MEDICAL-MARIJUANA LAW NEEDS SOME TWEAKING

A Michigan Appeals Court judge rightly has alerted state lawmakers
that the state's medical-marijuana law is a "complex maze" that needs
to be codified in order to protect people who legally can use the
drug but still may run afoul of varying interpretations.

Judge Peter O'Connell was part of a three-judge panel that affirmed a
lower-court decision to reinstate drug charges against two people in
Oakland County. Although their doctor had said they would benefit
from medical marijuana, they were caught with marijuana plants before
registering with the state.

According to an Associated Press story, O'Connell, in an unsual
30-page concurring opinion, said prosecutors, defense lawyers and
police were unsure of how to follow the law. He also said the law,
passed overwhelmingly by voters in 2008, was "inartfully drafted,"
and some sections clash with other Michigan laws. It also lacks clear
authority for doctors, people who want to use marijuana and
businesses that want to dispense the drug, he said.

Marijuana users "who proceed without due caution" could "lose both
their property and their liberty" because the law is unclear.

O'Connell said it is up to state lawmakers and administrative
officials to clear up conflicts with federal and other state laws,
and create clear rules for its enforcement. Laws passed by the
Legislature usually are researched by staff for clarity, legality and
how they compare with existing law. Ballot initiatives such as the
medical-marijuana act often don't get that kind of needed scrutiny.

"Our legislative and administrative officials must make a choice:
They can either clarify the law with legislative refinements and a
comprehensive set of administrative rules, or they can do nothing,"
O'Connell wrote. "In this situation, no decision is, in fact, a
decision to do nothing."

The lack of precedent was apparent as Traverse City worked to adopt
an ordinance regulating land-use issues tied to the act. A committee
that included medical marijuana patients and caregivers, the city
planner and the city attorney had to make decisions about where
marijuana cultivation and distribution was appropriate.

The Michigan Medical Marijuana act allows patients to possess up to
2.5 ounces of marijuana and 12 plants, and designated caregivers to
grow and distribute plants to up to five patients. That could mean as
many as 72 marijuana plants in a single-family home.

It became clear there were few guidelines; the committee also worried
an ordinance could expose the city to potential litigation if it
prevented residents from exercising a right afforded by state law.

Fixes won't be easy. Because the act was a ballot initiative,
administrative rules also may have to go before voters or get
approval from 75 percent of the Legislature.

Voters showed compassion for those suffering chronic pain or from the
effects of chemotherapy.

The state now must ensure that act of empathy doesn't have a dark side.