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Five Marijuana Initiatives On Local Michigan Ballots

Posted on | November 4, 2012 | No Comments

More Municipalities Should Follow The Lead Of Michigan Cities In Regards To Marijuana Initiatives

By Dan Riffle, Legislative Analyst, Marijuana Policy Project

On Tuesday, many Michigan voters can help shape the future of marijuana policy reform. Voters in five cities will be deciding on local initiatives relating to marijuana policy reform:

– Detroit (Proposal M) & Flint: Initiatives amending city code to remove criminal penalties for possession of less than one ounce of marijuana on private property by adults.

– Ypsilanti: An initiative making enforcement of laws against possessing small amounts of marijuana the city’s lowest law enforcement priority.

– Grand Rapids: Proposal 2, which would make possession of marijuana a civil offense, punishable by a fine only (like a traffic ticket) rather than jail time.

– Kalamazoo: An initiative that would allow up to three medical marijuana dispensaries in the city.

If all five of these initiatives pass, it would send a powerful message to Michigan’s elected officials that voters are tired of marijuana prohibition and do not think adults should be punished simply for consuming a substance safer than alcohol.

In most cases, these initiatives will appear at the bottom or end of your ballot, so please read all the way through. Visit the Michigan Voter Information Center if you need need help verifying the status of your registration or finding your polling place. Now get out and vote!

Source: http://www.theweedblog.com/five-marijuana-initiatives-on-local-michigan-ballots/

Stateside: That status of Michigan’s medical marijuana law

Posted on | November 4, 2012 | No Comments

Nearly four years ago, Michigan voters approved the use of medical marijuana by 63% making Michigan one of 17 states permitting its usage.

The law removed state-level criminal penalties for using, possessing and growing marijuana by and for patients whose doctors have granted them medicinal usage of marijuana.

Throughout the past four years, however, the law has generated a considerable amount of confusion over who can grow marijuana and what its uses really are.

To assess where the law stands today, Stateside spoke with attorney Matthew Abel and Senator Rick Jones.

Cyndy Canty: What is the process of approval to obtain medical marijuana?

Senator Rick Jones: Currently, you have to see a doctor personally and be examined.

Canty: How is the state system working for patients?

Matthew Abel: Not as well as it could be. My law partner and I sued the state recently for failure to file the annual report that is now 3 years overdue. It’s clearly a stall and there is no explanation for it.

Jones: I would support a panel to examine new conditions, but I also think the panel must examine conditions that are in the law that should not be.  A good example is glaucoma; I’ve had numerous experts testify they have had patients stop their eye drops, only use marijuana and are now blind.

Canty: Where are the biggest inherent problems in Michigan’s marijuana act?

Jones: Currently we have felons that are acting as caregivers. I think that needs to be cleared up. The people in mid-Michigan did not want so many dispensaries there.

Abel: This (where to put the dispensaries) is a zoning issue, it should be determined by the local governments. We do need to change federal law.

Jones: If there is a federal law change, I would support medical marijuana and taking it to pharmacies and dispensing it that way. What we have now is the wild, wild, west and we have a number of people that got growing cards and are using them for recreational use.

Abel: There is a lack of respect for the law on the part of law enforcement and prosecution. It is especially uneven in Oakland County. It’s gotten to the point that if you are a medical marijuana patient and you leave your grow room unlocked to go answer the door, you could be charged with a felony.

Canty: Why is there uneven enforcement?

Jones: Because the enforcement depends on the stance of the prosecutor in 83 different counties.

What does the future hold for patients suffering from cancer or Crohn’s disease?

Abel: There is a lot of science left to be done, I wish the medical community would embrace this and research it.

Jones: I am all for research and I think that any marijuana that is sold as medical marijuana should be tested. Right now, you have no idea what you’re getting.

Canty: How was a lot of this not in place before it became a law?

Jones: I think the committee that drew up the ballot initiative purposely wrote it grey because they simply want to legalize marijuana. But the way it was sold to the people of Michigan was, would this be a product that seniors or people in their late stages of life want?

Abel: I think now that people have seen how medical marijuana works for grandma when she eats a brownie and can sleep at night that they would vote in higher numbers. I disagree with the conceptualization that the law was vague, it was written in a broad manner to protect patients.

Canty: What needs to be done to make this a more effective law for patients?

Jones: I would like to see a federal law change if we’re going to have marijuana use as a medical product. I would like it to be tested and handled as any other pharmaceutical drug. I would like to see patients that want this that have appropriate diseases be able to get it at the pharmacy. I want the product to be safe and I would like to make sure we have legitimate doctors prescribing this. However, what we have now are a lot of people that have obtained cards, I believe, for recreational use. I don’t think that is what the voters want.

Abel: The government needs to follow the law. People need to understand that prohibition does not work, it never has. We are spending precious government resources when less than half the violent crimes are solved but the drug crimes are solved at huge amounts. This is a public health problem. Marijuana prohibition needs to be repealed. There is nothing wrong with responsible use of marijuana by adults.

Cameron Stewart

There are two ways you can podcast “Stateside with Cynthia Canty

Source: http://www.michiganradio.org/post/stateside-status-michigans-medical-marijuana-law

Laughing Squid / Creative Commons

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Posted on | November 4, 2012 | 2 Comments

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Michigan Medical Marijuana Lawsuit Charges State Registry Is Not Complying With State Law

Posted on | October 1, 2012 | No Comments

A lawsuit filed last week in Ingham County Circuit Court charges that the state agency responsible for issuing Michigan’s medical marijuana registry identification cards is violating the law by not properly carrying out its legal responsibilities.

The suit, filed Sept. 19 against Steven H. Hilfinger, Director of the Michigan Department of Licensing and Regulatory Affairs (LARA), and Rae Ramsdell, Director of the Bureau of Health Professions with LARA, alleges that the Michigan Medical Marihuana Program (MMMP), which they oversee, is not acting in accordance with the state’s marijuana act passed in 2008. The plaintiff in the lawsuit is Martin Chilcutt, a U.S. Navy veteran in his late seventies, who is the founder of a group called Veterans for Medical Marijuana Access.

The suit requests a writ of mandamus, a court order used to force government officials to perform their duties. Those who don’t comply risk being found in contempt of court.And it charges that the MMMP program has not established a review panel to add new medical conditions to a list allowing qualified patients to legally use pot according to the timeline set forth in state law; has not issued registry cards in a prompt manner; and has failed to issue annual reports.
There are currently 130,965 active patients and 26,896 active caregivers registered with the MMMP.

In order to get an ID card an applicant must send the registry written certification from a physician of a qualifying condition; a form providing information about themselves, their physician and, if necessary, a caregiver designated to handle and grow plants for them; a copy of photo ID; and a processing fee. Applications are supposed to be approved or denied in 15 days. There are roughly a dozen conditions or symptoms, such as Chrohn’s disease, cancer and severe chronic pain, that would qualify a person to become a patient under the program.

In an interview last August, attorney Matt Abel of Cannabis Counsel, PLC, the law firm now filing the suit, told The Huffington Post that state had not yet set up the program’s required review panel and because of that was at least two years behind in issuing recommendations to add new conditions to the program. According to a state statute that took effect in April 2009, a review panel is supposed to issue a recommendation to the Department of Community Health within 60 days of a petition being received; the department’s director is supposed to approve or deny a petition within 180 days of it being filed with the department.

The MMMP has also struggled to issue registry cards to patients in a punctual manner. In March of last year the program got bogged down with a substantial backlog after it received over 16,000 applications in one month. The agency had to purchase new equipment to keep up with the influx.

Attorney Thomas Lavigne filed the lawsuit against the MMMP. He said medical marijuana advocates decided to appeal to the courts after efforts to press the matter with the agency and state legislators went nowhere.
“They’re failing to uphold their duty to follow the law by issuing these cards in a timely manner and their time limits have long passed. It should be a no-brainer,” he said. “It’s just part of a larger pattern of complete disregard for patient and caregiver rights by the state apparatus on every level.”

State Sen. Rick Jones (R-Grand Ledge) supports the use of medical marijuana for chronic pain and cancer treatment but says the law is unclear and has sponsored a state senate bill that would outlaw its use by glaucoma patients.
Although he wouldn’t comment directly on the lawsuit, Jones was supportive of LARA’s work with the medical marijuana program.

“It is my understanding that the cards are being produced much faster,” he said. “I do know that initially when the program first started they were slow, but it’s my understanding they’re now being done in a timely fashion.”
Jones also said he was puzzled by the claim medical marijuana advocates were upset about not having access to reports from the MMMP.

“There’s been information published in the newspapers — how many cards there are and what percentages of different afflictions that they’re being issued for. I think the information is available,” he said. “I don’t understand this group’s inability to find what they want.”

LARA spokeswoman Lori Donlan told The Huffington Post in an email that the state’s medical marijuana program currently complies with the Michigan statute that concerns issuing cards in a prompt manner. She said all applications are reviewed and approved within 15 days of receipt; denials are issued and sent out in 15 days; and cards are printed and sent out within 24 to 48 hours.

In reference to the medical marijuana review panel, Donlan said the department still needs to include two more people on panel, but will schedule a meeting for before the end of the year. She added that the department willingly provides information on request and said a report will be put together “by fiscal year” and posted in the coming months.
“It was difficult to create annual reports at a time when the department had a significant backlog of applications to review and process,” she said.

“When creating a new program it is difficult to estimate the number of participants and with the high volume of applications combined with the challenges in processing thousands of requests per month, the department has worked through these issues.”

LARA had no comment about the recent lawsuit, which they said was being reviewed by the Attorney General’s Office.

Source: http://www.huffingtonpost.com/2012/09/27/michigan-medical-marijuana-lawsuit-lara-registry_n_1917200.html

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Posted on | September 30, 2012 | 2 Comments

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