MEDICAL MARIJUANA ACCESS DENIED TO WESTERN MICHIGAN UNIVERSITY
STUDENT ON PROBATION

KALAMAZOO -- Jon Fillinger admits he acted irresponsibly last
Halloween. But the college student doesn't believe taking away his
medicine should be part of his punishment.

Fillinger, a 20-year-old student at Western Michigan University, was
issued a citation for being a minor in possession of alcohol on
Halloween night after attending a party. That was followed by
additional charges of attempted assault and giving a false name to a
police officer.

Doctor's Recommendation

But despite his legal problems, he thought nothing of continuing to
use medical marijuana. Fillinger, of Waterford Township, received a
doctor's recommendation to use the drug last August. His medical
marijuana patient ID card arrived in late December.

Michigan's medical marijuana law states that a doctor's
recommendation can be used as a temporary proof of eligibility for
medical marijuana use until an actual card arrives in the mail.

Before his first drug test in mid-November -- required as part of his
six-month probation sentence for his Halloween night offenses --
Fillinger told his probation officer he was a medical marijuana
patient. He was using the drug to treat chronic pain in his shoulder,
pain he said he's dealt with nearly all his life and that makes it
nearly impossible to sleep at times.

Another Failed Drug Test

The test came back positive for marijuana, and the probation officer
told him Kalamazoo County District Court Judge Anne E. Blatchford was
not going to allow Fillinger to continue using medical marijuana
while he was on probation.

He failed another drug test in early December.

So he stopped using the drug. But after his card arrived, he began
using again, believing he was protected. He tested positive for
marijuana for a third time in early January.

"If the state didn't want me using medical marijuana, then why did
they give me the card?" asked Fillinger, who added he hasn't used
medical marijuana for nearly a month. "I don't think I'm breaking the
law. I'm really baffled by all this."

At a hearing Thursday, Fillinger said Blatchford told him that an
agreement under which the charges against him would be dropped if he
successfully completed probation, which has included counseling,
would be revoked if he continued using medical marijuana. He said he
was told jail time also would be a possibility.

Kalamazoo County Chief Assistant Prosecuting Attorney Carrie Klein
said even though Fillinger is a registered medical marijuana patient,
that doesn't mean he can continue to use the drug if a judge orders him not to.

"When someone is on probation, the judge has authority to put
restrictions on them," Klein said. "There are a lot of things that
are legal but can be restricted for use under probation."

For example, she said, a person over 21 who has been charged with
operating a vehicle while intoxicated can be prohibited from using
alcohol while their case is still open.

"Alcohol is not prescribed to treat a condition in this state.
Marijuana can be," attorney Daniel Grow said of Klein.

Grow, who has litigated several medical marijuana cases, said courts
across the state have ruled differently on whether someone on
probation still may use marijuana if they are a registered patient.

Fillinger's attorney, John McNeil, of Paw Paw, said the case opens
yet another gray area in Michigan's nearly 2-year-old medical
marijuana law, which has been criticized by law enforcement as overly
vague in several respects.

Medical marijuana, McNeil said, has simply not yet risen to the same
level as prescription drugs in the eyes of many law enforcement agencies.

Still, "I have to operate within the bounds of what the judge says,"
he said. "And the judge said he (Fillinger) can't use marijuana -- period."

Fillinger said he just wants to make his pain go away and get a good
night's sleep. The 800-milligram prescription pills of ibuprofen he
now uses don't come close to his medical marijuana in treating his pain.

"I feel like my liberties are being violated," he said. "I shouldn't
be prosecuted for using medicine legal in the state of Michigan. I
need that medicine. I'm in pain."