AS MEDICAL MARIJUANA LAW TAKES EFFECT, PLENTY OF QUESTIONS BUT NO PRESCRIPTIONS

GRAND RAPIDS -- Despite her support for legalized medical marijuana,
Debra Negen-Brink, a cancer survivor and registered nurse, has
concerns about the law taking effect Thursday.

Where would a senior citizen get the drug? How could a debilitated
person be expected to cultivate his own plants or obtain seeds just
to get started?

Brink, 50, with children in high school and college, wouldn't think
of asking them to score her weed. She doubted the elderly would turn
to adult children or grandchildren, either.

"It should have been dispensed in little joints in a jar," Brink, who
does not use marijuana, said Tuesday.

"So we would know what the quality is, and have some regulation. You
have to obtain it illegally. Once you get it, it's fine."

While the law takes effect Thursday, no one can start smoking -- at
least legally -- until spring, the deadline for the Michigan
Department of Community Health to develop administrative rules. Even
then, patients with a qualifying illness would need a doctor's
permission and certification by the state to partake.

In November, voters overwhelmingly approved the question of whether
seriously ill patients should be able to possess marijuana. Michigan
became the 13th state to legalize medical marijuana.

But it has raised questions for patients, police and prosecutors --
with courts possibly asked to provide the answers. It was one of the
concerns when area police chiefs announced strong opposition just
before the vote.

For instance, lawmakers previously outlawed drivers having any level
of illegal drugs in their systems. What happens if a legal marijuana
user drives and gets in a crash a couple of days after smoking the drug?

"All I have to do is show that there is a presence (of illegal drugs)
- -- it's there, you're hit," said Grand Rapids Police Sgt. Steve
LaBrecque, who investigates serious-injury and fatal crashes.

"I'm not sure how it's going to shake out. And even those not charged
criminally, would that bode well for you in a civil trial? Probably not."

Allegan County Prosecutor Fred Anderson said: "There's a conflict
there, and we're not sure how it's going to be sorted out."

Anderson said prosecutors statewide -- along with the Prosecuting
Attorneys Coordinating Council -- are studying the issue. They expect
to hold training sessions before people legally can light up.

"I don't know if anyone has any expectations as to how this is going
to go," Anderson said.

Allegan County Sheriff Blaine Koops said police have received "no
clear guidelines or administrative rules" from the state. Even a jail
inmate asking to use medical marijuana is something to consider.

"How do we handle an inmate that may obtain a prescription for
medical marijuana? Can we deny use in the facility, which is smoke-free?"

The Grand Rapids Police Department's Vice Unit isn't planning big
changes. Lt. Richard Nawrocki, in charge of the unit, wondered
whether police would have access to names of those permitted to grow
and possess marijuana.

"Are they able to release who's eligible and who's not? If somebody
says, 'John Smith's growing marijuana,' are we going to be able to
check if he's certified, (and determine) yes, he is? It may add an
additional step in an investigation," he said.

Police would not want to put a seriously ill person through an
unnecessary investigation, Nawrocki said.

"The last thing we want to do is add to their problems."

Still, he said, police would not ignore violations, including
possession of more than 2.5 ounces, the new law's limit.

Nawrocki expects to receive information from the state in coming
months. Then, he expects legal challenges.

Once the law takes effect, the Michigan Department of Community
Health said, marijuana still poses a risk for legal users. It still
will be illegal to buy marijuana or seeds, agency spokesman James
McCurtis said.

"We're not offering any advice on how you get it," he said. "The way
it was written, that's the dilemma."

Some have questioned the referendum's wording, and McCurtis said
legal fights are expected.

"We don't know what's going to happen. It will be up to law
enforcement to charge a person, up to county and state prosecutors to
charge the person, and try it in court, to answer the unanswered
questions the law has."

Brink used marijuana in 1979 while undergoing chemotherapy for
leukemia. It proved a godsend, she said. Nothing else worked to stop
her from vomiting every 15 minutes for hours on end.

She publicly backed the effort by Michigan Coalition for
Compassionate Care to allow medical marijuana.

[sidebar]

MARIJUANA LAW Q&A

Who can apply for a medical-marijuana identification card?

Someone who has been diagnosed with a debilitating medical condition.
A caregiver, at least 21 years old, can assist with a patient's
medical use of marijuana if the caregiver has not been convicted of a
felony drug charge. The caregiver can assist five or fewer patients.

When can patients apply?

After April 4.

Upon approval, when are ID cards issued?

The department must verify information within 15 days and the card
must be issued within five days of approval.

How can patients acquire marijuana for medicinal reasons?

The new law does not provide a legal means.

Who can grow medical marijuana?

Only patients and caregivers who qualify for the program.

How much marijuana can be possessed?

2.5 ounces of useable marijuana, or 12 plants kept in an enclosed,
locked facility.

SOURCE: Michigan Department of Community Health