MEDICAL MARIJUANA LAW LOOPHOLES NEED CLOSING

On Nov. 4, 2008, 63 percent of Michigan voters approved the Michigan
Medical Marihuana Act. The act, widely interpreted in jurisdictions
throughout Michigan, remains a critical point of dispute for growers,
caregivers, patients, law enforcement and government officials.

The law as written and the law as practiced in day-to-day operations
are incompatible.

Gaping holes in the legislation have left townships, counties and
municipalities to individually develop ordinances and controlling
policies for a statewide mandate, while the attorney general is
scrambling to clarify a law that he has publicly opposed.

Law enforcement officers are forced to try and enforce laws without
clear direction about possession, acceptable levels of THC
(marijuana's active ingredient) while driving, and grow operations,
requiring more time and effort that increasingly cash-strapped
departments simply do not have to spare.

Lawsuits from frustrated compassion club owners and home-grow
operations trying to comply with the law will tax local governments
budgets and staff time, as well as add a storm of resulting court
opinions and precedents.

To add more confusion to the situation, on June 29, the U.S.
Department of Justice issued a statement that no marijuana grower or
distributor is safe from federal prosecution despite any state law
that allows medical marijuana.

A new package of at least eight bills set to be introduced into the
state House would solve some of these issues, but in other cases seem
to go too far and threaten to void the will of the people. Proposed
changes include stricter patient physician relationships, zoning
guidelines that could reduce dispensaries in the state, cracking down
on drivers with marijuana in their system and making it a felony to
falsify information by physicians or patients.

With doctors able to prescribe painkillers, powerful anti-anxiety
medications and amphetamines with a single visit by a patient to an
emergency room, urgent care facility or even on a first visit to a new
doctor, we aren't clear why it should be different for medical marijuana.

Clarifying zoning guidelines for communities (as long as legal
businesses are reasonably allowed to operate), establishing reasonable
levels of THC for drivers before they are impaired (just as for
alcohol), and mandating reasonable punishments for falsely prescribing
or applying for a medical marijuana card, are all laudable objectives.
Note the repeated use of "reasonable."

The intent of voters in 2008 was clear: To allow the use of medical
marijuana to those who need it and who are monitored by a physician
with a valid prescription.

As enacted, the law simply fails to address the many valid concerns of
those who must implement the legislation while also maintaining
enforcement of state and federal drug laws.

Leaving the interpretation of the law to individual governments and
agencies is a recipe for even further confusion and conflicting
ordinances. And it will not solve the main problem of state law versus
federal law.

Legislators will be serving their constituents well by dealing with
the loopholes in the law, but should be careful that they don't take
the job too far and substitute their own opinions for a lawfully
rendered vote of the people of Michigan.