RULES FOR NEW MEDICAL POT PROGRAM DRAW COMPLAINTS

The draft rules for the state's medical marijuana program treat users
as criminals and put undue responsibility on law enforcement, say
those who spoke at the only public hearing on the topic Monday in Lansing.

More than 100 people gathered to voice concerns about regulations
drawn by the Michigan Department of Community Health, which will
oversee the program starting April 4.

Among the issues raised were possible constitutional and privacy
violations, as well as what some advocates say is a too-narrow
definition of "public place," where medical marijuana use would still
be illegal.

"We are responsible, law-abiding adults. We want a sensible, workable
medical marijuana program," said Greg Francisco, executive director
of the Michigan Medical Marijuana Association (MMMA)

Under the draft rules, registered users of marijuana for medical
purposes or their caregivers would have to keep records of the
amounts of marijuana they grow, and users would have to identify
other users on registration forms.

"I don't have to tell my pharmacist every other patient who my doctor
has written a prescription for," Francisco said.

The complaints have merit, said Peter Hammer, a health law professor
at Wayne State University.

"There's a lot of discretion in who drafts the rules to make it easy
or harder. It's clear these rules are designed to make it hard," he said.

MDCH's director, Janet Olszewski, publicly opposed Proposal 1. In
November, voters in every county said yes to Proposal 1, which would
allow people with terminal or chronic illnesses such as cancer, HIV
and neurological diseases, or their caregivers, to grow and use
medical marijuana without fear of state prosecution.

The proposal also allows for a medical marijuana defense, should a
user or caregiver be caught in possession while in public.

There was concern about MDCH contacting federal Medicaid and Social
Security offices as part of registration. . Marijuana use is still a
federal crime, and the information could be incriminating under
federal prosecution, or at least be grounds for denial of benefits,
advocates said.

"We need to change the law enforcement paradigm to a public health
paradigm," said Melody Karr of MMMA.

A Michigan State Police spokesman indicated the agency didn't want
responsibility of destroying excess marijuana, as written in the
draft. Greg Zarotney, of the State Police executive division, said
users or caregivers should destroy excess, or MDCH should add rules
allowing the transfer of excess marijuana from a former user to a new one.

"It's burdensome for law enforcement to have someone come in asking
to destroy 12 plants. Plants can grow quite big," he said.

Zarotney suggested the state's registration system be tied into the
same database with driver's licenses, to allow officers to quickly
know if a user or caregiver was legitimately registered.

The requirement for a face-to-face interview also was denounced, as
advocates said some users were too sick to travel lengthy distances
for an interview.

Some rules imposed actions not mentioned in the law, including
requiring users to keep all marijuana under lock and key, instead of
just plants. Melissa DiPirro, of the Macomb County office of
substance abuse, spoke in favor of the rule, adding that prescription
drugs should be locked up as well.

Desmond Mitchell said as a regulatory agency official, the multiple
comments gave them a user's perspective.

"Nobody's pulling a fast one or has a secret agenda," he said.

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ADDITIONAL FACTS

How to Be Heard

The Michigan Department of Community Health is accepting comments on
the draft rules for the medical marijuana program until 5 p.m.
Friday. The proposed rules can be viewed online at michigan.gov/mmp.

The final rules go into effect on April 4.

Public comments may be submitted to the Michigan Department of
Community Health Bureau of Health Professions, P.O. Box 30670,
Lansing, MI 48909-8170, Attention: Desmond Mitchell, Departmental
Analyst, or they can be e-mailed to dmitch@michigan.gov. For
information, call 517-241-2112.