'expert'? Calls Michigan Medical Marijuana Law A 'hornet's Nest' For Local Governments

[+EdwardGlen]

fyi;wonder how much tax payer money was wasted on this useless meeting and, who paid the 'expert' to spew the same old rhetoric. F-it start the private registry and we'll see'em enact the law as written in a heart beat...

 

http://www.mlive.com/news/kalamazoo/index.ssf/2011/04/expert_calls_michigan_medical.html

 

OSHTEMO TOWNSHIP — Michigan's medical marijuana law remains a "hornet's nest" for municipalities trying to craft local regulations, an expert told local officials Wednesday.

 

Supervisors from 11 area townships and representatives of several law enforcement agencies gathered at Oshtemo Township Hall for a presentation on the Michigan Medical Marijuana Act by Kenneth Stecker, of the Prosecuting Attorneys Association of Michigan. Stecker, described by Kalamazoo County Sheriff Richard Fuller as the "state's expert" on the act, said he has given his presentation at least 150 to 200 times to municipal groups, medical marijuana advocates and others since Michigan voters authorized the medical use of marijuana in 2008.

 

"The best way to describe this law is that it's a hornet's nest," Stecker told the Oshtemo Township group, which included about 40 members of the public, Wednesday. "There's a lot of land mines in this law that need to be deciphered and understood."

 

Many area municipalities have struggled developing regulations. Several, including Kalamazoo, Oshtemo and Texas townships, have put in place moratoriums on medical marijuana activity while they work on ordinances.

 

Stecker said issues at the forefront currently include how to regulate dispensaries, patient-to-patient transfers, employment policies and patient-physician relationships.

 

Michigan's act does not allow a third-party collective or cooperative to transfer marijuana from a caregiver to a patient, he said, and a caregiver may only assist the up to five registered patients who have specified that person as their caregiver. Also, a representative from the state Department of Community Health, which is responsible for the implementation of the act, has said that since Michigan has not established regulatory systems, it does not allow cooperatives.

 

Isabella County court decision currently under appeal found that patient-to-patient transfers and deliveries are allowed, while Oakland, Alpena and Kent county courts have all ruled that patient-to-patient transfers are illegal, according to Stecker's presentation.

 

Yet another issue is whether employers can discipline or terminate employees for medical use of marijuana. Stecker said nothing in the act can require an employer to accommodate the use of marijuana in the workplace or employees working while under the influence. The U.S. District Court in Grand Rapids has ruled that the law protects users from arrest, but not from any employer policies that ban use of the drug, he said.

 

Stecker said one of the most important things that needs to be addressed is the bona fide physician/patient relationship, since the act does not require that recommending physicians have any history of a counseling relationship with the patient.

 

Other concerns relating to the Medical Marijuana Act include such things as use by jail inmates or patients on probation or parole, and use in day-care facilities, adult foster care homes, nursing homes, federally subsidized housing, colleges and universities, school zones and workplaces.

 

Stecker said there are five approaches municipalities can take: wait and see what happens in the Legislature and courts; enact a moratorium; acknowledge the state law in the zoning ordinance; prohibit medical marijuana businesses; or regulate them.

 

Some municipalities that have prohibited or regulated medical marijuana operations have faced challenges in the courts. The American Civil Liberties Union, for example, has sued the cities of Birmingham and Bloomfield Hills for allegedly violating patient rights and has also joined a lawsuit against the city of Wyoming.

 

Stecker said there has been some interest by state legislators in amending and clarifying the act. He noted, however, that amending it would require approval by three-fourths of the membership in both the state House and Senate.

 

For municipalities taking the wait-and-see approach, legislative change may be a long time coming, according to Stecker. In the meantime, court cases and appeals could determine answers to many of the questions.

[+Silverblue]

"Expert" (someone who will say what they wanna hear.) SOMEONE NEEDS TO BE PROPERLY INFORMED! It's DISGUSTING how OUR TAX DOLLARS ARE BEING WASTED!!! GRRRRRRRRRR!!!!!!

Sb

[LansingAreaCaregiver]

I love how the expert is from the "prosecuting attorney's association." That's like asking a Catholic priest about methods for preventing child molestation.

[JimD]

Here's the catch 22 in my mind. If this law is so flawed and needs clarification, fixing, whatever...then why are we not presuming innocence in every marijuana case until it is? The bottom line is that voters approved the use of it by some people in this state, if we are unsure of whom and under what circumstances then we shoul be erring toward innocence instead of guilt. Too bad that no one is being held accountable for the money LE, PA and politicians are wasting on persecuting law abiding people.

[LansingAreaCaregiver]

Here's the catch 22 in my mind. If this law is so flawed and needs clarification, fixing, whatever...then why are we not presuming innocence in every marijuana case until it is? The bottom line is that voters approved the use of it by some people in this state, if we are unsure of whom and under what circumstances then we shoul be erring toward innocence instead of guilt. Too bad that no one is being held accountable for the money LE, PA and politicians are wasting on persecuting law abiding people.

 

Because as Jessica Cooper said, we need to think of the children!

 

[CedarSpringsCG]

This is one of those times when waiting because you think it will fail in the ballots screwed over politicians. They all assumed it would fail, not win by one of the biggest margins in the country. So by not allowing MMJ and setting laws themselves, they are now in a position where they can't screw with it. unfortunately I semi-agree that there is a LOT of grey area in the law. And where I would love to have it fixed, as long as they don't take away rights to fix it.

 

Right now we have to wait for a judge to decide what the act says. Some judges act favorably, because they know this is for the good of seriously ill people, some don't care and will rule against anything that is Marijuana related. I would really rather not let my fate be decided by if a judge is MMJ friendly or not.

 

I wonder, if we the people enacted this law, can we amend it in 2012? So, the leaders of the MMJ community, we know where the problems are, can we amend the wording to clarify things, then put it on the ballot in 2012, and all it needs is a 51% vote to get amended? i mean it really would be pretty easy if we are telling people that this will bring clarity to the law so as to reduce the illegal activity, the law is already there, they can't remove it, but even people who don't want it, would possibly vote yes to amend it. And if we write it up, we can ensure that our current rights are not taken away.

 

I would say if we go that route, that we should be willing to compromise on things, and keep open minds, like not completely banning dispensaries, but maybe put in that each locality can decide to allow or disallow dispensaries. Anyway, just brain dumping, I'll stop./

[Captain Obvious]

Because as Jessica Cooper said, we need to think of the children!

 

 

What about the Puppies, we need to think of them also.

[+EdwardGlen]

I love how the expert is from the "prosecuting attorney's association." That's like asking a Catholic priest about methods for preventing child molestation.

 

 

Ouch! true...but ouch!

[AmishRnot4ganja]

Here's the catch 22 in my mind. If this law is so flawed and needs clarification, fixing, whatever...then why are we not presuming innocence in every marijuana case until it is? The bottom line is that voters approved the use of it by some people in this state, if we are unsure of whom and under what circumstances then we shoul be erring toward innocence instead of guilt. Too bad that no one is being held accountable for the money LE, PA and politicians are wasting on persecuting law abiding people.

 

 

Exactly. Why don't "they" have some sort of legal pow-wow and sort out all the questions involved with this law instead of shooting people first and asking questions later. Do they take some sort of perverted glee in ruining people's lives? Why can't they sort all of these things out first and then let everyone know what the rules are so we can avoid problems? It is going to take years to sort things out through the courts. I hope that everyone who gets caught up in their perverted meat grinder gets compensated for injuries.

[Willy]

Exactly. Why don't "they" have some sort of legal pow-wow and sort out all the questions involved with this law instead of shooting people first and asking questions later. Do they take some sort of perverted glee in ruining people's lives? Why can't they sort all of these things out first and then let everyone know what the rules are so we can avoid problems? It is going to take years to sort things out through the courts. I hope that everyone who gets caught up in their perverted meat grinder gets compensated for injuries.

 

Yes they do get a perverted glee in ruining people's lives. There bullys.

[JimD]

Do they take some sort of perverted glee in ruining people's lives?

It certainly is beginning to appear that way! I cannot understand why elected and leo officials can't just sit down with advocates and negotiate the terms of their surrender to a voter approved law in short order. It really is like the kid who got beat on the playground so he's taking his toys and throwing a fit. I do not understand, I just don't.

[bobandtorey]

Exactly. Why don't "they" have some sort of legal pow-wow and sort out all the questions involved with this law instead of shooting people first and asking questions later. Do they take some sort of perverted glee in ruining people's lives? Why can't they sort all of these things out first and then let everyone know what the rules are so we can avoid problems? It is going to take years to sort things out through the courts. I hope that everyone who gets caught up in their perverted meat grinder gets compensated for injuries.

 

 

ruining people's lives gee we know about this one we will never be the same oh and their are other here not just us we are inn this War Big time

[TimmyHill]

I love how the expert is from the "prosecuting attorney's association." That's like asking a Catholic priest about methods for preventing child molestation.

now that's funny