POT SMOKE AND FEARS

Raid on Smokers' Club Highlights Legal Gray Areas

Michigan's medical marijuana community was abuzz with the news that a
so-called "smokers club" in the Lansing suburb of Williamston
Township had been raided by police last week.

The Lansing State Journal reported that the club's owner, the Rev.
Frederick Wayne Dagit, had previously claimed the Green Leaf Smokers
Club was a place where legal medical marijuana users could gather to
purchase pot from caregivers and smoke in a social setting.

However, Dagit was charged Thursday with felony drug charges that
include delivery or manufacture of more than 45 kilograms (99 pounds)
of marijuana, two counts of delivery or manufacture of 5 to 45
kilograms of marijuana, maintaining a drug house and possession of
marijuana, according to the paper.

On Saturday, the State Journal reported that authorities claimed to
have seized more than 100 pounds of "recently delivered" marijuana at
the club and at Dagit's home. Given the amount of pot Dagit is
accused of having in his possession, it may be that this bust won't
serve as a particularly good test case for determining the legality
of either clubs designed to make pot available to patients or clubs
established to provide patients with a place to partake in a social setting.

Detroit resident Tim Beck, who had a hand in writing the medical
marijuana law voters approved in 2008, said that in a meeting with
Michigan State Police early last week he was given a heads-up that
authorities were actively investigating operations where marijuana is
dispensed to state-approved card holders.

"They told us that, in their interpretation of the law,
patient-to-patient transfers were illegal, and that dispensaries were
illegal," Beck told us. "They said that there were investigations
ongoing, and that arrests would occur."

"Twelve hours later," he said, "the place in Williamston got busted."

Under the law, state-certified patients are clearly allowed to grow
their own pot or obtain marijuana wherever they can. However, the
only clearly defined legal providers for patients are registered
caregivers, who can have up to five patients and grow as many as 12
plants per patient.

Beyond that, the law approved by voters contains gray areas that many
observers speculate are going to end up being tested in court.
Falling within those potential gray areas are so-called "compassion
clubs" where patients can go to choose from a menu of different types
of marijuana.

One such club is the 3rd Coast Compassion Center in Ypsilanti.

"One would think that when reading and interpreting the law, that the
spirit and intent should be kept in high consideration," Jamie
Lowell, one of 3rd Coast's partners, wrote in an e-mail to News Hits.
"There are aspects of the law that a lot of us wish were more clear,
but when one can gain the perspective that the purpose of the law is
to pave the way for the patients, legally, participating in the MMMA,
to get an uninterrupted supply of the necessary amount of medicine to
treat their respective conditions, the 'gray areas' tend to dissipate a bit."

Beck pointed out that State Police enforcement actions are largely
driven by local prosecutors. What is considered acceptable in one
county may not be allowed in another, Beck said.

Beck is the head of a group called Cannabis Patients United, which he
described as a collection of professionals such as doctors, lawyers
and businesspeople. They've hired a lobbyist to help ensure Lansing
doesn't try to infringe on the ability of legal patients to obtain
and use their medicine.

The State Journal on Saturday quoted Ingham County Prosecutor Stuart
Dunnings III as saying the raid followed numerous citizen complaints
about what the Journal termed "illegal marijuana activity." Dunnings
also predicted that the questions in the law go beyond what the
courts can clarify: "The law is so bad that the Legislature is going
to have to act."

Along those lines, state Rep. Rick Jones, (R-Grand Ledge) last week
announced legislation to ban public marijuana clubs.

"Michiganders voted for the medical marijuana law so that people in
great pain could use the product in their own home or in a
hospice-type setting," Jones said. "They did not envision the
creation of clubs where users could get high and then drive away,
endangering people. I have no objection to pain relief in a true
medical need situation and controlled by a real doctor. However, we
do not need 'clubs' springing up in cities or next to schools."

Detroit attorney Matthew Able, who specializes in marijuana-related
cases, agreed that it would be helpful for the Legislature to clear
up confusion in regard to gray areas in the law, but he has a
radically different view than Jones of what those changes should be.

When it comes to dispensary-like operations, says Able, "what we are
seeing is an interesting patchwork based on how local officials and
local law enforcement feel about them."

The key, says Able, is for the Legislature to take a more expansive
view of the situation and amend the law to clearly allow for
operations where patients can purchase their medicine from people who
are not their designated caregivers. Such an approach would both
benefit patients and provide much-needed stimulus for Michigan's
beleaguered economy, Able says.

Along with the Legislature, activists are keeping a close eye on both
the state attorney general and gubernatorial races that are under
way. Policy directions coming from those two offices could have a
significant effect on how the state treats compassion clubs.