Nick Mordowanec and Contel Bradford 17 February 2010 News 15,041 views 4 Comments Print This Post  Email This Post

 It has been almost a year since medicinal marijuana was enacted into Michigan law, but the rules and guidelines surrounding the issue are still up in smoke.

 On Nov. 4 of last year, Michigan residents voted overwhelmingly for the Michigan Medical Marijuana Act to be put into the state legislature. 63 percent of the state’s population in 83 counties helped pass the initiative known as Prop 1, initially put on the ballot as enough signatures were gathered by the Michigan Coalition for Compassionate Care.

 Michigan is one of 14 states to have a medical marijuana program.

 More than 4,400 patient cards have been given out since April for those who need medical marijuana for illnesses and conditions, while the Department of Community Health has issued about 1,800 cards to caregivers so they can grow and sell marijuana to patients.

 And even though numerous marijuana reform organizations and medical associations helped urge voters across the state to pass the proposition and provide medicinal care for those who require it, problems are still occurring.

 Flaws Claimed

 “There are a number of holes in the law,” said Mike Shea, the Gladwin County sheriff. “One example revolves around not having a database in which it is stated who does or doesn’t have a card. All the people can do is confirm or deny having a card.”

 According to the Michigan Medical Marijuana Caregivers, there are specific guidelines named within the law. They include doctors only attesting to qualifying illnesses and not writing marijuana prescriptions, along with holders owning registration cards to possess or grow the substance. Abuse of the card, as well abusing the law itself, can result in possible prosecution and even arrests.

 However, the Gladwin police department has been well-trained on the subject of medical marijuana and has worked hard to dispel any ambiguity stemming from the proposition.

 “The Gladwin county prosecutor has taken the initiative to get all law enforcement together and tell them what the law is,” Shea said. “Members of our road patrol have had one-on-one interviews on how to handle issues like growing plants and possessing marijuana in general.

 “Our people are trained, and it is the obligation of the individual to have a card, prove they have a card and go by the requirements of the law,” he said.

 James McCurtis, spokesman for the Michigan Department of Community Health, said that there are still flaws in the system and more people will continue facing legal dilemmas if middle ground is not achieved.

 Bring on the Suppliers

 Hazel Park, a small suburban city in Oakland county Michigan, is currently toying with the concept of amending its zoning ordinance to allow growers to open up dispensaries.  Although discussions have just recently begun, the City Council is expected to consider a proposal for a medical marijuana dispensary in the very near future. 

 If approved, the facility would include a clinic, school and pickup site that would also permit patients to consume medication within the building.  Hazel Park appears quite serious as City Council member Andy LeCureaux has already showcased a few large industrial buildings to businesses interested in opening up dispensary facilities in the city.  LeCureax believes that amending Hazel Park’s zoning laws to allow a medical marijuana center would benefit the area in terms of stabilizing home values and stimulating the local economy. 

 While many cities in Michigan are at least open to the idea of permitting commercially zoned dispensaries, Livonia is not one of them.  In fact, this city has taken the stern position of banning home-based operations run by caregivers. 

 Livonia City Attorney Donald L. Knapp is completely against the concept of allowing dispensaries to operate within city borders, stating that “care-givers are dealers.”  Knapp made it clear that the city isn’t cracking down on legitimate patients in possession of marijuana , but individuals and groups who want to make a business out of both growing and distributing the drug. 

 A Ray of Hope

 Medical marijuana supporters are hopeful that the recently-opened Cannabis Café in Ypsilanti will pave the way for Michigan dispensaries.  The facility acts as a compassion club and coffee house in addition to a gathering area where medical marijuana can be smoked and transferred between caregivers and patients.

 Though definitely a bold move on part of Anthony Freed, executive director of the Michigan Medical Marijuana Chamber of Commerce (MMCC) and owner of the establishment, the cafe’s launch is not without controversy, as local law enforcement has been keeping a close watch and questioning its legality since the grand opening.  The last minute cancellation of its planned cannabis competition, which was announced as the centerpiece of the MMCC-hosted Michigan Caregiver’s Cup, held late January, provides a hint at the lingering legal conflict surrounding medical marijuana in the state. 

While cities like Hazel Park are looking to move forward and adjust their laws accordingly, Brady Zink, Michigan Medical Marijuana Association executive director, doesn’t seem to think any of those efforts will make a difference.  According to Zink, dispensary prohibition is the defacto law in Michigan regardless of what individual cities might pass. 

Will patients in Michigan ever have the luxury of purchasing their medication in fully licensed and regulated dispensaries?  It appears that the matter will have to be settled by further ballot initiatives, a change in attitude by law enforcement, or progressive legislation.