MEDICAL MARIJUANA STILL STIRRING PUBLIC DEBATE

ESCANABA - Medical marijuana is causing quite a stir in Michigan, from
those who must enforce a law they may not like to those who would
utilize the newly-legalized medicine.

A decision in Alger County Circuit Court recently affirmed that the
Michigan Medical Marijuana Act (MMA) could be applied retroactively.
In Delta County, an opposite finding was held.

James Howard Peterson, Munising, was charged with manufacturing of
marijuana after police seized two marijuana plants from his Alger
County home Nov. 3 - the day before the MMA was passed by popular
vote. On April 8, Alger County Circuit Court Judge William Carmody
granted Peterson's motion to dismiss. He stated the effective date of
the act was Dec. 4, but maintained the law could apply
retroactively.

"Public policy would certainly suggest that if a medical benefit can
be realized from the use of a particular substance, what possible harm
can be found by the state in allowing the same to be applied
retroactively?" Carmody said in his ruling.

Peterson was represented by attorney Tom Casselman of Marquette. A
circuit court judge's decision is not the final word. Circuit
decisions can be appealed to an appellate judge, and ultimately to the
Michigan Supreme Court.

In Delta County, a man charged with possession and delivery recently
had his justification defense rejected when he asserted he was
medically permitted to have the plants.

Jason McEntire, 37, Escanaba, was arrested April 13 on two controlled
substance charges of delivery/manufacturing marijuana and maintaining
a drug house.

On Nov. 10, 15 pot plants were confiscated from McEntire's residence
in the southside trailer court. Eight officers from the Upper
Peninsula Substance Enforcement Team (UPSET) conducted the drug bust.

During McEntire's preliminary hearing in district court in April, his
lawyer Jayne Mackowiak said he had received authorization from a
doctor in January, after the raid, to grow the plants for medicinal
purposes. Mackowiak said the act should be retroactively applied in
this case. Delta County Prosecutor Steve Parks said the marijuana
plants were seized from McEntire's residence on Nov. 10, before the
new law went into effect in December.

"I feel the behavior was before the effective date of the (new) act,"
Parks told the court.

Judge Glenn Pearson agreed the case occurred prior to the new
legislation and would listen to the facts presented according to laws
at the time.

"I think the courts are supposed to interpret and enforce existing
laws, not anticipate them," Pearson said, and bound McEntire over to
circuit court.

McEntire invited UPSET officers into his home April 13 and presented a
medical authorization form for the marijuana that was dated Jan. 12.
McEntire was arrested on the spot.