MEDICAL MARIJUANA PRESENTS CHALLENGES FOR LOCAL COMMUNITIES

In an action comparable to other communities Memphis City Council
members recently introduced an ordinance that could serve to restrict
the development of medicinal marijuana-related businesses through
reliance on federal laws that prohibit same.

Council members proposed to add an amendment that would read, "No
person or business shall engage in any activity, operation or business
that is in violation of any local, state or federal statute, law,
ordinance or regulation."

Mayor Dan Weaver indicated council was proposing the amendment to
safeguard against any number of concerns that could develop.

"This would cover anything that is illegal. There might be a state law
that's not a federal law and not a city law but we would like it to be
known that that has to be followed. As a city we support all local,
state and federal statutes.

"Anything that people might bring into town, this is the reason we did
this for businesses. We just don't want any illegal activities ...or
any type of businesses that run any illegal activities. We are not
trying to get rid of medical marijuana although the laws about that
are not clear right now. We are just saying you can't run a business
that has any activity that is against federal law," Weaver said.

The council's action mirrors that of many municipalities of late as
communities scramble to establish parameters while awaiting
clarification on state legislation concerning medical marijuana.

Other communities that have passed or are pondering passage of
ordinances or moratoriums that, conceivably, could serve to restrict
marijuana-related businesses include Fort Gratiot, Kimball Township,
Marysville, New Baltimore and St. Clair.

On Nov. 4, 2008, 63 percent of Michigan voters approved legislation
that legalized the use and cultivation of marijuana for medicinal
purposes in accordance with certain restrictions.

Eighteen months later the debate rages on amongst supporters and
opponents concerning the controversial Michigan Medical Marihuana Act
for what it does and does not address.

@dhead:n A long history

@body:Medicinal cannabis use can be traced to ancient civilizations
that praised the hemp plant for its physical and psychological attributes.

Egyptian and Chinese cultures used herbal therapy to ease the
suffering often associated with childbirth or bouts of depression,
while Greek, Indian and North African societies valued its analgesic,
hypnotic or pain relieving properties. It also aided in increasing
appetites, reducing irritation and alleviating nausea or
indigestion.

Native American peace pipes were used in conjunction with ceremonial
rituals and in the early 1900s Americans popularized the drug,
medicinally and recreationally, until a federal law passed in 1937
prohibited its use.

Marijuana use re-emerged during the hippie and Vietnam War decades of
the 1960s and 70s and, despite federal law that outlaws its use,
remains a popular drug of choice.

@dhead:Michigan joins the movement

@body:In 1996 California became the first state to pass legislation
concerning medical marijuana usage and, to date, 14 other states have
followed suit including Alaska, Colorado, Hawaii, Maine, Maryland,
Michigan, Montana, Nevada, New Jersey, New Mexico, Oregon, Rhode
Island, Vermont and Washington.

An overall relaxation of laws with respect to the drug seems to be
sweeping the country.

California is one of several locales contemplating legislation to
legalize and tax marijuana sales to stimulate the economy -- a move
that sounds progressively appealing to a growing number of
cash-strapped states -- even as others deliberate bills to regulate
medical marijuana use or ponder proposals to decriminalize the drug or
reduce penalties.

Punishment for a first offender of a federal marijuana possession
offense is up to one year in a federal prison and a $1,000 fine.

The federal Controlled Substances Act prohibits marijuana usage and
state law would not shield an individual in instances where federal
authorities might act but, last October, the U.S. Department of
Justice announced new federal guidelines concerning the use of federal
funding with respect to pursing actions in states that have adopted
medical marijuana legislation.

In a statement the Drug Enforcement Administration, while advocating
that federal attorneys in such states uphold federal law when
appropriate, also advised "It is not the practice or policy of DEA to
target individuals with serious medical conditions who comply with
state laws authorizing the use of marijuana for medical purposes."

One reason for the sudden onslaught of ordinances and resolutions
being passed by local municipalities seems to be the emergence of what
are, in Michigan, called compassion centers.

In March Debra and Jim Amsdill opened the Blue Water Compassion Center
at 4731 Lapeer Road in Kimball in the Sawmill Commons shopping center,
a non-profit center that is one of more than 40 such entities that
have opened in Michigan.

Debra Amsdill describes a compassion center as "a network of patients
and caregivers to offer support, education and information to
qualifying patients and other caregivers. If a patient is looking for
a caregiver or another caregiver is looking for more patients we can
often match them up together."

After opening the couple received a ticket for violating the
township's six-month moratorium against compassion centers.

"They passed a moratorium in their township after we had opened and
then gave us a ticket for not complying with their moratorium,"
Amsdill said.

"It is time for the people to speak up. Everybody is still hiding
under the blanket of 'Ooooh, baaad' but the fact of the matter is we
are your sisters, your brothers, your aunts, your uncles, cousins and
grandparents. With regard to the townships putting on their
moratoriums and stuff, it is telling the people that your vote doesn't
matter. I have a breakdown of all the counties. There wasn't one
county that was under 50 percent as far as voting it in. We envision
that the center be family-oriented. Patients that are suffering often
want somewhere to go. They may not have funds available to do a lot of
things but we encourage their families to come here with them," she
said.

A petition signed by 160 supporters indicates some citizen
approval.

"The patients and caregivers will be there to stand behind them every
step of the way," Judy Frantz of Port Huron said.

Compassion club members assemble at clubs to engage in information
sharing, social activities and, yes at some, ingesting marijuana
although the state Act prohibits smoking marijuana in public.

"A compassion club is not a public place. ...You sign up as a member
of a private club," Attorney David D. Black, a member of the Michigan
Medical Education and Defense board and whose firm has offices in
Lapeer, Macomb and St. Clair counties, said.

"What the gray area in the law is has to do with what, in California,
they call dispensaries. In Michigan they are calling them compassion
clubs. A compassion club is the closest thing Michigan knows to a
dispensary," he added.

Many feel that the dispensary situation, where storefronts appear on
any street corner, is out of control in California and have no desire
to see that happen here.

At the moment Amsdill refrains from letting members smoke at her
location but plans to in the future.

Black says the activity takes place at centers across the state and
suggests that blanket statements such as the proposed Memphis
ordinance might not prohibit such a center from opening there or elsewhere.

"That violates the Michigan Constitution and the U.S. Constitution.
What's going to happen is that it is going to go to the Michigan Court
of Appeals. All of these issues are going to be decided at the Court
of Appeals and, ultimately, the Supreme Court," he said.

The Act

The Michigan Medical Marijuana Act is theoretically designed to
protect registered patients and caregivers from criminal penalties
provided they comply with the provisions of the law.

To qualify as a medical marijuana patient an individual must apply for
registration with the Michigan Department of Community Health, Bureau
of Health Professions, P.O. Box 30083, Lansing, Michigan 48909.

A physician must certify that a patient is suffering from a
debilitating medical condition that can range from cancer to glaucoma,
HIV, AIDS, hepatitis C, amyotrophic lateral sclerosis, Crohn's
disease, agitation of Alzheimer's disease, nail patella, severe
nausea, severe seizures characteristic of epilepsy or multiple
sclerosis or other defined conditions.

The fee to apply for an identification card or renew an application is
$100 or $25 for patients who are eligible for the Medicaid Health Plan
or SSD or SSI benefit recipients.

The plan was that MMMP would review applications within 15 days and
issue a registry identification card within five days following
verification of the information but a log jam of patient and caregiver
applicants, to the tune of roughly 1,000 a week, has slowed the
process down and the wait could turn out to be months.

Prospective caregivers must be 21 or older to register and must never
have been convicted of a felony involving illegal drugs.

Gray areas

For many the image of a compassion club conjures up disconcerting
images of "places where folks are allowed to get high and then are let
loose on the public," Leo MacDuffy of Romeo said.

The Act prohibits operating a vehicle while under the influence of
marijuana.

Attorney Black says that portion of the Act presents a problem for
patients who are using responsibly.

"Marijuana stays in your system. You could be not under the influence
of marijuana and, the next day, be arrested for driving under the
influence because it was detected in your system. In a drunk driving
case, if they pull you over and you have it in your system, you are
guilty of drunk driving. But if you are sober the next day and they
pull you over, they can't say, 'Hey, you were drunk last night," he
said.

Other gray areas of the law are troubling to both supporters and
opponents.

Sean Zerilli, a promoter of healthy living and the owner of Hydro Pros
Indoor Garden Center in Chesterfield, is a licensed patient but is
hesitant to take on a caregiver status because of gray issues.

"I have thought about it and there is a good possibility I may take
that on just to help others I know who have no where to turn ...but,
at this time, I am honestly worried because the laws are so blurry.
There is really no distinct 'yes, you can do this' or 'no, you can't
do this.' They say the laws are clear but really they leave a lot of
loopholes," Zerilli said.

"A lot of patients are afraid to come out and make it be known that
they are a patient. A lot of these caregivers who are supplying the
patients are also afraid to come out because they are afraid to be
prosecuted. The state laws says that yes, these people are legal; yes
what they are doing is okay but, realistically, some police forces,
employers or others in a position of authority don't necessarily agree
with what the laws say," he added.

A mechanism for qualifying caregivers to legally obtain the means to
grow the product; an employer's ability to prohibit medicinal usage in
the workplace, and disclosure requirements are other vague issues that
need addressing.

A Richmond mother, who is not being identified at her request, is a
registered caregiver for her son, a registered patient who was injured
in an accident many years ago.

She is currently at a loss as to where to go to get started with the
cultivating process and the Michigan Department of Community Health is
not a source for such information.

Marijuana is classified as a Schedule I drug and cannot be prescribed
by physicians.

"Hopefully people will come to understand that it should be sold in
stores. You should not have to go out and deal with unsavory people
over this kind of stuff. I feel my son has made the greatest choice
available to him. His injuries are there for the rest of his life. He
has rods, he's had 24 operations. You have no idea how bad this was.
He is lucky to be alive," she said.

Prior to smoking marijuana her son was taking a variety of
prescription pain medications that would make him nauseous or "feel
off."

"I thought for the rest of his life he would be on pills. He had
chronic pain and I never thought he would be able to work. He got a
job at a factory and he couldn't stand. It was killing him and it was
breaking my heart. Now he is on his feet 50 to 60 hours a week," the
mother said.

Although he feels like a pioneer exploring new medical frontiers, her
son is hesitant to reveal his identity for fear of losing his job.

"Truthfully I wouldn't mind coming forward because I don't think there
is anything wrong with using it as a medication and if people don't
agree, they don't agree. It's an opinion.

It is like any other medicine - you have to be responsible about it
but, for the moment, it is something that I keep to myself. I haven't
told my boss," he said.

Black plans to hold a seminar in Chesterfield Township at the end of
the month to educate people about medical marijuana issues.

"What we don't want to have done is people that are legally on
medicine, just like people are legally on Vicodin, get arrested for
doing something stupid because there's lots of technicalities there.
. We are trying to line up a police officer and a prosecutor. I
don't want people to be afraid of the prosecutor or afraid of the
police. That is my message. As long as they follow the law they won't
be arrested. There are bad apples in every agency but, honestly, by
and far the police respect the law and they know this is the law."

Consult the website at blackblackandblack.com for further details
about the seminar or contact him at (810) 982-5225.

Details about medical marijuana in Michigan can be obtained by logging
onto Michigan.gov and viewing the MDCH's medical marijuana program
website.