THE LEGITIMACY OF MEDICAL MARIJUANA CLINICS

Editor's Note: This is the second story in a two-part series about
the use of medical marijuana in Michigan.

Legislators are currently taking a closer look at a law passed by
Michigan voters to legalize marijuana for medicinal purposes.

The law, they say, leaves plenty to be defined, including just what
defines a genuine doctor patient relationship. Acquiring a
state-issued medical marijuana card takes a certificate signed by a physician.

Since the law passed, legislators question reports of doctors setting
up clinics in hotel rooms, signing certificates allegedly without
looking at medical records, or those going to specialized clinics to
get their certification.

What legislators are trying to determine is: Do those certifications
represent a genuine doctor-patient relationship mentioned in the law?

But medicinal marijuana supporters don't see an issue with clinics
that require medical records and prior diagnosis, but sign off on
certification for patients whose personal doctors may not support the
use of the drug as treatment.

In St. Joseph, Sean Erhard runs the Three M Center in St. Joseph, a
clinic that sees patients who are interested in acquiring a medical
marijuana card for treatment purposes.

"At Three M Center we require proper medical records. End of story;
have a nice day," Erhard said.

Having opened the center four months ago, Erhard said he's turning
away more patients than he's able to certify and he's booked 60 days
out. There are four doctors at the Three M Center; he said and one
licensed practical nurse who sees patients prior to meeting with a doctor.

Erhard said the first question asked of patients is: "What were you
diagnosed with and how do you feel medical marijuana would benefit you?"

If the diagnosis falls under what is outlined in the law (common
medical conditions include AIDS, cancer, glaucoma or a medical
condition that causes chronic pain) and the patient has already been
diagnosed by a personal physician, the next step is looking at
attempted treatment, Erhard said.

"In addition, there needs to be some kind of treatment that is in
place or has been in place," he said. "That includes physical
therapy" or other prescribed medications such as Vicodin or Percoset.

"Some of the doctors have been reluctant to refer us to patients,"
Erhard said, "because they don't understand - they're sort of under
the impression that I'm here to take their patients. That's incorrect.

"If they are willing, if they're pro-medical marijuana ... we are
here to try to help the patients because so many of these narcotics
and chemically made things that they give everyone, the side effects
are horrible."

Erhard wants more people to educate themselves on the law both for
the patients' sake and for those members of law enforcement who
essentially become entangled in the process.

"It's my responsibility to educate the community, whether its law
enforcement or other doctors, so people don't have to be scared,"
Erhard said. "The majority of the people that come into my clinic,
goodness gracious, some people just have six months to live."

Erhard hosts a local compassion club meeting at the Three M Center
twice a month for caregivers and patients.

He insists on seeing medical records before any payment is made for a
visit and certification, but he also says he tries to expedite the
process for those in severe pain or need.

For some patients suffering from AIDS, cancer or glaucoma, Erhard
said, "these people can barely even make a car ride to the clinic,
and it goes very quickly for them."

The Berrien Springs native said he also "goes above and beyond" the
current state law by asking for a voluntary 90-day follow up, which costs $35.

"I want to know after 90 days that people have started their
medicating and that things are going in the right direction," Erhard said.

But for all involved, the trouble doesn't fade once the medicating begins.

That's where some of the trouble starts for law enforcement.

Cass County Sheriff Joe Underwood said his biggest problem is not
knowing who is approved to be in possession of the narcotic and who is not.

There's no reference list for law enforcement agencies to track who
are approved cardholders and who possesses the drug illegally.

When his department receives a complaint, he said, his deputies must
respond in full to that complaint.

"We get search warrants," he said, only to arrive at a suspect's home
and find he or she is an approved cardholder.

That can put a strain on departmental resources.

"It hurts our resources, certainly," Underwood said. "If we knew
someone was operating within the law," there would be less time and
essentially money wasted.

"I think there has to be some better regulation, checks and
balances," Underwood said. "And right now there are none, other than
they can get a marijuana card. And it's up to them to be in
compliance, and we have no way of knowing if they are or not."

State Sen. John Proos, R-St. Joseph, said he expects in the next six
to eight weeks the introduction of bills that would "address what we
see as shortfalls and further guidance to the department of community
health in this arena."

With so many questions and concerns still swirling around the law, he
added he believes a majority of voters would agree to further
examination of its overall use.

"I think they would probably want to know that it was regulated
appropriately," Proos said, "and that physicians are doing their due
diligence in reviewing medical histories."