BETTER RULES NEEDED FOR MEDICAL MARIJUANA

We feel Michigan voters made a mistake in November when they approved
Proposal 1, the medical marijuana initiative. Doctors questioned the
need for pot to reduce pain and nausea, while the law-enforcement
community raised serious concerns about the potential abuse and
diversion of legally grown "medical" marijuana.

Now that it's law, it's clear that the initiative was poorly written
and left many legal questions unanswered. State Sen. Wayne Kuipers,
R-Holland, recently introduced legislation he says better regulates
the distribution and use of marijuana for medical purposes. We
believe that while the Kuipers bill may not be exactly the right
answer, it should spur debate on how to fix the existing law.

As it stands, the law allows qualified patients and caregivers with a
doctor's recommendation and a state-issued identification card to
grow their own marijuana for medical use. However, it makes no
provision for those who cannot or prefer not to grow their own
marijuana. It doesn't even describe how patients can legally obtain
marijuana seeds. Media reports cite other legal questions raised both
by law enforcement and potential users since the initiative was
approved, including who defines what constitutes the secure location
the law says must be used for growing.

Kuipers' bill would classify marijuana as a regulated narcotic,
available through pharmacists with a doctor's prescription. It would
also license up to 10 growers to raise marijuana for medical use and
establish penalties for violation of the law. Medical marijuana
proponents say the prescription requirement would effectively kill
the initiative, since federal law bars doctors from prescribing the
substance. That conundrum is one example of the inherent problems
that come when a state attempts to legalize a substance, if only for
a limited use, that remains illegal under federal statutes.

The initiative may have been flawed, but medical marijuana is now the
law in Michigan and the question now is how best to implement the
will of the people. The Legislature should address the questions
raised both by law enforcement and by potential medical marijuana
patients and minimize the potential for abuse. Sen. Kuipers' bill is
a good way to start the discussion.