HOW TO FIX MEDICAL MARIJUANA IN MICHIGAN

Two things are clear about medical marijuana in Michigan. First,
voters more than two years ago overwhelmingly approved the use of the
otherwise illegal drug to help cancer patients and others who can
benefit from its pain-relieving, appetite-inducing effects.

Second, administration of that citizen-approved law is a mess. Local
communities are in a quandary about how exactly to regulate the drug.
Some have banned it altogether, as Wyoming did in November, in
absence of clear regulations from the state. Others, such as Grand
Rapids, have adopted zoning ordinances to ensure the caregivers who
grow marijuana are licensed as home-based businesses and do not pose
a danger to their neighbors.

This legal patchwork serves no one well. The Legislature should do
what it frequently must when voters approve new statutes - pass
enabling laws that respect the will of voters and set in place
reasonable safeguards against illegal activity. Newly inaugurated
lawmakers, along with Gov. Rick Snyder, have the opportunity to clear
away the confusing haze surrounding the law and provide the needed
guidance. The absence of legislative action has left a morass that
will ultimately be sorted out by courts - not a smart or democratic
way to cement public policy.

The law, passed by 63 percent of voters in November 2008, allows
people to register with the Michigan Department of Community Health
to become sanctioned medical marijuana patients. A registered patient
must have a medical condition defined under the law - including AIDS,
glaucoma, cancer, chronic pain and others - and be certified by a
physician. Patients are allowed to possess up to 2.5 ounces of the
drug at one time and grow 12 plants in "an enclosed, locked
facility." Qualified "caregivers" can grow plants for up to five patients.

To date 83,552 people have applied with the state to become qualified
patients and 45,808 have been granted that status. Those numbers
alone should light a fire under lawmakers. There is widespread public
demand for medical marijuana, coupled with widespread confusion about
how it should be regulated.

Federal law prohibits marijuana, although the Obama administration
has vowed not to crack down on state-sanctioned medical uses. Still,
the threat of federal enforcement may be enough to scare people away
who legitimately need the drug. In addition, state law faces
different interpretations in different jurisdictions.

A lot of questions confront those growing and using medical
marijuana. If you want to grow the plants, where do you obtain seeds
or seedlings, and is obtaining them even legal? How to guarantee that
other people in a home where marijuana is grown don't use the drug
for non-medical purposes? What about businesses that have strict
no-tolerance policies on drug use in the work place? Can those
companies legally fire workers who have the drug in their system even
if that worker is a registered patient?

The ideal would be to have physicians prescribe medical marijuana and
pharmacies dispense it, ensuring that family doctors closely
supervise its use. Under current laws, however, that would jeopardize
the licenses of those health professionals.

Meanwhile, Wyoming faces a lawsuit from the American Civil Liberties
Union for its blanket ban. Other cities and townships are debating
prohibitions and regulations.

More guidance is needed from lawmakers. The confusion, like the
number of medical marijuana users, is only growing.