medical marijuana

medical marijuana
9:03 am
Mon April 4, 2011

ACLU of Michigan to take medical marijuana case to Michigan Supreme Court

The ACLU of Michigan hopes to take a medical marijuana case to the Michigan Supreme Court
Kevin Connors MorgueFile

The Michigan Supreme Court may soon hear its first case on the state’s medical marijuana law.

Larry King of Owosso has a medical marijuana license from the state.  He was charged with a felony by the Shiawassee County prosecutor for growing marijuana in a locked dog kennel that did not have a roof. The Circuit Court dismissed the case, but the Court of Appeals reinstated the felony charges.

Dan Korobkin is an attorney with the American Civil Liberties Union of Michigan. He says the prosecution shouldn’t charge King with a felony because King is legally allowed to grow marijuana:

“Instead of simply telling Mr. King that he needed to move his plants inside, or put a roof over it, they’re now prosecuting him on felony drug charges for the same offense that he would be charged with if he never had any medical marijuana card at all.”

Korobkin said Michigan voters approved the medical marijuana act to protect patients that were approved to use marijuana for medical reasons.

“We’re representing him because the prosecution of a medical marijuana patient who is complying with the law is a gross injustice and thoroughly undermines the intent of the voters in passing the Medical Marijuana Act."

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medical marijuana
6:28 am
Mon March 14, 2011

Safe under medical marijuana laws, and driving laws?

Is it against the law for medical marijuana patients to drive if they've smoked earier that day?
Craig Finlay Creative Commons

Michigan’s medical marijuana law allows people to use the drug, but motor vehicle laws forbid driving with any marijuana in your system. The legal battle could head to the State Court of Appeals.

Rodney Koon was pulled over for speeding a little over a year ago. Officers in Traverse City found a pipe in his pocket so he showed them his medical marijuana card. The Traverse City Eagle-Record says Koon was charged with driving under the influence of a schedule one controlled substance (others include ecstasy, heroin, and LSD) after a drug test revealed he had marijuana in his system.

A county judge ruled the state’s medical marijuana law protects Koon from prosecution. He said prosecutors need to have more solid evidence a driver is impaired while driving. State driving laws say people can’t drive with even a trace amount of schedule one controlled substances in their system.  

Michigan Attorney General Bill Schuette is supporting the Grand Traverse County Prosecutor’s appeal to the State Court of Appeals. He says Koon isn’t “being prosecuted for using marijuana, but for driving shortly after using it.”

Science/Medicine
10:18 am
Wed February 16, 2011

Access to medical marijuana uneven

Confusion continues to reign over medical marijuana dispensaries
Dominic Simpson flickr

There are still some open questions about how the state will implement its two year old Medical Marijuana law.

The state has not said how dispensaries of the drug should be regulated so some cities allow the dispensaries and others do not.

These differences have put a few cities in court. Advocates say the state is missing an opportunity by not regulating the dispensaries.

Karen O’Keefe is with the Marijuana Policy Project, a supporter of the original law.

 

"States that have regulated dispensing, a lot of them subject medical marijuana to sales tax. Some of them also have modest business taxes and there are fees. So in addition to helping patients have access and clearing up some of the confusion that localities are facing it would help the state financially."

 

Groups on both sides of the issue plan to continue to push the state to weigh in on the issue this year.

-Sarah Alvarez, Michigan Radio Newsroom

Medical Marijuana
8:38 pm
Fri February 11, 2011

Federal judge rules against medical marijuana patient fired from Wal-Mart

Joseph Cassias outside the Federal Court in Grand Rapids in November.
Lindsey Smith Michigan Radio

Joseph Cassias once stocked shelves at the Walmart in Battle Creek. He was fired after he tested positive for marijuana. Cassias has an inoperable brain tumor and qualifies as a patient under Michigan’s medical marijuana act.

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Science/Medicine
2:59 pm
Fri February 4, 2011

New obstacles for medical marijuana plant-growers

Joe Gratz Flickr

Michigan Radio's Laura Weber reports that the Michigan Court of Appeals has ruled against growing medical marijuana plants in partially-exposed outdoor enclosures, setting a new precedent in Michigan’s medical marijuana debate. From the news spot:

A lower court had dismissed charges against an Owasso resident and medical marijuana card holder. But the Court of Appeals overturned that dismissal, and two of the three judges say the enclosure did not meet the standards set in the new law.

The medical marijuana law was approved by voters in 2008. Many lawmakers have said the law is too unrestricted and needs further clarification.

Clarification--and clarity--is an ongoing problem for medical marijuana advocates and critics in Michigan. John McKenna Rosevear wrote an article in November for arborweb.com which looks at some of the uncertainties surrounding medical marijuana. He describes Ann Arbor as a "Wild West" of in-plain-sight dispencaries and access:

The new frontier opened when voters passed the Michigan Medical Marihuana Act in 2008 (earlier laws enshrined the alternative spelling). The act protects people with "debilitating medical conditions" from prosecution for possessing or using marijuana, and sets what looked like tight controls on its production and distribution: "patients" can raise up to twelve hemp plants for their own use, or delegate the growing to a designated "caregiver."

The law says nothing about buying or selling. Yet by the time the Ann Arbor City Council hastily enacted a moratorium in August, eight businesses dispensing marijuana had already opened in the city. Anyone with a physician's recommendation can now walk in, join a "club," and walk out with up to 2.5 ounces of Blueberry Haze or White Widow--or "medibles" like marijuana brownies and rainbow-colored lollipops dosed with marijuana extract.

Roseyear's article goes on to describe how medical marijuana works--what the rules are, what kind of people are buying and who (he gets pretty specific) is selling--in Ann Arbor.

How is it affecting the rest of Michigan? What do these issues look like where you live?

-Brian Short

Medical marijuana
12:05 pm
Fri February 4, 2011

Royal Oak man sues city over medical marijuana restrictions

Neeta Lind Flickr

A Royal Oak man is suing the city over its medical marijuana restrictions, which took effect this week.

Adam Leslie Brook is a cancer patient in chronic pain who’s certified to use the drug under Michigan’s medical marijuana law. The law allows Brook to grow up to 12 plants at his home. But Brook’s attorney, Joseph Niskar, says Royal Oak’s new zoning rules bar him from doing that:

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medical marijuana
4:38 pm
Tue February 1, 2011

Decision to release medical marijuana records now in hands of judge

(photo by Steve Carmody/Michigan Radio)

A federal judge in Grand Rapids heard arguments Tuesday in a case involving who has access to patient information under Michigan’s Medical Marijuana Act.

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Medical Marijuana
4:11 pm
Wed January 5, 2011

Feds taking Michigan to court to get access to some medical marijuana records

Neeta Lind Creative Commons

Michigan’s Department of Community Health is refusing to voluntarily turn over the records of 7 medical marijuana patients to the federal government. The federal government is now taking the state to court to get them.

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Legal
3:30 pm
Thu December 16, 2010

ACLU adds Wyoming to its list of medical mariuana lawsuits

John Ter Beek says, "The fact is medical marijuana helps people; it’s helped me"
Lindsey Smith Michigan Radio

The ACLU has filed lawsuits on behalf of medical marijuana users in the cities of Birmingham, Bloomfield Hills, and Livonia after those cities effectively banned medical marijuana.

Now add the city of Wyoming to the list of cities being sued by the ACLU. The ACLU said it will represent John Ter Beek "a medical marijuana patient who fears being penalized by local officials if he grows or uses medical marijuana in compliance with state law."

The Wyoming city council unanimously passed a ban on medical marijuana earlier this month.

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Political Roundup
1:06 pm
Wed December 8, 2010

The Week in State Politics with Jack Lessenberry

Michigan Radio's Political Analyst Jack Lessenberry

Every Wednesday, Morning Edition Host Christina Shockley sits down with Michigan Radio Senior Political Analyst Jack Lessenberry to get his take on recent political news from across the state. Today, the conversation begins by focusing on Governor Granholm's expression of support for President Obama's recent compromise with Republicans. On Tuesday, Obama agreed to extend Bush-era tax cuts for all taxpayers in exchange for an extension of unemployment benefits.

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Medical marijuana
10:07 pm
Mon December 6, 2010

Despite potential legal case, recall effort, city approves medical marijuana ban

People for and against the ban pleaded their case to city council Monday
Lindsey Smith Michigan Radio

A Grand Rapid’s suburb is the latest city to adopt a ban on medical marijuana. Wyoming City Council voted unanimously in favor of local laws that reflect federal rules governing marijuana over the state’s new laws allowing medicinal use.

Mayor Jack Poll, who is also a pharmacist, says they would like to see medical marijuana dispensed as any other drug for the safety of the patient and the city’s neighborhoods.

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Medical marijuana
5:06 pm
Sun December 5, 2010

Wyoming to consider medical marijuana ban Monday

John Ter Beek in his grow room in Wyoming. Ter Beek has been a medical marijuana patient for a year and a half.
Lindsey Smith Michigan Radio

A Grand Rapids suburb will consider a ban on the state’s new medical marijuana law Monday night. Their decision comes days after the ACLU announced they’re taking three Detroit suburbs to court over similar bans.

Wyoming City Council will consider medical marijuana regulations that are similar to rules passed by Livonia, Bloomfield Hills and Birmingham. Those cities are being sued by the ACLU on behalf of a medical marijuana patient with multiple sclerosis.

Attorney and medical marijuana patient John Ter Beek lives in Wyoming. He is also considering legal action if city council adopts the rules. He has been in talks with the ACLU about taking up his case. Officials with the ACLU confirm that but say it’s too soon to say if they will.

Wyoming’s City Council unanimously favored an early version of the ban last month. They have safety concerns when it comes to distributing medical marijuana. Under the new rules, the city would follow federal law over state laws about marijuana. Mayor Jack Poll says he expects final approval despite pending court cases.

State Law
11:49 am
Wed December 1, 2010

ACLU sues cities for medical marijuana bans

Voters approved the use of medical marijuana in 2008.
USFWS

The Michigan chapter of the American Civil Liberties Union announced today that it will sue the cities of Birmingham, Bloomfield Hills, and Livonia. The ACLU is suing on behalf of Linda Lott, a 61 year-old from Birmingham who is suffering from multiple sclerosis.

In the ACLU's press release Lott is quoted as saying:

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Medical Marijuana
6:39 pm
Sun November 14, 2010

Attorney, medical marijuana patient files case against Grand Rapids suburb

John Ter Beek has 12 plants in his grow room.
Lindsey Smith Michigan Radio

A medical marijuana patient and attorney is filing suit against a west Michigan city set to ban portions of the state's new medical marijuana law.

The city of Wyoming is poised to adopt a ban on growing medical marijuana next month through zoning regulations. If it does, it would join about 30 other Michigan cities with similar rules.

Attorney and medical marijuana patient John Ter Beek spent about $3,000 to create his small grow room for 12 plants. It's in the basement of his modest two-story home in Wyoming. He intends to keep it.

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Medical Marijuana
8:43 pm
Fri November 12, 2010

Federal judge hears arguments in Michigan medical marijuana case

Joseph Casias with his ACLU attorneys after Friday's hearing in Grand Rapids.
Lindsey Smith Michigan Radio

A federal judge in Grand Rapids heard arguments today in the case filed by a medical marijuana patient who was fired from Wal-Mart in Battle Creek.

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Medical Marijuana
4:38 pm
Thu November 11, 2010

Judge to hear arguments in medical marijuana case

(lky luciano/Google Creative Commons)

DETROIT, MICH. (Michigan Radio) - A federal judge in Grand Rapids will hear arguments tomorrow in a suit challenging the firing of a medical marijuana patient.

Joseph Cassias was fired from a Walmart in Battle Creek a year ago after he tested positive for marijuana.

Dan Korobkin is an attorney for the ACLU who's representing Cassias. He says employers from across the country are watching the case.

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