MARIJUANA POLICE WORRY ABOUT LAW

GRAND HAVEN -- As a disabled U.S. Army veteran, Dan Higgins suffers
severe nausea from pain medication for his damaged back.

The only thing that helps, he said, is marijuana.

On Monday, the state Department of Community Health begins accepting
applications from those with doctors' permission to use marijuana.

For Higgins, 34, of Grand Haven, the law is based on compassion.
"It's to give people their medication. ... I just can't keep the food down."

But, he said, there's this, too: "This is marijuana. It's not
cocaine. It's not heroin."

The ballot initiative took effect Dec. 4, but no one could apply for
six months while the Department of Community Health developed
administrative rules. The law provided medical-marijuana patients a
defense to charges, but criminal penalties will be gone for those
with an identification card.

While the proposal was framed as a way to help seriously ill
patients, many area police leaders warned it was a step toward
legalization and that it put motorists at risk and threatened families.

Kent County Undersheriff Jon Hess has worked with police agencies in
California, Oregon and Washington, which have medical marijuana laws.
He said he has concerns because other states reported that marijuana
laws have become "so watered-down."

The Sheriff's Department was trained in the new law and continues to
study information from the Department of Community Health.

In other states, police report those busted for illegal possession of
pot sometimes say they are legal medicinal users, and, Hess said, "I
anticipate there will be those that try to use this as an excuse."

In Ottawa County, the sheriff's department has "opened a line of
communication" with a Holland-area Compassion Club, one of numerous
such groups across the state.

"We recognize that legislation has been changed allowing manufacture
and use of marijuana under very specific guidelines," Ottawa County
Undersheriff Greg Steigenga said. "It's our intention to work within
established guidelines as a law-enforcement agency that is also
commissioned to enforce the law of illegal propagation of marijuana."

Police are used to changes in the law, but this is a little unusual.

"We'll work through it. It's something that's new for the entire
state," Steigenga said.

He said the new law provides guidance for police and legal users and
appeared fairly straightforward. But he expected legal challenges.

So does Grand Rapids attorney Bruce Block, who has researched
marijuana laws and put information on his Web site.

He also represents perhaps one high-profile alleged user, suspended
Grand Rapids Press columnist David Mayo, busted after police tracked
growing equipment he bought from an advertiser in "High Times" magazine.

He sees a lot of problems, including driving laws that hold motorists
responsible with any amount of drugs in their system.

"That's one of the Catch 22s," he said.

The federal government said it won't target medical-marijuana users
or growers, but "technically, it is still illegal" under federal law,
Block said.

Also, "Where do you get the seeds or the plants? ... If someone has a
medical-marijuana card, they are basically buying from someone on the
street. People selling to them can still be busted," Block said.

Greg Francisco, executive director of Michigan Medical Marijuana
Association, said the number of underground users is large and
includes those from all backgrounds and professions. He discounted
the notion that prescribed drugs better relieve nausea and pain.

"I kind of believe the patients," Francisco said.