ACLU TO CITY: RETURN MEDICAL MARIJUANA

Says Royal Oak Man's Pot Was Illegally Confiscated.

The American Civil Liberties Union of Michigan is urging the Royal
Oak Police Department not to seize medical marijuana from registered patients.

In a letter sent Tuesday to the police chief and city attorney, the
ACLU said the city isn't abiding by the law passed by 60 percent of
Michigan voters in 2008.

The ACLU is asking Royal Oak officials to return medical marijuana
that it says was illegally confiscated from Christopher Frizzo, 46,
during a traffic stop last month or to compensate him for the loss.

Dan Korobkin, ACLU of Michigan staff attorney, said Royal Oak's
police actions reflect a misunderstanding of this new law.

"The Michigan Medical Marihuana Act is clear: if you are a registered
medical marijuana patient and you have less than 2.5 ounces of
marijuana, it doesn't matter where you got it from -- it can't be
taken from you and you can't be arrested," Korobkin said.

Royal Oak City Attorney David Gillam said he received the letter in
an e-mail Tuesday morning.

"I did receive the letter and I will review it with the chief of
police," Gillam said.

On Jan. 11, Frizzo, a Royal Oak resident and registered medical
marijuana patient who has multiple sclerosis, was stopped by police
for an improper lane change on Woodward Avenue. Frizzo admitted to
the officer that he was carrying a small amount of marijuana and
showed him his registration card. The officer then confiscated the
medical marijuana because Frizzo's supplier is not officially
registered as his caregiver.

Following this incident, Police Chief Christopher Jahnke told the
Daily Tribune the officer was obligated to confiscate the marijuana.
The chief said the 7 grams of marijuana Frizzo

possessed wasn't for medical use in the eyes of the law.

"He told us he got it from someone other than a caregiver," Jahnke
told the Daily Tribune. "His marijuana -- not his medical marijuana
- -- was taken because he got it illegally."

In its three-page letter dated Feb. 16, the ACLU said the Michigan
Medical Marihuana Act prohibits such police action.

Citing the act, the letter says: "Any marihuana ... that is
possessed, owned, or used in connection with the medical use of
marihuana, as allowed under this act, or acts incidental to such use,
shall not be seized or forfeited."

The letter is signed by Korobkin and Michael J. Steinberg, ACLU of
Michigan legal director.

The ACLU lawyers said the state act marks a change in Michigan drug
law and requires local officials to make adjustments to their law
enforcement practices.

"Law enforcement officials must follow the law as it is written, not
as they may wish it to be," Korobkin said.

The ACLU wants Royal Oak to train officers and provide assurance
medical marijuana won't be seized again during traffic stops.

"Innocent registered patients who are complying with the law
shouldn't be subject to arrest or having their medical marijuana
confiscated," Korobkin said.

The ACLU also is asking city officials to return the medical
marijuana to Frizzo or compensate him for it. Korobkin didn't know
the value of the 7 grams.

Earlier this month, Frizzo said he wanted to talk to the ACLU because
he wondered if Royal Oak police broke the law in seizing his medical marijuana.

"The police have to enforce laws, but I was protected by a law to
possess that marijuana," Frizzo said. "We need to resolve this issue
or a lot of patients will suffer. If I have to go somewhere, I can
transport it. If I accomplish anything, I want to put aside fears
that people will be stopped and their medical marijuana will be taken."