VOTERS HAVE SPOKEN: STATE NEEDS TO CLARIFY MEDICAL MARIJUANA LAW

What's shaping up to be an extensive court battle between Muskegon
Township and the Greater Michigan Compassion Club should never have
happened.

State lawmakers should have acted before now to tighten up the state's
three-year-old medical marijuana law and saved the taxpayers a lot of
money in attorney and court fees.

It's been clear since the voters overwhelmingly approved a ballot
initiative to legalize the use of medical marijuana (63 percent
supported it statewide, 67 percent in Muskegon County), that the law
needed reworking to clear up some discrepancies - particularly with
the distribution system, but also with patient identification and even
how and where those licensed to grow marijuana should get their seeds.

Bills were introduced during the last legislative session, including a
three-bill package by retired Sen. Gerald Van Woerkom, R-Norton
Shores, to clarify issues but there was no action.

So communities have been left to their own interpretations. Some have
banned dispensaries, while others are amending zoning ordinances to
control them. As communities lift moratoriums established to buy time
to write zoning ordinances, more debate has been created, which has
forced the issues into court.

In Muskegon Township, officials are suing to close the Greater
Michigan Compassion Club. The township claims the club is really a
profit-making "marijuana distribution business." The township also
claims the people buying the marijuana have no debilitating medical
condition.

The club denies the charges and maintains state law allows
"caregivers" to be compensated for costs involved in producing
marijuana for up to five certified patients and that they can sell
surplus marijuana to any certified patient, which is what they say
happens at the club.

The suit and countersuits are expected to wend their way through the
Muskegon County court system.

In the meantime, the Michigan Court of Appeals is reviewing an
Isabella County case also regarding marijuana dispensaries, People vs.
McQueen. And earlier this month, a Midland County judge ruled the
state's medical marijuana act is unconstitutional. The cases he ruled
on concerned modifying probation to allow use of medical marijuana by
a patient on probation. This also could extend to workplaces that have
strict policies prohibitting drug use.

Many other cases also are working their way through county courts
across the state.

Since the beginning, law enforcement agencies have complained about
the poorly written law. While patients have to register with the state
- - and more than 50,000 have - the cards identifying the patients don't
require photos. In order to verify the name on the card, law
enforcement has to call the state Department of Health during regular
business hours.

And there's confusion about how registered growers are supposed to
obtain seeds.

Straightening out these issues can't be that difficult. Fourteen other
states also allow medical marijuana. A study of their laws probably
would be useful.

Lawmakers need to act to assure the will of the people is met and that
law enforcement and our communities have a clear, enforceable law to
follow.