CONTROLLED SUBSTANCE LAWS "HAZY"

I cast my vote for the 2008 presidential election as an absentee. That
year, I voted for Nader and both Michigan ballot initiatives (medical
marijuana and stem-cell research). I must be the liberal scum that's
threatening "American values" ("U.S. values," more accurately, if you
wish to respect Canada and Mexico -- which I do).

I was among the 63 percent majority of Michiganders that approved the
ballot initiative legalizing marijuana to treat the chronically ill in
our state. This law permits licensed patients with illnesses like
cancer, H.I.V. and multiple sclerosis -- and their caregivers -- to
acquire or grow medicinal cannabis to ease the pain of those and other
diseases. But political meddling has eroded civil liberties granted by
what was a straight-forward law with a simple goal: to lessen suffering.

Recently, an appeals court interpreted the sale of medicinal marijuana
at the Compassionate Apothecary, a Mount Pleasant dispensary which
took a 20 percent share of the profits of marijuana which patients
paid for, on the grounds it created a "public nuisance" in granting
services to approved med-marijuana card holders.

The ruling that the apothecary was in violation of state controlled
substances laws set a precedence which police across the state have
used as an impetus to raid and close it and numerous other
dispensaries. The non-existence of transactions for marijuana leaves
card holders in a paradoxical state where it is legal to have and use
medical marijuana, but illegal to obtain it through commerce.

The controlled substances laws in the state of Michigan do not bar the
sale of marijuana, just the transfer or delivery of the substance, and
sale is not included in the Michigan medical marijuana legislation.
Transfer and delivery are, however. This is a main point of confusion.

The medicine itself, the three appellate judge panel said, cannot be
sold, though the law voters passed in 2008 granted that services
provided by caregivers, dispensaries in this case, can be compensated.
If not by cash, then what? Perhaps medical marijuana cooperative
programs are the solution, or a new model of licensed treatment
facility with new legislation for allowable locations where patients
could receive care.

Zoning rules might help to alleviate some of the rancor towards
dispensaries, allowing them to be naturally incorporated into the
society in ways that communities can independently approve. This would
also allow those within the margin that did not approve the medical
marijuana law their moral victory.

As of yet, lawmakers offer no suggestions to the confusion, only
denigration to the sick simply for wanting to ease their pain.

Remember when I said I voted absentee? Well, my travel plans fell
through that week.

There is a point to my satirical self-deprecation, though, and it is
this: my civil disobedience -- voting absentee by choice -- it harmed no
one.

But this civil-servant "civil disobedience" is denying thousands their
legal right to medicine to treat symptoms such as chronic pain, nausea
and seizures.

Michigan Attorney General William Schuette championed the recent
appellate ruling. He, like most Michigan elected officials, does not
like even the possibility of medical marijuana. He has stated this
many times, in many ways, throughout his political career. That is
fine. But when two-thirds of a state votes something into law and you
quibble and distort a debate, characterizing medical dispensaries as
"pot shops" and "drug houses," that is irresponsible political
grandstanding. It is sanctimony.

With this column, I almost assuredly recuse myself from future
reporting upon the issue, but I think and hope that this address might
be able to demonstrate the fact that your very human rights are being
stripped away by cranky, aging hypocrites.

When this issue is published, Sept. 7, you can join the Michigan
Medical Marijuana Association ( http://michiganmedicalmarijuana.org )
at the state Capitol in Lansing. We can show legislators that the
rights voted into law by 63 percent of the state will not be violated.

You may also be interested in contacting your state representatives
with your concerns over this obstruction of civil liberties, or send
your regards to Mr. Schuette, whom can be reached in the following
ways.