MICHIGAN SUPREME COURT HEARS MEDICAL POT CASES

LANSING (AP) - The Michigan Supreme Court sought Thursday to clarify a
murky state law that allows medical marijuana under some
circumstances, hearing the appeals of two people charged with drug
crimes since voters approved the program in 2008.

The court heard oral arguments on two cases that could help determine
how the drug should be kept by medical marijuana users and how and
when patients must gain doctor and state approval to avoid prosecution
for possible violations.

Michigan allows marijuana to be used to alleviate the symptoms of
certain illnesses and conditions if someone gets approval from a
doctor and gets a state-issued card. People can possess up to 2 1/2
ounces of ready-to-use marijuana and have up to 12 plants in a locked
area. A registered caregiver also can grow the drug for them.

The law has sparked confusion, leading to a variety of legal opinions
and differing enforcement in various parts of the state. Justice
Stephen Markman noted that law enforcement officials may not be sure
of their requirements under the law in some cases.

"Maybe this court will give some guidance on that," Markman
said.

In an Oakland County case, the issues include when someone using
marijuana must have consulted a doctor and received a state-issued
registration card to be legally protected under the medical marijuana
law.

Alexander Kolanek says he smoked marijuana to deal with problems
related to Lyme disease. He talked to a doctor about the medicinal
benefits of pot before voters approved its legal use but didn't go to
the doctor for certification or apply for a state identification card
until after an arrest for possessing marijuana in 2009.

Kolanek sought to get charges dismissed under provisions of the law
that provide some defense for patients who don't have state-issued
registration cards but meet certain criteria for medical use of
marijuana. The Michigan Court of Appeals declined to dismiss the drug
possession charges, ruling that a person must obtain physician
approval after the law was approved and before an arrest.

The second case deals with requirements for keeping marijuana in an
"enclosed, locked facility" under the law.

Larry King of Shiawassee County had a valid medical marijuana card but
was charged with drug manufacturing because his plants were kept in an
outdoor, locked chain-link dog kennel. The appeals court majority held
that did not satisfy the legal requirement that plants be kept in an
"enclosed, locked facility." Another question in King's case is
whether he could seek to build a defense under provisions of the law
for people who don't have state-issued registration cards but meet
certain criteria for medical use of marijuana.