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News (Media Awareness Project) - US MI: Attorney Will Spell Out Marijuana Law
Title:US MI: Attorney Will Spell Out Marijuana Law
Published On:2011-01-09
Source:Birmingham Eccentric (MI)
Fetched On:2011-03-09 17:30:23
ATTORNEY WILL SPELL OUT MARIJUANA LAW

Like many others across the state of Michigan, Matt Newburg is
surprised at how the medical marijuana debate has played out.

"I don't think anyone could have anticipated the volume of people who
applied for cards," he said. "And I don't think anyone could have
anticipated all the questions that have surfaced since the measure passed."

Newburg is a criminal defense attorney who specializes in medical
marijuana issues. He plans to discuss some of those issues in a
presentation before the Birmingham Compassion Club at 7 p.m. Monday,
Jan. 10, at the Baldwin Public Library.

"I'll talk about what the act provides for; what patients and
caregivers can and cannot do; what defenses are available at the
state level ... along with the conflict between state and federal
law," he said. "I think most of it would be questions and answers."

Voters approved the Michigan Medical Marijuana Act by a margin of
over 60 percent in 2008. The law allows designated caregivers to grow
and distribute a limited amount of marijuana to certified patients.

Since it was passed, more than 75,000 people have applied for a card
that qualifies them as medical marijuana patients.

Cottage Industry?

The growing part is easy -- it's the distribution part that has
everyone confused.

In August 2010, the Oakland County Sheriff's Department arrested 15
people during a raid of two dispensaries in Ferndale and Waterford.
Sheriff Michael Bouchard has gone on record as saying there is
nothing in the law that allows for dispensaries. Birmingham and
Bloomfield Hills also consider them illegal under local ordinances.

Chad Carr, one of the organizers of the Birmingham Compassion Club,
has a simple solution to the problem: Cut out the middle man by
eliminating the dispensaries.

"Our law would be working right now if it wasn't for the
dispensaries," Carr said Wednesday. "Our group doesn't think
dispensaries are way to go -- we support a more private situation
closely connected to the grower, where people are employed in a small
cottage industry."

Doing so, he said, would ease many fears and limit federal
regulations by avoiding commercial growing and dispensaries.

"Honestly, there's a huge rift in the (medical marijuana) community,"
Carr said. "At least 80 percent are silent -- they don't want the
hubbub. It's working out for them.

"Unfortunately there are a handful of patients -- a small percentage
- -- who are unable to be served by the caregiver model because of a
personality issue or physical one. This situation is creating a loud
noise across the entire state, even though it only involves a handful
of people."

The other problem, he acknowledged, is the number of people trying to
cash in on marijuana sales. There's also a faction trying to outright
legalize the drug.

"People are going for the gold," he said. "It's tough because those
are opposing forces -- we have common ground that marijuana should be
accessible to people, but we're opposed because we want the economy
and the industry to go in different directions."
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