cannabisnews.com: Medical Pot Legal Today ... but Not Really
Medical Pot Legal Today ... but Not Really
Posted by CN Staff on December 03, 2008 at 19:56:04 PT
By John S. Hausman, The Muskegon Chronicle
Source: Muskegon Chronicle
Michigan -- Is medical marijuana legal in Michigan today? Well, kinda ... but kinda not. Don't light up just yet.While the law approved by voters Nov. 4 took effect today ((Thursday)), no one can start smoking -- at least legally -- until spring, the deadline for the Michigan Department of Community Health to develop administrative rules. Even then, patients with a qualifying illness would need a doctor's permission and certification by the state to partake.
In November, voters overwhelmingly approved the question of whether seriously ill patients should be able to possess marijuana. Michigan became the 13th state to legalize medical marijuana.But it has raised questions for patients, police and prosecutors -- with courts possibly asked to provide the answers. It was one of the concerns when area police chiefs announced strong opposition just before the vote."We're just not sure how it's going to shake out," said Muskegon County Sheriff Dean Roesler. "The proposal was pretty unclear in terms of how and what can be used."Everybody's in limbo, hoping the Department of Community Health will come up with rules." Roesler said statewide law-enforcement groups such as the Michigan Sheriffs Association are expected to develop some kind of enforcement policy that gibes with the health department's rules."I think there's going to be a lot of confusion on the part of people thinking that marijuana is now legal," Roesler said.It isn't, at least in the eyes of law enforcement, the sheriff said."It's going to be business as usual until we're told different on how to handle it," Roesler said. "It's going to be a learning curve for everybody."For instance, lawmakers previously outlawed drivers having any level of illegal drugs in their systems. What happens if a legal marijuana user drives and gets in a crash a couple of days after smoking the drug?"If it's determined people have marijuana in their system, criminal law now says zero (is the only acceptable level), no exceptions," Roesler said. "So the Legislature has a lot of work to do."Another issue for sheriffs is jail policy."One of the dilemmas I have is, what if a person gets booked into the jail that's on medical marijuana?" Roesler said. "That's a smoke-free facility to start with, and certainly we have rules about contraband in the facility."Other issues the sheriff sees: Under Michigan law, there's still no legal way to acquire marijuana, or even seeds to grow your own. "Who's going to be the authorized suppliers? Who's going to monitor them?" Roesler said.Muskegon Police Chief Tony Kleibecker also said his department is continuing drug enforcement as it always has. "All the chiefs across the state are waiting for more information," Kleibecker said. "From our standpoint, nothing changes (today)."Allegan County Prosecutor Fred Anderson said: "There's a conflict there, and we're not sure how it's going to be sorted out."Anderson said prosecutors statewide -- along with the Prosecuting Attorneys Coordinating Council -- are studying the issue. They expect to hold training sessions before people legally can light up."I don't know if anyone has any expectations as to how this is going to go," Anderson said.Muskegon's hospital network, Mercy Health Partners, also is waiting to see what happens next spring. "It's not like somebody can use at this point," said Mercy spokeswoman Anita Varela. "Anyway, it looks like a bugaboo from the standpoint of where the patient's going to get it."Some have questioned the referendum's wording, and McCurtis said legal fights are expected."We don't know what's going to happen. It will be up to law enforcement to charge a person, up to county and state prosecutors to charge the person, and try it in court, to answer the unanswered questions the law has."Despite her support for legalized medical marijuana, Debra Negen-Brink, a cancer survivor and registered nurse in Grand Rapids, has concerns about the new law.Where would a senior citizen get the drug? How could a debilitated person be expected to cultivate his own plants or obtain seeds just to get started?Brink, 50, with children in high school and college, wouldn't think of asking them to score her weed. She doubted the elderly would turn to adult children or grandchildren, either."It should have been dispensed in little joints in a jar," Brink, who does not use marijuana, said Tuesday."So we would know what the quality is, and have some regulation. You have to obtain it illegally. Once you get it, it's fine."Brink used marijuana in 1979 while undergoing chemotherapy for leukemia. It proved a godsend, she said. Nothing else worked to stop her from vomiting every 15 minutes for hours on end.She publicly backed the effort by Michigan Coalition for Compassionate Care to allow medical marijuana.Source: Muskegon Chronicle, The (MI)Author: John S. Hausman, The Muskegon Chronicle Published: Wednesday December 03, 2008Copyright: 2008 The Muskegon ChronicleWebsite: http://www.mlive.com/chronicleURL: http://drugsense.org/url/44kDc9A9CannabisNews Medical Marijuana Archiveshttp://cannabisnews.com/news/list/medical.shtml
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Comment #23 posted by FoM on December 05, 2008 at 07:24:49 PT
afterburner
When I first walked into a really big health food store back in PA years ago I saw big jars of all kinds of different medicinal herbs. Most herbs were sold by the ounce and were put in a baggie. The prices were very low and easy to afford. This was before I had a computer but when I saw all these big jars of herbs on shelves I thought maybe someday Cannabis will be sold this way too. We have a lot of wild american ginseng growing in our woods. The price is high if we felt like harvesting it but we never have. Someday we might need to sell ginseng and it will be there for us. If the laws are changed it will be very inexpensive to mass produce. I look towards that time. Maybe it won't happen but it would make me happy to see Cannabis sold like other quality medicinal herbs.
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Comment #22 posted by afterburner on December 05, 2008 at 01:19:46 PT
FoM #21 'price going down' & John Tyler #20: taxes
I bought one kilo of generic cheerios yesterday for $3.49 retail (Canadian dollars). Plus, that ground cinnamon I bought 4 days ago was priced at $23.57/kg. Let the 'free' market rule on medical cannabis! Think of all the money saved on court costs and transportation costs. A new business model, indeed. It's coming.fight_4_freedom #17I'm happy for your mom. 'Oh what a Beautiful Day!!!' Your dedication to helping her and other sufferers is admirable.
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Comment #21 posted by FoM on December 04, 2008 at 19:00:30 PT
John Tyler
I think the price going down would stop a lot of those who are making a lot of money selling marijuana. It could easily become so inexpensive it wouldn't be worth the hassle. When the price drops if the laws are changed people could share it like people have always done with their vegetable gardens.
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Comment #20 posted by John Tyler on December 04, 2008 at 18:34:12 PT
tax or not tax
Should cannabis be taxed? Well, if it is going to be sold in stores, etc. then it will be subject to regular sales taxes, if they apply in that state. You could probably buy it over the internet and avoid state taxes though. Politicians may want to try to put an additional “sin tax” on it like alcohol and tobacco, but it would have to be reasonable or people wouldn’t buy it. You could of course, grow your own. That would be fun and free. I think people would buy a lot of it too, so they could try out different verities etc. There are also the people that aren’t interested in gardening. The price would definitely go down. That would be good for consumers, but maybe not so good for the current producers. They would have to change their business model. Overall though the whole industry would thrive and bloom. The people and the country would be better off. The LA Times article seemed a little bit flaky to me. Reaching a conclusion based on one unknown person’s research. That seemed too weak to be considered good journalism. It should have been balanced out with comments from Ed Rosenthall, or NORML or MPP or Marc Emery or somebody else?
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Comment #19 posted by FoM on December 04, 2008 at 11:25:20 PT
fight_4_freedom
It is a beautiful day.
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Comment #18 posted by FoM on December 04, 2008 at 11:10:12 PT
Should We Tax Pot?
When people can grow their own like a person can make wine and beer the price will fall and tax revenues wouldn't amount to much in my opinion. If the money isn't there anymore people will stop growing large plots in National Parks I think.http://www.latimes.com/news/politics/la-oe-morrison4-2008dec04,0,2721587.column
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Comment #17 posted by fight_4_freedom on December 04, 2008 at 11:10:09 PT
They are going to take as much time as they
legally can to start the medical marijuana program. They hate the fact that we won and they are still having trouble accepting it.But today is a good day, as my Mom can legally ingest our favorite God-given plant to help with her MS. Oh what a Beautiful Day!!!http://www.youtube.com/watch?v=u6FwEJwwYcQ Beautiful Day- U2
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Comment #16 posted by FoM on December 04, 2008 at 10:56:46 PT
I Don't Understand
The republicans didn't win this time. Why are republicans so concerned about what Obama does? I wouldn't have considered bothering George Bush with demands when he became president. I don't think trying to push President Elect Obama around will make him listen. I think he will listen to the people who think like him about the social issues surrounding marijuana laws.
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Comment #15 posted by fight_4_freedom on December 04, 2008 at 10:53:44 PT
Hope
Just like you said, they have to allow people to be able to go back and forth to work, otherwise they won't get their money.I'm sure if they knew they were going to get their money regardless, they'd take the license away completely, no exceptions.But they gotta have that moola!!
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Comment #14 posted by FoM on December 04, 2008 at 10:50:04 PT
Hope
I saw it.
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Comment #13 posted by Hope on December 04, 2008 at 10:49:13 PT
Speaking of "Pete's couch"...
There's an article up over at DrugWarRant that links to "Black police association writes to Obama to oppose Ramstad".http://snipurl.com/75gou
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Comment #12 posted by FoM on December 04, 2008 at 10:44:50 PT
Hope
I think you're right. That's another reason to change the federal laws concerning marijuana.
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Comment #11 posted by Hope on December 04, 2008 at 10:43:43 PT
They're "Clueless", because they want to be.
"It's going to be business as usual until we're told different on how to handle it," Roesler said. "It's going to be a learning curve for everybody.""All the chiefs across the state are waiting for more information," Kleibecker said. "From our standpoint, nothing changes (today)."
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Comment #10 posted by FoM on December 04, 2008 at 10:40:00 PT
fight_4_freedom
I guess if they take a person's license for 6 months the only option will be for them to spend the time on Pete's Couch.
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Comment #9 posted by Hope on December 04, 2008 at 10:34:41 PT
The six month revocation of driver's licenses
applies here in Texas, too. I think.It's because of the feds. They have a deal where if the states don't do the license revocation thing, they lose all federal highway funding, which is significant. In a state where there is very little, if any public transportation and everything is pretty far flung from everywhere else, it's a serious problem.One thing that I think they do here in Texas, though... and I wouldn't swear to it, is that they allow, in at least some situations, driving to and from work. They seem to be aware that the gotta let them make some money to pay all the fines and fees and crap they lay on them.
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Comment #8 posted by fight_4_freedom on December 04, 2008 at 10:14:48 PT
Always a catch
So even though they go lightly with the fines and probation for possession, they swipe your license just so you aren't getting off TOO easy. lol
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Comment #7 posted by FoM on December 04, 2008 at 10:02:35 PT
fight_4_freedom
Yes. That is how it has been since the 70s. I don't know if it happens frequently though.
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Comment #6 posted by fight_4_freedom on December 04, 2008 at 09:59:30 PT
Are you saying a person can lose his/her
license for simply being in possession?
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Comment #5 posted by FoM on December 04, 2008 at 09:46:41 PT
fight_4_freedom
I can't answer your question but even though a person can pay a $100 fine for anything under 100 grams in my state and it is treated as a civil penalty a person can lose their license for 6 months.
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Comment #4 posted by fight_4_freedom on December 04, 2008 at 09:08:44 PT
I wonder if there are any other medical
cannabis states that also have the same type of unfair, drugged driving laws. This will surely cause many problems in the future unless our state does something about this unjust law.
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Comment #3 posted by fight_4_freedom on December 04, 2008 at 08:57:40 PT
The ball is already rolling
Today is the first official day that patients here in Michigan will be allowed to use their medical use of marijuana as a defense in court. Hoorayy!!!!!!The Hemp and Cannabis Foundation opened the first Medical Cannabis clinic here in Michigan this morning. Things are starting to get interesting.FOR IMMEDIATE RELEASEPress Conference Announcement: 10:00 AM, Thursday, December 4, 2008, EMC Conference Room, Suite 200; 2000 Town Center, Southfield MI 48075Michigan's Proposition 1 Takes Effect Tomorrow, 12/4/2008Physician Authorizes First Patients for Medical Marijuana in MichiganA national nonprofit organization, THCF Medical Clinics, opens a new medical marijuana clinic Thursday at 2000 Town Center in Southfield. Eric Eisenbud, MD, along with the executive director of THCF, Douglas P. Stanford, and several medical marijuana patients are holding a press conference at 10 AM in the EMC Conference room at Suite 200 in 2000 Town Center in Southfield.Michigan's marijuana law takes effect tomorrow and Dr. Eisenbud will issue the first authorizations for patients who have qualifying conditions under the new law.THCF Medical Clinics have helped over 45,000 patients obtain their state's permit for medical marijuana. The Hemp & Cannabis Foundation (THCF) has offices and has helped implement the medical marijuana laws in seven other states: Oregon, Washington, Colorado, Montana, Hawaii, Nevada and California. Dr. Eisenbud has helped over 3,000 medical marijuana patients in Colorado and Montana.THCF Medical Clinics does not provide medical marijuana to patients, but provides physicians who can help qualified patients get state authorization. Initially, our patients will receive a physician's statement that exempts them from prosecution and allows them to raise an affirmative defense for medical marijuana if they are currently being prosecuted. In April 2009, the Michigan Community Health Department will issue new forms and procedures to begin issuing Michigan Medical Marijuana Registry Identification cards. When those forms are available, Dr. Eisenbud will complete them for all Michigan patients of THCF Medical Clinics.Medical marijuana was approved in Michigan by 63 percent of voters in Prop 1 in November. Michigan becomes the 13th state to allow medical marijuana, in addition to California, Oregon, Washington, Hawaii, Alaska, Colorado, Nevada, Montana, Vermont, Maine, Rhode Island and New Mexico.THCF Medical Clinics contact info: Phone 800-723-0188
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Comment #2 posted by afterburner on December 03, 2008 at 21:58:49 PT
The Michigan Supreme Court Created Driving Dilemma
{
For instance, lawmakers previously outlawed drivers having any level of illegal drugs in their systems. What happens if a legal marijuana user drives and gets in a crash a couple of days after smoking the drug?"If it's determined people have marijuana in their system, criminal law now says zero (is the only acceptable level), no exceptions," Roesler said. "So the Legislature has a lot of work to do."
}Michigan's impaired driving law, as written and passed by the Legislature, explicitly excluded inactive metabolites. This accords with a scientific approach to law enforcement since inactive metabolites Do Not Impair driving performance. In its illogical and unholy "wisdom," the Michigan Supreme Court amended the legislation to *Include* inactive metabolites. Thus, the Court is responsible for the law enforcement dilemma. THC content in the blood can be measured and thresholds of safety can be established. But instead the Court approved the blunt instrument of urine testing, which reveals only previous use, not current impairment. Shame on the Court for supporting an expedient and unscientific approach to highway safety at the expense of medical cannabis patients.Michigan {
Drugged driving: This state has a zero tolerance per se drugged driving law enacted. In their strictest form, these laws forbid drivers from operating a motor vehicle if they have any detectable level of an illicit drug or drug metabolite (i.e., compounds produced from chemical changes of a drug in the body, but not necessarily psychoactive themselves) present in their bodily fluids. For more information, see NORML's Drugged Driving (DUID) report.
}
http://norml.org/index.cfm?wtm_view=&Group_ID=4544 You Are Going Directly To Jail: DUID Legislation: What It Means, Who's Behind It, and Strategies to Prevent It.
by Paul Armentano,
Senior Policy Analyst,
NORML | NORML Foundation.
NORML Report (2005)
http://norml.org/index.cfm?Group_ID=6492
{
DUID Defined ...
[1.-]Effect-Based DUID Laws ...
[2.-]Per Se DUID Laws ...
[3.-]"Zero Tolerance" Per Se Laws ...
}
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Comment #1 posted by HempWorld on December 03, 2008 at 20:26:17 PT
Marijuana, you can't have it ... even medicinally
Marijuana prohibhition stems from racism first practiced in Texas state in 1914. There is no reason not for us, the people to use this useful plant or to deny us this use. It is not deadly as cigarettes or alcohol it is in fact, healing.
On a mission from God!
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