MICHIGAN MEDICAL MARIJUANA LAW CREATES CONFUSION

Unclear Statute Puts Some Legal-Pot Users' Homes, Jobs at Risk

Lansing- Fighting brain cancer was tough enough. Lori Montroy
couldn't believe she also had to fight eviction.

Suffering pain, insomnia and depression from her battle with cancer,
the 50-year-old Elk Rapids woman was threatened with eviction from
her federally subsidized apartment because she was using medical marijuana.

"I wasn't hurting anybody," Montroy said. "Why do they want to do that?"

Confusion over Michigan's medical marijuana initiative has led to
patients with valid prescriptions losing their jobs or being
threatened with eviction from their homes.

Court battles are heating up across the state, as judges, prosecutors
and lawmakers try to fill in the gaps in what some say is a vague law.

"Can you, or can't you? There is confusion in Michigan," said Jim
Bergman of the Smoke-Free Environments Law Project. "You've got a
conflict in the laws."

Michigan voters passed an initiative legalizing medical marijuana use
in 2008. The initiative received 63 percent of the vote and won a
majority in all 83 counties. After the law went into effect in April
2009, patients could apply to the state Department of Health for ID
cards that prevent them from being arrested for doctor-advised
medical use of marijuana.

Far from settling the debate, the initiative has led to courtroom
scrapes and communities interpreting the law differently.

Some communities, such as Auburn Hills, have banned marijuana
dispensaries. Ann Arbor, on the other hand, has 23.

Raids in August on clinics in Ferndale and Waterford Township
resulted in arrests and the seizure of marijuana and medical records.

An appeals court judge in that case said sections of the Michigan
Medical Marijuana Act contradict state public health codes. Judge
Peter O'Connell said the law is so confusing that users "who proceed
without caution (could) lose both their property and their liberty."

Even those proceeding with caution can get caught in the legal haze
surrounding medical marijuana.

In Battle Creek, a man with terminal brain cancer lost his job at
Wal-Mart because he tested positive for marijuana, even though he was
properly registered with the state.

Award-Winner Fired

Joseph Casias, 30, was the 2008 Employee of the Year at a Wal-Mart in
Battle Creek. He was fired in November 2009 because he tested
positive for marijuana use. Casias had been prescribed medical
marijuana to try to control pain he suffers from terminal brain cancer.

"Michigan voters decided medical marijuana use should be permitted
because they recognized its ability to alleviate the pain, nausea and
other symptoms associated with debilitating medical conditions," said
Dan Grow, a St. Joseph attorney representing Casias.

"No corporation should be able to flout state law."

Michigan's medical marijuana law shields patients registered with the
state from disciplinary action by a business for using medical
marijuana, but doesn't protect patients who use marijuana on the job.
The active compound in marijuana can be detected days after use,
making it impossible to determine how recently a patient used
marijuana or if they are under the influence.

Eviction Notice Served

In Elk Rapids, Montroy was served with an eviction notice from her apartment.

She had a marijuana plant growing in a locked closet in her home.
State guidelines mandate keeping the plant in a secured area.

In Montroy's case, the sticking point was the federal subsidy
received for her apartment. Under federal law, marijuana use is
illegal; many federally subsidized apartment complexes believe they
must follow federal laws or risk losing federal funding.

The American Civil Liberties Union of Michigan filed a lawsuit on her
behalf, and Montroy was allowed to stay in her apartment.

"We have multiple complaints from people who are doing everything by
the book and being told by their landlords they have to leave," said
Dan Korobkin, an staff attorney for the ACLU of Michigan. "Medical
marijuana patients and their caregivers are seeing their rights
violated all around the state."

More cases are likely to go to court as more apartment complexes go
totally smoke-free, said Bergman of the Ann Arbor-based Smoke Free
group. Banning cigarettes saves apartment owners the cost of new
carpet and repainting when a smoker moves out, Bergman said.

'We Need Some Clarity'

He added that allowing medical marijuana in apartments could raise
issues of fairness for neighboring tenants, who may work in a
zero-tolerance drug environment and could acquire the active compound
of marijuana in their bodies from breathing in second-hand smoke.

Medical marijuana-related evictions will rise until there is clear
definition of the law, officials say. "There needs to be a case get
to the (Michigan) Supreme Court because we need some clarity,"
Bergman said. "There's confusion out there now."

State Rep. Kevin Elsenheimer, R-Kewadin, said the Legislature needs
to address the issue. Elsenheimer opposed the medical marijuana act,
but he came to the aid of Montroy, who lives in his district, when
she faced eviction.

"It was law in Michigan, and it was voted on by the people, and it
needed to be respected," Elsenheimer said. "But this is what could
result from poorly worded legislation."

'Workable System' Sought

"We have a system of legislators who are supposed to work out these
issues," he said. "They are going to have to get involved to flesh
out this issue ... to create a workable system."

Montroy hopes the issue is resolved soon. If she had to choose
between her apartment and her medical marijuana, she's not sure what
she would do.

"I don't have a lot of options," Montroy said. "It scares me."