THE DEVIL IS IN THE DETAILS

A law that lets people in pain use marijuana has left those procuring
the illegal drug in a legal haze.

The Michigan Medical Marijuana Act forces qualified patients and
caregivers to get medical marijuana and seeds from illegal
black-market dealers, proponents say.

The 13th state to do so, Michigan voters sided this month almost 2-1
in favor of legalizing medical marijuana, allowing possession of up
to 2.5 ounces and cultivation of 12 plants.

A "primary caregiver" -- any person more than 21 without a
drug-related felony identified to assist patients procure the drug --
may service 5 clients and maintain up to 60 plants and 12.5 ounces, a
street value near $2,000.

The problem: The U.S. Food and Drug Administration, a federal agency
that trumps state law, continues to identify marijuana as a "schedule
I" narcotic, possession of which is punishable by up to 20 years in a
federal penitentiary.

The other kink in the law: "It doesn't lend any explanation of how to
obtain or acquire marijuana -- joints or seeds -- legally," said
James L. McCurtis, 34, spokesman for the Michigan Department of
Community Health.

The Michigan agency has until April 4 to outline how it will issue
identification cards through the Bureau of Health Professions.

California, whose law established nonprofit "dispensaries" to grow
and sell marijuana, is the only state to address patient access. The
DEA, using federal laws, has raided and closed 100 shops.

What is medical marijuana? -- The proposal defines it as consumption
of marijuana for medicinal purposes by someone who meets the defined
criteria. I'd consider it "organically grown marijuana without the
use of pesticides and using organic nutrients," said Danny Danko, 36,
senior cultivation editor for the New York City-based, marijuana
advocacy magazine, High Times.

Tim P. Ziegler, 49, owns the Casa Collective, a grower and seller of
marijuana in Susanville, Calif. He considers medical marijuana "the
finest, organic, top-shelf marijuana that you can grow," emphasizing
that all medical marijuana should be organic because of health
complications that might arise from unidentified chemicals or foreign
substances.

Do I qualify to use medical marijuana? -- The act, viewable at
stoparrestingpatients.org, identifies a number of specific diseases
and says patients with any "chronic or debilitating" symptoms are
candidates. The Michigan Department of Community Health is
establishing the diseases, symptoms and other qualifications, but
doctors ultimately decide what patients qualify.

"It already culls it down to a small, select group of people that are
even eligible to ask in the first place on medical grounds," said Dr.
Michael Paletta, chief medical officer for Detroit-based Hospice of
Michigan. He said medical marijuana benefits are unsubstantiated. "If
and when such research results are published, we will incorporate
them into our plan accordingly."

Hospice caretakers aren't growing or procuring marijuana for their
patients, he said.

Once authorized by a doctor, patients and their caretaker may obtain
a card and register.

Is it really legal? -- No. "Typically we don't arrest people for
simple possession, even though those people that possess marijuana
are breaking federal law," said Rich Isaacson, 40, special agent and
information officer for the Detroit field division of the DEA.

"The goal of the DEA is to identify who the large-scale drug
trafficking organizations are," he said.

The proposal cited federal statistics indicating 99 of every 100
marijuana arrests are made under state law by state law enforcement,
and President-elect Barack Obama plans to end DEA raids in states
where medical marijuana laws have passed, though he urges regulation
from the Food and Drug Administration.

How do I get it? -- "The ballot proposal can't answer that question
because of the legal and regulatory structure of the federal
government," said Dianne Y. Byrum, 50, spokeswoman for the Coalition
for Compassionate Care in East Lansing, the organization that drafted
the proposal.

She said the primary purpose of the law was to protect those treating
themselves with marijuana.

"They'll have to grow it themselves or appoint a caregiver to grow it
for them, but if you actually look at the law, it actually protects
the patient if they purchase marijuana from the dealer on the
street," said Greg D. Francisco, 50, director of the Michigan
Marijuana Association, an education and advocacy group. The group is
building a Web site, www.michiganmedicalmarijuana.org, to help
patients learn about medicinal marijuana and network with local caregivers.

Seeds are available internationally at sites such as
www.nirvana-shop.com, but federal governance over mail and the
Internet increase the risk, so Francisco recommends patients stay local.

How do I use it? -- Smoking marijuana as a cigarette or with a pipe
is the most popular and unhealthy method, not recommended by most
doctors. Vaporizing is equivalent to smoking without the harmful
byproducts, though the machine costs more than $100. Suppositories,
teas and baked goods are other options but they require more
marijuana, making them less cost-effective, Francisco said.