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News (Media Awareness Project) - US MI: OPED: State Should Set Up Dispensary System
Title:US MI: OPED: State Should Set Up Dispensary System
Published On:2010-12-02
Source:Detroit Free Press (MI)
Fetched On:2010-12-02 15:00:31
STATE SHOULD SET UP DISPENSARY SYSTEM

Since Michigan's Medical Marijuana Act was signed into law in April
2009, one question has stood out among registered patients interested
in medical marijuana: Where do I start?

New patients may not know where and how to acquire medical marijuana,
how to get started growing their own, how to find a caregiver or even
the various methods of ingestion, of which smoking is rarely used for
medicinal purposes.

Adding a dispensary-type model, layered on top of the existing
Michigan Act, could put many of law enforcement's concerns to rest.

From a legal standpoint, the Michigan act does not speak to
dispensaries directly. It also does not specify how patients or
caregivers may acquire or grow marijuana. Instead, it provides
protection for those assisting patients and caregivers in obtaining
cannabis. Such transactions provide immunity from arrest and
prosecution and require charges to be dismissed if it can be
established that a patient is sick and would benefit from medical marijuana.

This is how the Waterford and Ferndale facilities operated - under
the protection of and in compliance with the Michigan Medical
Marijuana Act. Patients were required to show registration cards
prior to being allowed entrance and limited to purchasing 2.5 ounces
of medical marijuana, per Michigan law.

Other dispensaries statewide operate under similar parameters, many
with the approval of local law enforcement and municipalities.

The model nationwide is also proven, showing its effectiveness in
states like California, Rhode Island and Colorado, the latter of
which heavily regulates medical marijuana seemingly with approval
from the federal government. This year, Colorado has collected more
than $2.2 million in sales tax from dispensaries.

In Michigan and the other states mentioned above, medical marijuana
is legal. Regardless of federal statutes, registered patients in
Michigan have a legal right to acquire, use and benefit from medical
marijuana. Any argument to the contrary or citing of federal law as
justification for arrests directly violates the 10th Amendment to the
U.S. Constitution, which states it is unconstitutional for a state to
use its resources to enforce federal law.

Creating dispensaries in Michigan not only complies with the Michigan
act, it creates an entirely new business opportunity for the state's
residents. From vacant real estate to establishing a new taxable
entity, dispensaries make sense from a financial standpoint.

Enhancing patient and caregiver safety is another benefit of
dispensaries, creating a secure facility where patients can be
educated on what works best for their ailment, learn various ways of
ingestion and not be forced to obtain their medicine in a back room
or parking lot.

Opponents of dispensaries in this state seem to be opponents of
medical marijuana in general. How else can one explain the lack of
desire to provide safe access to reliable, consistent medication for
patients? Or the mind-set to prevent an incredible business
opportunity to flourish after more than 60% of voters approved the
use of marijuana as medication?

State or local ordinances can define dispensaries, establishing a
precedent in how they may be run, including the amount of usable
marijuana on site, number of patients allowed in the facility at any
one time, and security requirements.

The people of Michigan have spoken in favor of medical marijuana. It
is time to further refine medical marijuana operations without
changing the protections and intent of the original law.

We in the medical marijuana community continue to ask for a dialogue,
including working for a consensus on dispensaries, and creating a
system that benefits all, while keeping patients and caregivers safe.
Let's stop using law enforcement resources to arrest and prosecute
patients and focus on establishing an expanded, safer distribution system
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