WOES EXPECTED IN ENFORCEMENT OF MARIJUANA LAW

The state's medical marijuana program -- begun in April -- hasn't
created headaches for Livingston County's law enforcement, but likely
will as the program grows, said county Sheriff Bob Bezotte.

The Michigan Medical Marihuana Program allows patients with
debilitating illnesses to grow and possess marijuana for medicinal
purposes. Those approved receive cards that indicate their
participation in the program.

The measure was approved by Michigan voters Nov. 4, 2008, and is
overseen by the Michigan Department of Community Health.

As of Dec. 11, 11,517 program applications had been received, 6,439
patient registrations issued, 2,686 caregiver registrations issued and
1,981 applications denied.

The Department of Community Health doesn't have a county-by-county
breakdown of the figures.

Bezotte said his department has yet to bust someone for smoking
marijuana, then learn the person was smoking under a doctor's consent
under the state program.

He said enforcement of the new law could become cumbersome in the
county, which has reduced his force due to budget cuts. Extensive time
could be spent verifying participants' cards, he added.

"It just creates so many more issues for us at a time when we have
less people and more things happening. It's kind of frustrating, from
our point of view," Bezotte said.

Enforcement aside, it remains unclear if the law is working as
intended. In other words, it remains unclear if people with
debilitating illnesses are gaining access to medical marijuana and
experiencing physical relief from the drug.

Those eligible for the program must have or be treated for ailments
that fall within three categories of debilitating illnesses. The list
includes cancer, glaucoma, Crohn's disease, agitation of Alzheimer's
disease and AIDS.

The state law doesn't allow the Department of Community Health to
supply patients with seeds or starter plants, or give advice on how to
grow medical marijuana.

This is one of several "gray" areas in the medical marijuana law, said
James McCurtis, department spokesman. McCurtis said the department
doesn't know where to obtain seeds or how to grow the plant in the
first place.

"We don't know what kind of results the people are seeing," he said,
but "the program is doing what is was intended to do, which is to
provide an avenue for people to use medical marijuana."

He said the department may refer patients to the Michigan Medical
Marijuana Association, an organization in favor of access to medical
marijuana.

"That's not up to us. That's up to the person to figure that out," he
said.

"We do have enough to present a backlog," McCurtis
added.

Greg Francisco, president and founder of the Michigan Medical
Marijuana Association, said access to medical marijuana is more than a
"gray" area. It's making it nearly impossible for the elderly and
others unfamiliar with the drug to access it, Francisco said.

He said those approved for the program often have a difficult time
getting their doctor to confirm their condition is eligible for
marijuana use.

The lack of information has led to several businesses that charge
those eligible for the program to find seeds and learn how to grow
marijuana, Francisco added.

"It's a major stumbling block. There are some people who don't have
those established networks, and they're at the mercy of the
marketplace," he said.

The law doesn't protect users or caregivers from federal prosecution,
or from having their marijuana seized by federal authorities under the
federal Controlled Substances Act.

"You are taking a chance. You are taking a risk," McCurtis
said.

"The law is what it is," he added.

Francisco said proponents next want to see a nonprofit system to
dispense all components of medical marijuana to those eligible for the
program.

He said proponents want to place an inititive on the November ballot
that, if approved by voters, would make it legal to set up a
dispensary system.

A separate proposal could ask voters to approve a measure that would
make policing of marijuana use by law enforcement a bottom priority if
the amount in possession is below a specified volume.

Authorities across Michigan are going through a learning curve in how
to enforce the law.

Authorities in several communities, including Southfield, Madison
Heights and Charlevoix, are investigating cases in which people have
claimed to be registered to smoke marijuana for medical purposes,
McCurtis said.

Bezotte conceded that marijuana can provide comfort to people with
health maladies, but said the is difficult to enforce.

"We're waiting for the first time that somebody calls us and wants to
us to investigate someone stealing their marijuana," Bezotte said.

"We're going to take that really serious," he joked.

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Additional Facts

ON THE WEB

The state Department of Community Health regularly updates data
related to the Michigan Medical Marihuana Program at
www.michigan.gov/mmp.

To read the Michigan Medical Marihuana Act, visit www.legislature.mi.gov,
and enter "333.26421" in the "MCL Section" box. On the next page,
click on "Initiated Law 1 of 2008" to read the act.

For more information on the Michigan Medical Marijuana Association,
visit www.michiganmedicalmarijuana.org.