MEDICAL MARIJUANA LAW CONTINUES TO SPAWN CONTROVERSY, COURT HEARINGS

GRAND RAPIDS - Daniel Benac of Cadillac left his medical marijuana
documents at home when he lit a joint in his pickup outside the
Leelanau Sands Casino.

It didn't seem like a big deal.

But because he was on tribal lands, a simple trip to a euchre
tournament eventually turned into a federal case after police cited
him for three marijuana cigarettes in his pocket.

Benac said he told police and the county prosecutor he forgot his
documents showing he was approved to use medical marijuana. He faxed
his documents, but was told they were too blurry.

In late January 2010, federal prosecutors charged him with a Class A
misdemeanor for possessing marijuana on lands held in trust for the
Grand Traverse Band of Ottawa and Chippewa Indians. Prosecutors
ultimately dropped the charges, though not before Benac had to appear in court.

Benac said the case should have been dropped once he faxed his documentation.

"I served our country during the Vietnam War. I'm a tax-paying, good
law-abiding citizen." He said he uses medical marijuana because of
chronic back pain from a degenerative disk disease.

"I have a lot of pain - that's all I use," he said. "I was out
medicating, if you will."

The case created one of the many controversial issues arising out the
state's new medical marijuana law.

Locally, a retired attorney is suing Wyoming after the city banned
use of medical marijuana, while townships and cities are scrambling
to develop policies to cover those who grow marijuana for
state-approved clients.

In a case that has attracted national attention, federal prosecutors
in Grand Rapids are trying to enforce a Drug Enforcement
Administration subpoena requesting state records of seven people on
the state medical marijuana registry who are under investigation in
the Lansing area.

Three medical marijuana advocacy groups filed challenges, objecting
to the state's release of information because they say it would
violate privacy provisions in the law.

A showdown looms Tuesday in U.S. District Court, where a judge could
decide if records of the seven will be opened to federal authorities.

State Attorney General Bill Schuette didn't challenge the subpoena.
He sought judicial cover by saying the state would turn over records
if ordered to do so by a judge. And, he wants immunity for state
workers who provide the information.

The advocacy groups, including one seeking to legally intervene,
called for the subpoena to be quashed. Whether the groups have any
standing in the case is to be decided.

Their challenge is expected in a case like this, said Curt Benson, a
Grand Rapids attorney and professor at Thomas M. Cooley Law School.

"They have to challenge the subpoena because this is a crossroads,"
Benson said.

In the end, he thinks a judge will order the records turned over to
the federal government. He noted that many think previous court
decisions siding with states would seem to bolster the case to quash
the subpoena, but he said the circumstances in those cases differed
from facts in this case.

Benson said former U.S. Attorney General John Ashcroft demanded
strict enforcement of federal marijuana laws, regardless of state
laws allowing medical use. It resulted in sweeping requests for
private information.

In this case, the DEA is seeking specific information on specific
people, not trying to fish through the registry, Benson said.

"The government's not just saying, 'Give us all your patients.' It's
very specific individuals, apparently because of a running, criminal
enterprise. The law protects the privacy of innocent people, not
guilty people."

Benson said he has to wonder how important the information is, given
that the DEA issued the subpoena in June.

While federal law prohibits marijuana, the Obama administration said
it would not crack down on state-approved medical marijuana users.
That's the current policy.

But Benson said it could "change in one election."

Benac, the Cadillac man, couldn't imagine his three joints would turn
into a federal case. In the end, when federal prosecutors received
proper documentation, Benac, forced to stand before a judge in the
Grand Rapids federal courthouse, saw his charges dropped.

"Pursuant to ... Federal Rules of Criminal Procedure, the United
States Attorney for the Western District of Michigan hereby moves to
dismiss the information against the above defendant without prejudice
for the reason that the government has received proof that the
defendant has applied for and received a Medical Marihuana Program
permit from the State of Michigan," Assistant U.S. Attorney Jeff
Davis wrote in a March 22 filing.

Benac liked the outcome, but not much else. He was at the casino with
his wife and his parents, and had to leave.

He said he still owes on a $2,500 bill for his attorney. He kept
thinking his case would be settled short of court, but once he faced
federal charges, he thought, "That's serious."

Benac thinks some in authority refuse to accept that marijuana can be
used as medication.

"This is legal for (licensed) people, yet these (licensed users) are
all walking on pins and needles."