THE HIGHS AND LOWS OF MEDICINAL MARIJUANA

The conclusion of a two-part series about the impact of the medical
marijuana law.

Last week, Northern Express profiled two pot growers who have a
"passion" for marijuana. They love to grow it, they love to smoke it.
They believe it can make people feel better and even cure them.

One of the growers, Archie, made a decision to come out publicly as a
legal "caregiver" who supplies marijuana for patients. Under the law,
he is allowed to grow the plants and be compensated for the cost of
growing (lights, energy and the plants themselves).

The law is a bit gray, and written in a way that obtaining starter
plants might require an illegal sale. Area law enforcement
officials, however, said they aren't planning to target caregivers or patients.

Some of these people are nervous that we are out to get them, looking
over their shoulders, looking in the bushes, all paranoid," said
Grand Traverse County Sheriff Tom Bensley. "Is this public enemy
Number One for us? No, but if we come across it, we will deal with
it. It's not changing the way we do business."

But why was the law written this way?

"I've seen a lot of news stories coming out of Michigan, I guess we
never did a good a job explaining it," said Dan Bernath of the
Marijuana Policy Project, a nonprofit based in Washington D.C.
"Federal marijuana policy is why the law was written that way."

Federal Felony

"Although a state deems medical marijuana use as legal, it's still a
felony to possess and to sell marijuana under federal law. The
problem with safely distributing medicine to qualified patients is
that large scale suppliers (over 100 plants) are still considered
criminals under federal law. That doesn't mean states can't provide
them with effective protection, but they have to be careful how
access is allowed," Bernath said.

He explained that the legalization of marijuana is an evolution and
depends on public acceptance. Michigan has taken what's considered
the first step--that is, approving a law that protects the patient
and their caregiver. Large-scale distributors of plants and medicine
are still at risk.

Michigan's law was worded similarly to a medical marijuana law passed
by Rhode Island. Now, Rhode Island has gone a step further. In June,
its legislature approved a bill that will allow state-licensed
dispensaries to supply patients with marijuana (it had to override
the governor's veto to do so).

California is the most commercially "evolved" of the 13 states. It is
the only state, for example, to consider depression as a medical
malady in its marijuana law. Online bloggers claim that anyone who
wants to buy marijuana for medicinal purposes can easily do so.

Marijuana is sold in California "dispensaries," which is the legal
word for stores that display different strains of marijuana under
glass. The cost for high quality pot ranges from $300 to $450 an
ounce--about the same as it costs in Michigan.

A turning point for the state was the election of President Obama.
Unlike the Bush administration, the feds have pledged not to use drug
agents to bust sellers as long as they are abiding by state law. Yet
a federal judge created ripples of anxiety last month when he
sentenced Charles C. Lynch, an owner of a dispensary, to one year in
federal prison.

And then there's always Ann Arbor, where for 30 years, smoking pot
was punishable by a tiny fine instead of a jail sentence (for
first-time users).

Back in 2004, the city's voters approved both the growing and use of
marijuana for medical purposes. But, of course, doing either one
violated state and federal laws.

Proceed With Caution

Although it's fairly easy to get medical marijuana approval in
California, it's much more difficult in Michigan, even if your
illness clearly qualifies you.

Some doctors in this area are reluctant to sign the required
recommendation. Because of that, scores of patients are going to the
THCF Medical Clinic or one of the eight other new clinics in
Southeast Michigan.

The THCF clinic has a mobile office, which has traveled to Houghton
and Marquette to accept patients. Kalkaska Prosecutor Brian Donnelly
wondered whether that's legal.

"If a case comes before me, and the doctor is subpoenaed, I get to
ask, Is he really your doctor? Did he ever see you?' The number of
cases for which this doctor Eisenbud has written recommendations is
appearing all over the state. My question is how thoroughly is he
evaluating these people. It might be that he's a busy man and doing
as good a job as he can, but the appearance is he's pretty casual."

In fact, there's nothing in the law that prohibits the clinic's
operations; the state has investigated the Southfield clinic and
determined it's breaking no law, said James McCurtis, public
information officer of the Department of Community Health, which
oversees the medical marijuana program.

The clinic in no way "rubber stamps" people, said Paul Stanford, the
director of the nonprofit that oversees the clinic.

"We screen all of our patients and ask for valid medical
documentation that's less than three years old--a diagnosis from an
MD or DO. We don't accept the assessments of a chiropractor. Based on
that documentation, we'll set up an appointment," Stanford said.

The Derror Case

Donnelly brings up a more troubling point. There's a Michigan Supreme
Court case, People versus Derror, which holds that anyone who hurts
or kills someone in a car accident can be found criminally negligent
if a blood test shows any trace of marijuana in a blood sample.
Lingering traces are detectable for up to four weeks after smoking.

Thirteenth Circuit Court Judge Philip Rodgers heard testimony that
Delores Derror had smoked marijuana four hours before the accident;
the prosecutor, however, said he could not stipulate that marijuana
played any role in the accident.

Derror had crossed the center line of M-72 and struck a car, killing
the front seat passenger, paralyzing two young girls, and injuring a
third child. Rodgers ruled that the influence of drugs or alcohol
must play a part in an accident in order to qualify as criminal
negligence. The Supreme Court overturned his decision, saying that a
causal relationship is unnecessary to be found guilty of criminal
negligence. As a result, Derror was sentenced to up to five years in
prison instead of two years for negligence.

"I was disappointed in the ruling," Rodgers said. "It's a basic
justice problem if you can't show there was a causative legal
relationship between the drug and the injury or death. Derror was
driving at too high a rate of speed in a grossly negligent fashion
and crossed the center line on snow and slush."

"It was the most difficult sentencing I've ever had. Looking at those
two girls--especially the older girl (who could not walk). She said
she just wanted people to look at her, not over her. It was chilling.
On the other hand, if you're going to hold someone accountable--give
them a 15-year criminal felony instead of two years for
negligence--there should be some showing of cause between the drug
use and the accident."

When a court precedent doesn't seem to make any sense, a jury can and
sometimes does aver to its own sense of justice, and that's called
jury nullification, Rodgers said.

Medical Pros and Cons

Bob Cameron hasn't touched alcohol or marijuana since 1981. In fact,
he is a licensed substance abuse counselor and a caregiver for Jack
Peterson, who will soon turn 85.

Peterson has prostate cancer, which has metastasized into bone
cancer, and he's gone through the traditional treatments. He is
hoping to increase his chances by using a marijuana tincture under his tongue.

"I have patience and faith," said Peterson, who researched marijuana
on the Internet after Michigan voters approved medicinal marijuana in November.

Cameron believes that it's possible to get the curative powers of
marijuana without the euphoria, which he considers an overdose. He
doesn't advocate marijuana for minors nor does he want Michigan to
adopt the same system as California, in which "caregivers" have
simply become suppliers. He wants to train people to become truly
supportive of those who are sick.

The use of medical marijuana has certainly gained the attention of
the medical community, which has exploded with thousands of
scientific articles in the last several years, according to a survey
published in the most recent Journal of Opioid Management.

The authors of the report said that marijuana has been studied for
pain management, glaucoma, nausea, enhancing appetite for "wasting"
disease, Multiple Sclerosis and Parkinson's disease.

"Over the past 30 years, the United States has spent billions in an
effort to stem the use of illicit drugs, including cannabis, with
limited success. Because of this climate, unfortunately some very ill
people have had to fight and, in many cases, lose long court battles
to defend themselves for the use of a medicinal preparation that has
helped them." wrote the six authors, all of who are physicians or
doctorates or both.

Pot & Pain

Bob Heflin, a medical marijuana advocate, cautions that some
followers of Rick Simpson (who promotes marijuana in YouTube clips)
are making premature claims on the drug's ability to cure cancer,
although recent scientific evidence shows it can shrink brain tumors.

"It hasn't been researched thoroughly. And yet it's given a lot of
hope to a lot of people. But the final evidence is not there yet."

Stanford of the THCF Clinic said that about 65 percent of the
patients suffer from chronic pain.

"When they come in, they are usually on large doses of
pharmaceutical, prescription drugs that are highly debilitating and
highly addictive," he said.

Patients are using marijuana to wean themselves off the opiates, he
said. Stanford said each patient is counseled about the law's
guidelines. They are also informed of the conditions that are
treatable with what's called cannabidiol (CBD). Unlike THC, which is
made from the bud of the plant, CBD is found throughout the plant and
can be made into food or capsules. It might make the patient sleepy,
but it doesn't make them high.

Critics point to the medical downsides of marijuana.

The National Institute on Drug Abuse asserts that marijuana use
temporarily impairs learning and memory, verbal skills, judgment, and
distorts perception. Use of marijuana by very young teens can have a
profoundly negative effect upon their development."

Marijauna also contains carcinogens and can irritate the lungs. For
this reason, Stanford said that his clinic highly recommends either
using a vaporizer or eating marijuana instead of smoking it.

Kip Belcher of the Traverse Narcotics Team wonders why patients don't
simply use marinol, the legal synthetic marijuana.

Heflin explained that it doesn't provide the same relief as the
plant. "In the plant, all the cannabinoids interact synergistically,
while in a synthetic derivative that's not true. I've heard a lot of
patients say it doesn't offer the relief that the plant does.
Secondly, the patients can't control the dosage with a pill."

Pass the Pizza

Judge Rodgers frequently tells people appearing before him that he
doesn't have the choice over which drug is considered legal.

"I don't like alcohol, and the people I sentence, by far and away,
abuse alcohol. Marijuana is a distant second. If I had to pick
one--the one where the people who abuse the drug and order pizza and
don't beat up their girlfriend, or the one that tends to open up
feelings of hostility and makes them do really bad things to each
either--I'd rather have them order pizza."

"Do I like either one particularly? I see, with both of them, people
not reaching their promise, as husbands or wives or employees.
They're not living up to what they could have accomplished. I'm not
seeing great literature, great music or great art in the throes of
alcoholism or getting stoned. In college, remember when people were
stoned and thought they were composing great music, and the next day,
they play it and it sounds like crap? It is crap!"

Rodgers wondered whether the law specified how big the plants are in
a person's home, or if there's a difference between a cutting and a
bush. Nope. The law doesn't specify.

What about people who have a prior felony record or are on probation?
The law only says caregivers cannot have a felony record. There's
nothing about patients.

Rodgers pointed out that the Traverse Narcotics Team (TNT) has put
forth a huge effort to eradicate marijuana in the area.

The TNT's 2008 Annual Report shows that marijuana arrests made up
half of total arrests. The dollar value of marijuana and hash made up
an astonishing 99 percent of the total $1.4 million in illegal drugs
captured in the area.

Rodgers believed the confiscation of $1.4 million in marijuana has
forced up prices, which, in turn, has attracted out-of-town sellers.
Most of these sellers seem to come from Texas.

Heflin believes that TNT should put their efforts on the higher-tier
suppliers who bring in more dangerous drugs of heroin and crack
cocaine. "The war on drugs is really the war on marijuana," he said.

Belcher said that Judge Rodgers is partially right about limited
supply pushing up prices. Another factor for the higher prices--up to
$4,000 a pound--come from the drug's much higher potency. Some
dealers are making huge sums of money with the high-potency
marijuana, he said. Another reason that pot has flowed in from Texas,
is that some customers prefer it. Called "brown weed," it is weaker
than the high-grade pot that's grown locally, as well as from Grand
Rapids, Lansing and Vancouver, Canada.

Economics

With a crippling national debt and public spending now under
scrutiny, some Americans wonder if it's time to re-examine the cost
to arrest and imprison users and growers.

The number of marijuana related arrests have climbed from 287,850 in
1991 to 755,00 in 2003, but the stepped up enforcement hasn't done a
thing to deter drug use, according to the group NORML (National
Organization for the Reform of Marijuana).

The group on the other side of the argument--the National Institute
on Drug Abuse--concurs that drug use remains very high. A 2008 survey
reflects that 42.6 percent of our nation's 12th graders have smoked pot.

Some people point to the tax revenues of California, which now reap
up to $120 million in medical marijuana sales taxes, according to the
Drug War Chronicle (a policy newsletter).

Legalizing marijuana for everyone could reap an estimated $1.4
billion, according to statistics included in the proposed bill.

In Michigan, becoming a caregiver might be considered a profitable
sideline. Those who grow the legal limit for patients could gross up
to $20,000 to $30,000 a year, based on current prices and the law's
guidelines of growing 12 plants per patient.

Jody Treter, a Traverse City resident who was visiting San Diego
recently, said she had picked up a weekly--much like the Northern
Express--and couldn't believe the number of ads for medicinal
marijuana. "It was ad after ad after ad. It was unbelievable," she said.

She has gained a different perspective about marijuana after
traveling the world. In Kauai, an island of Hawaii, several people
were anxious to talk to her about the consequences of marijuana
eradication on the island. They told her it was driving people to
methamphetamines instead, and violence.

One need only look to the tragic deaths in Mexico--now spilling into
the United States--to realize that driving marijuana underground has
deadly consequences, she added.

"I am not advocating for the use of pot. I'm advocating for
decriminalizing marijuana. Folks need to be reminded that caffeine,
tobacco, alcohol and even sugar can be considered drugs and they are
all legal. Everything in moderation."

Is the country ready for a change? Rodgers said that prohibition of
alcohol was lifted, not because anyone disagreed that its chronic
abuse was pernicious, causing liver and heart damage, violent
behavior, and, ultimately, broken lives.

Alcohol was legalized simply because the law was no longer
enforceable, Rodgers said.

"The black market reached a tipping point where it became
unenforceable. We were turning police into criminals; people were
making huge amounts of money and paying off police. It was
re-legalized because people had misjudged the effects of the law."