote or the approval
of three-quarters of the lawmakers in each legislative chamber -- 29
in the state Senate and 84 in the state House.
State Sen. Mike Kowall (R-Commerce, Highland, Milford, Walled Lake,
Wixom, Wolverine Lake, White Lake, Orchard Lake, West Bloomfield) said
that while he doesn't disagree with the premise of the proposal, the
federal government is already taking part in such activities.
"The DEA (federal Drug Enforcement Administration) is already looking
at all the medical marijuana cards that are out there. They have the
ability to get the names, addresses, phone numbers of anyone who has
one. It's kind of redundant, what he wants to do," Kowall said,
referring to the sponsor of Senate Bill (SB) 377, state Sen. Darwin
Booher (R-Evart), who couldn't be reached for comment prior to press
time.
"You're going to see a lot of activity in that (around the Michigan
Medical Marijuana Act)," Kowall said.
Ellsworth seemed pleased with the larger reforms Kowall sees
coming.
"I wish they would revisit the law to clarify many, many things," he
said.
The Senate bill is also co-sponsored by state Sen. Rick Jones (R-Grand
Ledge), who chairs the Senate Judiciary Committee, where SB 377 is
awaiting consideration.
State Sen. David Robertson (R-Waterford) and a representative from the
Medical Marijuana Academy in Commerce Township couldn't be reached for
comment prior to press time.
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MAP posted-by: Richard R Smith Jr.