THE PEOPLE HAVE SPOKEN ON MARIJUANA; THE COURTS NEED TO CATCH UP

The recent decision of Muskegon Circuit Court Judge James Graves to
shut down yet another medical marijuana safe access point in Muskegon
County has frightened patients. ("Judge makes closure of
medical-marijuana dispensary in Norton Shores permanent," Nov. 18.)
With only one of these safe access points left in Muskegon County,
patients now fear having to go to black market dealers to acquire
their medicine, at least until their own plants will provide them with
their medicine of choice.

I don't agree with this. When a case like this goes into court, the
ruling is not supposed to be based on opinion, but the actual written
law itself. It is the court's job to interpret the actual language
contained in a statute. Yes, the law says that a caregiver can only
possess 2.5 ounces of marijuana for up to five patients that he or she
is connected to through the registration process, and that a caregiver
may only grow up to 12 plants for each patient. But, Section 4(e) of
the law states that a caregiver may receive compensation for costs
associated with assisting a qualified registered patient, and that any
such compensation shall not constitute the "sale" of marijuana.

It does not specify in this section of the law that patients must be
connected to the caregiver through the registration process.
Furthermore, when addressing the caregiver in the actual wording, the
term "primary caregiver" is used throughout. The term primary
ultimately signifies the presence of secondary or even third-party
caregivers.

Let's say that a newly registered patient was linked up with a
caregiver through a compassion club, but the patient and caregiver
live on opposite sides of the state. Naturally, this would result in a
conflict of schedules as far as the patient getting his medicine.

But. there's another caregiver who lives in the middle of the state
and travels to both sides of the state. The ideal situation here would
be for the two caregivers to meet up and make the transfer first, to
where the one caregiver can get the marijuana to the other caregiver's
patient.

So long as the person who transfers the medicine to the patient is a
licensed caregiver, this is completely legal under the Michigan
Medical Marihuana Act.

For Judge Graves to make this ruling based on the Appellate Court's
opinion, goes against what we the people voted for, which was safe
access to marijuana without prosecution. Not only does this decision
undermine the will and understanding of the voters, but it compels
people to believe that the law has changed simply because of the
opinions of three judges on the Appellate Court panel. This is most
definitely not the case.

Soon, a class action lawsuit will be filed against the state, and I am
going to be honored to be a part of it. Patients do not deserve to be
treated as criminals for following a people's initiative that was
approved by the voters at a whopping 63-37 margin.

I think it's safe to say the people have spoken. Now is the time for
the people to fight back and remind our government that this is still
a nation "of the people, by the people and for the people" and that
the Constitution gives the people rights.

This is not solely my own opinion as I speak for more than 1,400
people in Muskegon County alone.

Derek Antol

Muskegon