Triston Cole: Fixing Marijuana Law 'easier Said Than Done'

[bobandtorey]

Following a second round of medical marijuana dispensary raids in Otsego County in less than a year, some are calling for changes to the existing law, although a local state lawmaker says it is not that simple.

Bruce Block, a defense attorney from Grand Rapids, deals often with medical marijuana cases and said the state Legislature needs to fix the Michigan Medical Marihuana Act and eliminate different gray areas he pointed out.

 

State Rep. Triston Cole, R-Mancelona, said that is easier said than done.

“This is such a complex issue,” Cole said. “Everything they are doing is illegal, bottom line, because this is illegal at the federal level.”

Michigan’s state medical marijuana law legalizes the use of the drug under prescription guidelines despite the federal ban.

Block previously explained the law protects registered caregivers and patients, as long as the caregiver dispenses to no more than five registered, medical marijuana card-carrying patients and follows the other rules as stated under the law including:

— Possessing no more than 2.5 ounces of marijuana for each registered patient

— Possessing no more than 12 marijuana plants per registered patient, in addition to 12 plants for themselves

Under the law, Block said a registered patient can have one registered caregiver and possess no more than 2.5 ounces of marijuana.

If those conditions are followed, Block said the law protects the patients and caregivers from arrest and prosecution, though they could be eligible for protections under a section printed later in the legislation.

Section 8, titled “Affirmative Defense and Dismissal for Medical Marihuana,” includes no limitations on how much marijuana a caregiver or patient can possess, Block said. It also gives no restrictions on how marijuana can be grown and no limit on the number of registered caregivers a patient can have as long as the amount of marijuana involved is not “more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient’s serious or debilitating medical condition.”

The law essentially splitting into halves — the first being the immunity section and the other covering defenses that are applicable in some instances — has added to the confusion. Block previously urged state lawmakers to address the problems he sees in the state law.

Because of federal law banning cultivation and possession of marijuana, Cole said lawmakers have to be cautious.

“The biggest thing people have to remember is this is federally illegal,” Cole said. “Any time the state, municipalities or counties go against federal law, ties to federal funding is put in jeopardy. That’s why you don’t see studies on this. We have to be careful that this doesn’t come down and impact our local communities.”

With that being said, after speaking with local law enforcement following the latest set of raids, Cole said the law is fairly clear. He said as long as patients and caregivers follow the law, there should be no issues.

“If it truly is about medicine, patients can get it if the caregivers abide by the law,” Cole said. “There would be no problems, there would be no raids.

“I am on board with very limited, strict, medical use for patients where it has shown benefits. I’m not OK with marijuana being prescribed for every little ache and pain.”

When asked if he would support legislation that would clarify or add to the Michigan Medical Marihuana Act, Cole said he would first have to review it before deciding. He did say, however, that he would be critical of any state legislation that goes against federal law.

If the law changes at the federal level, then he said it would be prudent for the state to further examine the medical marijuana laws and what is and what is not considered legal.

 

http://www.petoskeynews.com/news/politics/triston-cole-fixing-marijuana-law-easier-said-than-done/article_e56d4fc8-0771-5219-9e1e-6ac4959e89f1.html?mode=story

 

[AmishRnot4ganja]

These Republicans need to work on something called "consistency". It would help to make their statements more understandable.

 

They are not consistently in favor of federal dominance when it comes to law. For example, they are in favor of states rights and state law dominance when it comes to certain issues like abortion and guns, but their tune suddenly changes when it comes to marijuana.

 

This always leaves me scratching my head and wondering why they can't see the hypocrisy they are drowning in.

[bobandtorey]

Feel free to leave  them a commit to show how you  feel about their Law's and dealing with cannabis and the sick who care fro them we all should let the news papers know 

 

i know i do 

 

Thanks

[+Malamute]

These Republicans need to work on something called "consistency". It would help to make their statements more understandable.

 

They are not consistently in favor of federal dominance when it comes to law. For example, they are in favor of states rights and state law dominance when it comes to certain issues like abortion and guns, but their tune suddenly changes when it comes to marijuana.

 

This always leaves me scratching my head and wondering why they can't see the hypocrisy they are drowning in.

 

 

 They aren't positions they believe in, they use them as mere excuses for what they do if convenient.

[Indigro]

These Republicans need to work on something called "consistency". It would help to make their statements more understandable.

 

They are not consistently in favor of federal dominance when it comes to law. For example, they are in favor of states rights and state law dominance when it comes to certain issues like abortion and guns, but their tune suddenly changes when it comes to marijuana.

 

This always leaves me scratching my head and wondering why they can't see the hypocrisy they are drowning in.

In addition to this is the fact that the fed gov currently takes the official position that if citizens of a mmj State are abiding by those State laws, then the fed will not interfere or intervene. That is a federal nod to go ahead and enact State laws. His main obstacle doesn't even exist.