LAWMAKERS HOPE TO CLARIFY MEDICAL MARIJUANA LAW

While the medical marijuana legal questions are examined in court,
state lawmakers will study proposed legislation in 2012 aimed at
clarifying the law.

House lawmakers are expected to study a package of bills introduced
in 2011 that proponents hope will clarify ambiguities in the Michigan
Medical Marihuana Act.

Rep. John Walsh, R-Livonia, chairs the House Judiciary Committee.
State Rep. Phil Cavanagh, D-Redford, also serves on that committee.
Walsh expects to hear more public comments and receive more input in
February about the proposed legislation. Walsh said he has met with
dispensary operators, caregivers, patients and patient advocacy groups.

"We're trying to meet with everybody," Walsh said. "We're trying to
cover all potential concerns. It's a one-shot opportunity to bring
greater understanding and predictability of the law."

The proposed legislation:

Requires traditional doctor-patient relationships to end the current
practice of some doctors certifying patients for medical marijuana
without even seeing the patient or knowing the patient's medical
history. Walsh said a recent Detroit Free Press article reported that
just 55 doctors have certified about 45,000 - or 71 percent - of all
medical marijuana registrants;

Prohibits patient-to-patient transactions and requiring growers to
keep their plants in enclosed, locked facilities accessible only to
the registered caregiver or patient;

Allows access by law enforcement to the state's medical marijuana
registry. Law enforcement currently can only verify a
patient/caregiver by contacting the state Department of Community
Health and verifying an identification on the patient/caregiver's
card. It also requires an applicant include a photo during the
registration process. The specifications for the photo mirror that
for a passport photo.

Clarifies zoning guidelines as many city, village and township boards
do not know how to classify dispensaries opening within their boundaries.

Walsh said lawmakers welcome input. "Our intent is to provide
legislative framework for the predictability and guidelines for all
the state. You still have a right to use it, but we having difficulty
with the distribution issue," he said.

Livonia City Attorney Don Knapp appreciates any legislative efforts,
but wonders whether they will reach the 75 percent legislative
threshold of support required for any change on voter-initiated
measures. "I think any effort at clarity is good," Knapp said. "While
I like the fact that they are studying legislation, I'm a little
reluctant that its ultimately going to be adopted."

Dan Korobkin, attorney for the Michigan American Civil Liberties
Union, which has filed a lawsuit currently on appeal against the city
of Livonia over an ordinance that bans medical marijuana, said the
state law and voters approval of medical marijuana allows its usage
by patients without prosecution.

"If there are ways to make it better for everyone involved, that
would be great," Korobkins said. "But if legislators think of getting
rid of the law, that would go against what the vast majority of
voters wanted when they approved medical marijuana.

"I don't think they would do that. I don't think legislators are
interested in going against the will of the people."

Attorney Neil Rockind isn't a fan of the legislation. Rockind
believes the law should keep patient information confidential and
ensure medical marijuana use. Rockind believes law enforcement
agencies should not be what he called a stakeholder in this debate
after voters have approved medical marijuana and its use is permitted
under state law. "Law enforcement works for government," Rockind
said. "Their job is harder, but who cares? Why is that an issue?"

Rockind isn't optimistic about medical marijuana's future. "I'd like
to believe that legislators are going to be receptive and
sympathetic, but the attorney general is going to have to have a
change in mindset. I'm not optimistic about those things."