MEDICAL MARIJUANA CLINIC FOUNDER DEFENDS ITS LEGALITY

SOUTHFIELD - The state's first medical marijuana clinic is defending
its legality as residents, government officials and law enforcement
agencies learn more about the controversial proposal voters approved
in November.

"I am in the exploratory stages, trying to figure out what is what,"
said Southfield Mayor Brenda Lawrence, who had a meeting scheduled
for Jan. 12 with the president, founder and CEO of The Hemp and
Cannabis Foundation, Paul Stanford. The clinic recently opened up
shop in the Southfield Town Center.

"This is so new - the legislation passed and they just sprung right
up. (I am learning) what are the rules, what are the guidelines -
things that I don't know, and that's one of the reasons I called the
meeting with him," the mayor said.

Representatives from the Michigan Department of Community Health are
also scurrying to learn exactly what the TCH Foundation is doing, and
whether or not it falls within the limits of the new law.

"We worked so hard to establish the program, and we don't want any
misinformation out there," said James McCurtis, spokesperson for the
department. "We understand that this is going to take a little bit of
time. This law is so brand-new, and there has to be an educational
window period. It is going to take some time for people to
understand."

Stanford, however, maintains that everything his foundation is doing is
lawful. The Southfield clinic joins 17 others in the country run by
Stanford: four in Oregon, four in Washington state, three in Colorado,
three in Hawaii, one in Nevada, one in California and one in Montana.
Thirteen states in the U.S. have legalized marijuana for medical purposes.

"We have carefully investigated - along with our attorneys - the law,
and we are operating completely within the law," Stanford said.

While the law permitting the use of marijuana for medical purposes is
now in effect, the Michigan Department of Community Health has not
issued any identification cards signifying an individual is approved
for the program. The department is due to begin doing so by April
4.

In order for a person to be approved, the MDCH will review a
patient's application, which must include a physician's statement and
an authorization letter indicating that, due to the individual's
debilitating condition, that person is likely to receive therapeutic
or palliative benefit from the use of medical marijuana.

At the THC Foundation, doctors are on staff to review a patient's
medical history and ascertain whether or not this statement can be
made. No marijuana is provided by the organization.

"What they're doing is absolutely legitimate - I think they are
perfectly legal," said attorney Greg Schmid, of Saginaw, who has been
advising the organization. "They're merely providing honest
information based on their professional opinion and help; of whether
the patient is likely to receive therapeutic or palliative benefit
for their serious condition."

If it's determined the patient would receive such a benefit, the
doctors would then submit a statement and authorization letter to the
MDCH, which would then review the patient's application and determine
whether the patient qualifies for the program. The MDCH will not
provide a qualified patient with marijuana or information about how
to acquire marijuana.

Since identification cards are not being issued just yet, the TCH
Foundation is operating to assist those under Section 8 of the law,
which allows for an "affirmative defense," Schmid said.

"It's an entirely separate arm of the medical marijuana act," Schmid
said. "The law states the medical use of marijuana is legitimate and
legal under Michigan law - all the registry ID does (is) provide
advanced immunity. But a person who is arrested and prosecuted for
any crime involving marijuana can assert an affirmative defense. To
assert that defense, all a person has to do is establish three
things: one, that a doctor has made a statement to them that in the
doctor's professional opinion, after a full review of their medical
history and their current medical condition, the doctor feels they
would benefit from the medical use of marijuana for the treatment of
their serious medical condition symptoms. The second thing is to
prove that the amount in their possession was not an unreasonable
amount … necessary to ensure an uninterrupted supply of
medicine. The third thing is that their actual use or possession of
marijuana was for medical purposes. ! It's a very robust defense, and
it's feasible to prove. And all you need is that statement. (The THC
Foundation's doctors) are merely making that statement."

The MDCH held a public hearing in Lansing on Jan. 5 regarding the
rules and regulations of the medical marijuana program. More than 200
people attended, many of whom voiced concerns and made
recommendations.

"We are reviewing that as we speak," McCurtis said, adding that the
department plans to contact Stanford this week to learn more about
his operations. "Our staff has been incredibly busy. We have not been
able to call them. (But) we're going to find out exactly what
they're doing."

For more information about the TCH Foundation, visit
www.thc-foundation.com/michigan or call (248) 351-1746. For more
information about the medical marijuana program, visit
www.michigan.gov/mmp or call (517) 373-6873.