MEDICAL POT LAW BRINGS JOY, FEARS

When Michigan voters approved the use of medical marijuana in
November, Bob Heflin was grateful for the public's support.

Sheriff Mike Oltersdorf and county Prosecutor Joseph Hubbell, on the
other hand, are still wondering how to address the ramifications of
the new law.

Helfin, 65, of Acme is one of the founding board members of the
Michigan Medical Marijuana Association, the citizens group that
formed in 2007 to lead the effort to put a medical marijuana
initiative on the 2008 General Election ballot.

The Michigan Department of Community Health (MDCH) is in charge of
overseeing the new initiative, which will allow state residents with
a qualified debilitating medical condition to use marijuana to
alleviate their conditions. The MDCH said patients suffering from
cancer, glaucoma, hepatitis C, amyotrophic later sclerosis, Crohn's
disease, agitation of Alzheimer's, nail-patella syndrome, or who have
tested positive for HIV and/or AIDS may apply to become a registered
patient and receive an identification card.

While the law has been in effect since December, Heflin said the MDCH
didn't start accepting applications for the program until Saturday.

"All five of us founding board members were in Lansing Monday,
shuttling people between the Gone Wired Cafe and the Department of
Health office. We had over 100 people submit their applications
Monday," he said, despite battling an early spring snowstorm.

According to information released by the MDCH, 101 applications were
received. It will take about two to three weeks to process the applications.

Heflin has also established one of the MMMA's local "compassion
clubs" for the Traverse City area. He said the club's meeting last
week brought 80 people who were interested in the process of becoming
a qualified patient.

MDCH regulations state that each person who applies must have his or
her doctor sign and date an "attending physician's statement" and
submit it with the application. Heflin said the physician's statement
must state that the patient has a qualifying medical condition and
that medical marijuana may mitigate the symptoms or effects of the
condition. Any licensed doctor of medicine or doctor of osteopathic
medicine can recommend a patient for the program.

How will patients get marijuana if they've been approved? The state
has not provided an answer, but did give the following response on
the MDCH's website: "The MMMP is not a resource for the growing
process and does not have information to give to patients."

Heflin said there is no clear path for registered patients or primary
caregivers to legally acquire marijuana. A registered primary
caregiver is someone who applies to the health department and has
agreed to assist with a patient's medical use of marijuana. Heflin
said caregivers must be at least 21 years old and have never been
convicted of a felony involving illegal drugs. "A patient can be a
primary caregiver as well," he said.

Under the law, a patient or his designated primary caregiver may
possess up to 2.5 ounces of usable medical marijuana, or grow up to
12 marijuana plants. The plants must be kept in an enclosed, locked facility.

According to the rules from the department, each registered primary
caregiver may have up to five patients under his or her care. That
means the caregiver may grow up to 60 plants, and if the caregiver is
also a registered patient up to 72 plants would be allowed.

Oltersdorf and Hubbell, Leelanau County's top law enforcement
officials, are both concerned about how they will handle problems
that arise from the use of medical marijuana in the county.

Oltersdorf said he has asked Hubbell to make a presentation to his
deputies and staff on what the new law means and how they should
handle registered users in the county.

"There is a lot of gray area as far as I'm concerned about how these
patients will acquire their marijuana," Oltersdorf said.

The biggest immediate challenge for Hubbell is the issuance of the
patient registration cards.

"What do we do if we're called to house on the weekend because some
guy is smoking pot and he shows us his identification card? This
information isn't on the Law Enforcement Information Network (LEIN)
and the department of health offices are closed on weekends. How do
we verify this guy is a legitimate registered patient?" Hubbell said.

Another potential problem is how long THC, the active ingredient in
marijuana, remains in a person's system. The state law requires that
patients using medical marijuana cannot drive a vehicle immediately
after using the drug.

Hubbell said THC can stay in a user's system for up to 30 days. In a
2005 court ruling from Grand Traverse County, a judge ruled that if a
driver is pulled over and trace of THC or marijuana is detected in
his system, he is legally driving under the influence.

"The state law doesn't address this issue. There are so many
questions on how this will be enforced," he said.

Heflin said issues like what Oltersdorf and Hubbell bring up are
being discussed all around the state. He said the answers will most
likely be found in the legal system.

"All these matters will be settled in the courts," Heflin said.