BAY COUNTY LEGAL COMMUNITY AT ODDS OVER MEDICAL MARIJUANA

BAY CITY - A Bay City attorney is mounting a series of challenges
that he hopes will block state court judges from prohibiting the use
of medical marijuana.

Edward M. Czuprynski has filed motions in circuit courts in Bay,
Midland and Tuscola counties, asking judges to reconsider their
decisions to forbid three of Czuprynski's clients from using medical marijuana.

The motions call into question a growing practice of prohibiting
probationers from using medical marijuana.

It's a practice that has the legal community squaring off over a
variety of issues, including addiction and rehabilitation, marijuana
as a legitimate treatment option, judicial authority and the
legislative rights of voters.

In challenging the judges' orders, Czuprynski cited a section of the
law that protects medical marijuana users from "arrest, prosecution,
or penalty in any manner, or (denial of) any right or privilege."

"It's right in the law," said Czuprynski. "It cannot be used against
a person in any way."

So far, Tuscola County Circuit Judge Patrick R. Joslyn has granted
Czuprynski's request. Motions are pending before Bay County Circuit
Judge Kenneth W. Schmidt and Midland County Circuit Judge Jonathan E.
Lauderbach.

The legality of medical marijuana is not the issue, Schmidt said.

"In probation orders, we can prohibit a lot of things that are not
illegal, per se," he said, noting that alcohol is often prohibited.

But alcohol, Czuprynski argues, is not used to treat medical conditions.

"How is (medical marijuana) different than, say, Vicodin?" Czuprynski asked.

The Case for Prohibition

Bay County Circuit Judge Joseph K. Sheeran said he's helping, not
punishing, when he prohibits medical marijuana use.

"It is their right under the law, I acknowledge that," said Sheeran.
"But, generally, I don't believe people on probation should be
smoking marijuana."

As a standard condition of probation, Sheeran orders people not to
violate any law of any jurisdiction. That includes the federal law
that makes marijuana illegal.

"About 95 percent of the people I have on probation have addictions,"
Sheeran said of his motives. "We're trying to guide them along a
different path and, ultimately, (medical marijuana) is just not helpful."

That guidance often includes court-imposed rehabilitation that is
supervised and often funded by the state, said Sheeran.

"It doesn't make sense to order substance abuse treatment then allow
someone to use marijuana," he said.

Bay City attorney Paul Beggs agrees. He said the judges who prohibit
marijuana use have the best interest of the defendants at heart.

"It is a condition of probation that people reform," said Beggs. "For
many probationers, (medical marijuana use) is masking some underlying
symptom that needs to be addressed. Many have addictive personalities."

Beggs also illuminated a common belief that the Medical Marihuana Law
drew thousands of drug abusers, with fabricated or exaggerated
medical complaints, out of the woodwork in search of a legal loophole.

"The use and misuse of medical marijuana is rampant," said Beggs.

Bay County Circuit Judge Harry P. Gill shares that opinion.

"Just because you have the card, doesn't mean you have the need,"
said Gill. "We're not going to use probation to cause people to
suffer needlessly. If people have medical documentation from credible
medical sources, we'll consider it. But if it's a sham, we won't allow it."

Patients or Potheads

Attorney Matthew R. Abel, founder of the Detroit law office Cannabis
Counsel and member of the National Organization for the Reform of
Marijuana Laws, said that's not a judge's call to make.

"Unless a judge also has a medical degree, it is our position that
the courts should not be determining what medication people can and
cannot take," Abel said. "There is a lot of push back from the good
old boy network. They just don't want people smoking marijuana."

Bay City attorney Stevens J. Jacobs says the judges are driven by a
distorted view of who uses medical marijuana.

"Many (judges) are of the opinion that people obtain medical
marijuana cards so they can legally sidestep the law," Jacobs said.
"There are honest people who have medical problems where traditional
medicines do not alleviate the pain that they are going through. The
medical marijuana actually fulfills a legitimate purpose."

Gill and Sheeran aren't convinced, and they say the ease with which
users can obtain medical marijuana certification supports their concerns.

"It's important to note that no one gets a prescription for
marijuana," Sheeran said. "It's a certification that they meet the
criteria. For $200, there are doctors who will certify that you meet
the requirements. And the criteria are rather odd."

The criteria encompass a range of conditions from life-threatening
illnesses to upset stomachs, said Sheeran.

According to Mark Gwizdala, owner of Patient Caregiver Services, a
medical marijuana dispensary at 211 Salzburg Ave. in Bay City, the
criteria are broad because marijuana is effective in treating a wide
range of conditions.

"The general public doesn't fully understand or appreciate that,"
Gwizdala said. "There is a big stigma. Most people don't make a
distinction between medical marijuana users and potheads."

Czuprynski has said that if the local judges deny his motions, he
will appeal to a higher court.

As of Feb. 25, the state Department of Community Health had processed
105,274 original and renewal applications for medical marijuana use
and issued 59,950 patient registrations, state records show.