medical marijuana

Medicine
2:37 pm
Wed August 24, 2011

Court says "no" to medical marijuana dispensaries

The Michigan Court of Appeals ruled on a medical marijuana case today.
user elioja Flickr

Updated at 9:57 p.m.

We have this update from Rick Pluta -

The decision leaves the discretion to close a dispensary with local prosecutors.

Isabella County Prosecutor Larry Burdick, who brought the case to the Court of Appeals, says local police in his bailiwick will start tonight delivering copies of the decision and warning letters to the "four or five  dispensaries in his bailiwick."

He says the letters warn the dispensaries they are out of compliance with the law if they accept payments for medical marijuana and, if so, they need to change their operations or shut down.

Ingham County Prosecutor Stuart Dunnings III says he's facing a more complicated situation. The city of Lansing has become a center for dispensaries. It has upwards of 40 -- some of them operate 24/7.

Dunnings says he warned city officials the dispensaries are illegal, but the city passed an ordinance allowing them. Dunnings says he intends to step carefully since the dispensary operators thought they were playing by the rules. Nevertheless, The Lansing City Pulse reports most of the  11 dispensaries on the Michigan Avenue strip directly east of the state Capitol responded to the ruling by closing their doors.   

 

Update 2:37 p.m.

Here's a video of the oral arguments made in front of the Michigan Court of Appeals on June 7, 2011.

The Court of Appeals ruled today that the marijuana dispensary in question operated in violation of the law.

People v Compassionate Apothecary from Eric L. VanDussen on Vimeo.

And here is Steve Carmody's raw interview with Michael Komorn, the president of the Michigan Medical Marihuana Association.

Komoron told Carmody that despite the ruling, dispensaries around the state will continue to operate under local implementation and interpretation of the Michigan Medical Marihuana Act - at least until the Michigan Supreme Court rules on the case.

Update 12:48 p.m.

Sarah Alvarez, Changing Gears Public Insight Analyst and lawyer, read the ruling that was released by the Michigan Court of Appeals this morning. A three-judge panel wrote the opinion (Joel Hoekstra, Christopher Murray, and Cynthia Stephens).

The case involves Isabella County prosecutors office and the two owners of the Compassionate Apothocary, a dispensary in Isabella County operating  with 345 members. Alvarez says the appeals court finds that no provision of the Michigan Medical Marihuana Act would permit for patient to patient sale of marijuana.

The dispensary is therefore found to be a public nuisance and must cease operations. (important to note this is not a criminal prosecution).

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Politics
4:17 pm
Thu July 28, 2011

Clinic offers pot to customers who register to vote

A medical marijuana clinic owner offered pot to customers who also registered to vote
User Eljoja Flickr

Authorities are looking into whether a Lansing medical marijuana clinic broke the law by offering free pot to customers who stop by and register to vote.

The owner of the clinic opposes Lansing’s new restrictive medical marijuana ordinance and has called for the ouster of city council members who supported the ordinance.

The Your Healthy Choices Clinic advertised on its web site that customers who stop in and register would get a half-gram of pot or a marijuana-laced snack item. 

It also encouraged people to vote against city council members who supported Lansing’s medical marijuana ordinance. Authorities say that may have put the clinic afoul of state election laws.

John Sellek is the spokesman for Attorney General Bill Schuette. He says clinics have mushroomed far beyond what Michigan voters intended when they approved the medical marijuana law in 2008.

“And they certainly didn’t plan for those pot shops to be handing out marijuana as party favors essentially for their own political, personal agenda.”

“Certainly in Michigan, it is illegal to pass out some kind of gift or a party favor to encourage someone to vote a certain way or to vote at all, and that is concerning to the attorney general.”

Schuette is looking into filing criminal charges. The clinic owner told a Lansing TV station there was no attempt to buy votes – only to get people to register.

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Politics
1:17 pm
Mon July 11, 2011

Marijuana stays on DEA's list of "really bad" drugs

The DEA announced that marijuana will continue to classified as a Class I drug stating the drug has "has no accepted medical use in the United States."
user eljoja Flickr

Last Friday, the Drug Enforcement Administration rejected a petition that sought to reclassify marijuana. The petition came from the Coalition for Rescheduling Cannabis and had been in front of the DEA for nine years.

From Occupational Health and Safety Magazine:

The Drug Enforcement Administration has rejected a nine-year-old petition seeking to reclassify marijuana from Schedule I of the Controlled Substances Act, holding that it meets the three criteria for placing a substance in Schedule I under 21 U.S.C. 812(b)(1):

  • Marijuana has a high potential for abuse,
  • Marijuana has no currently accepted medical use in treatment in the United States, and
  • There is a lack of accepted safety for use of marijuana under medical supervision.There are five categories for drugs under the Controlled Substances Act.
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Crime
8:50 am
Wed July 6, 2011

Ingham County judge orders medical marijuana patient jailed

(photo by Steve Carmody/Michigan Radio)

A medical marijuana patient in Ingham County is facing three days in jail for testing positive for marijuana. Livingston Thompson uses medical marijuana as a treatment for epilepsy.  Judge Richard Garcia ordered Thompson to stop using marijuana as part of a child custody case.    

But Thompson recently tested positive for marijuana, and the judge Tuesday ordered Thompson to be jailed for contempt for three days.  Matt Newburg is Livingston Thompson’s attorney.  Newburg plans to ask the Michigan Court of Appeals to stay the judge’s contempt order.  

 “The judge said…on the record…that he felt that (medical marijuana) card was a fraud…and it did not protect him.”   

Newburg says Michigan’s marijuana law protects medical marijuana patients from criminal and civil penalties.

Commentary
11:09 am
Tue July 5, 2011

Medical Marijuana

Three years ago, Michigan voters approved allowing marijuana to be used for medical purposes by a margin of almost two to one.

Social conservatives weren’t happy, and feared that this would lead to the back door legalization of marijuana for everyone. However, the public was overwhelmingly sympathetic to its use for medical reasons. That’s largely because there is considerable evidence that marijuana can relieve suffering from diseases including cancer, glaucoma, and a host of other ailments. Yet there were problems from the start with the medical marijuana law.

For one thing, it wasn’t passed by the legislature, as most laws are, but was placed on the ballot by citizens who collected enough signatures to put it there. Legalizing marijuana for medical patients required setting up a complex new system.

This had never been tried before in Michigan, and it’s evident that the framework needs to be tweaked.  For one thing, there are clearly a handful of unscrupulous doctors all too willing to certify people for medical marijuana use.

The Detroit Free Press reported that only fifty-five doctors have authorized medical marijuana for more than seventy percent of all those now eligible. Whatever your feelings about marijuana, the voters did not intend to effectively legalize its recreational use.

Nor could Michigan legally do that. Technically, any marijuana use is still against federal law, and Washington could, if it chose, move against any of the sixteen states that authorize medical marijuana. They haven’t, and even allowed a medical marijuana statute to be enacted in Washington, D.C.. But if Michigan or any other state were to openly act as if the legalization of medical marijuana meant we could establish a marijuana industry for all, the odds of federal intervention would become much greater.

On the other hand, it is clear that people do want marijuana to be available to those with legitimate medical conditions.

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Politics
5:13 pm
Tue June 28, 2011

Republicans say tougher medical marijuana regulations needed

K Connors Morguefile

Republicans in Michigan say there need to be more regulations surrounding the Michigan Medical Marihuana Act.

They say dispensaries, growers and many doctors are taking the law too far.

Michigan Attorney General Bill Schuette stood next to a map of the greater Lansing area, with 84 pushpins marking locations of medical marijuana dispensaries. He says new proposed regulations would shut down most if not all of those locations.

“No more marijuana farms. No more collective grow ops. It violates that law – making that very clear.”

 Schuette says most caregivers and dispensaries undermine the needs of terminally ill patients who need marijuana treatment by pushing the limits of the law. Legislation proposed by lawmakers in the House and Senate would further regulate who could grow medicinal pot, where it could be grown, and how it could be distributed.  

They say they have not worked with the medical marijuana community to help craft the proposals yet, but they hope to get that input over the summer.

Politics
10:30 am
Tue June 28, 2011

Michigan Attorney General releases opinion on medical marijuana

Eggrole Flickr

Michigan Attorney General Bill Schuette has issued a formal opinion that says medical marijuana growers cannot have more than 12 plants. The opinion could put out of business growing cooperatives that raise pot for multiple patients. The opinion carries the force of law unless overturned by a court. State lawmakers have also rolled out bills that would put more regulations around the voter-approved law to allow marijuana for patients with terminal or chronic conditions.

Politics
4:34 pm
Mon June 27, 2011

Legislature continues discussion on changes to medical marijuana

Chuck Caveman Coker Creative Commons

Republican state Senate Majority Leader Randy Richardville said a few months ago that he did not want to deal with any major social issues – including medical marijuana regulations – until the budget was complete.

With the budget debate behind them, lawmakers are once again looking at the Medical Marijuana Act.

The Michigan Supreme Court is preparing to decide where and how marijuana plants can be grown, and the state Senate is looking at a bill that would regulate where patients could smoke marijuana.

Bills have come up for debate that would affect everything from where a person could smoke medical marijuana, to where it could be distributed and who could distribute it.

One would prevent convicted felons from becoming medical marijuana caregivers, or distributors, and the other would make it a crime to distribute medical marijuana near a church or school.

Meanwhile, medical marijuana supporters have shown up at every legislative hearing on bills that would add regulations to the law since it was approved by voters a few years ago.

They say any additional regulations would make it harder for people who need treatment to get access to medical marijuana.

Medical Marijuana
10:31 am
Thu June 23, 2011

State Supreme Court to hear medical marijuana cases

The state Supreme Court has agreed to hear several cases that could clarify the rules surrounding Michigan’s voter-approved medical marijuana law.

A man with a medical cannabis card who grew marijuana in a backyard structure wants a court ruling that says he was within his legal rights. He was cited by police for not having the grow-area properly locked and enclosed. In another case, a man claims he was improperly charged with possession because he is a medical marijuana user – even though at the time of his arrest he had not yet obtained a medical marijuana card.

The court cases are working their way through the legal system as communities are drafting and re-drafting ordinances on the operation of medical marijuana clinics, and the Legislature is debating additional laws to stake out the rules for medical marijuana.

Politics
3:05 pm
Wed June 22, 2011

State lawmakers consider changes to Medical Marijuana Act

Medical marijuana has been legal in Michigan since 2008 but is still banned by the federal government.
Kconnors MorgueFile

Members of the Michigan legislature are considering several bills that would amend the state’s medical marijuana law. One bill would create a database of marijuana license holders.

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medical marijuana
3:55 pm
Fri June 17, 2011

Medical marijuana clubs to challenge ruling in favor of DEA

Chuck Caveman Coker Creative Commons

The Michigan Association of Compassion Clubs will fight a federal court ruling they say sets a bad precedent for medical marijuana patients.

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Politics
5:12 pm
Tue June 14, 2011

ACLU and Detroit suburb fight medical marijuana battle in court

A Wayne County Circuit Court Judge has heard arguments in a case that involves Michigan’s medical marijuana law.

The Michigan ACLU is suing the city of Livonia (and two other Detroit suburbs with similar laws) on behalf of Linda Lott, who suffers from multiple sclerosis.

Lott and her husband want to grow marijuana on property they own in Livonia. But the city passed an ordinance prohibiting any activity that violates federal law.

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News Roundup
7:26 am
Tue June 14, 2011

In this morning's news...

user brother o'mara Flickr

Michigan House to release its redistricting plan

The political boundaries in Michigan are being redrawn by the party in power, and Republicans in the State House plan to release their proposed redistricting maps this Friday.

Redrawing political boundaries is required every ten years after the U.S. Census numbers are released.

It's the first time the public will see how some Republicans plan to redraw Michigan's political maps.

Republicans in the State Senate will release their plans later.

Michigan is the only state in the nation to have lost population, so the state will lose one seat in the U.S. House of Representatives. From the Detroit News:

Congressional districts represented by Democratic U.S. Reps. Gary Peters of Bloomfield Township and Sander Levin of Royal Oak would be merged under a plan Republicans reviewed in late May that was obtained by The Detroit News.

If both wanted to keep their seat, they'd have to run against each other in a Democratic primary. The draft plan would boost GOP majorities in a number of districts, making it easier for Republicans to hold on to their seats.

After the maps are released, the House Redistricting Committee will have hearings, according to a press release by Lund.

The latest U.S. Census numbers show that populations declined in southeast Michigan and grew in the west and other parts of the state.

State Representative Pete Lund (R - Shelby Township) chairman of the House Redistricting Committee was quoted in the News article, "the maps are going to reflect where people have moved. Whatever areas lost population will lose representation, and whatever areas gained population will gain representation."

Ford shares fall after $2 billion judgment in dealer suit An Ohio judge ruled that Ford Motor Company had to pay more than $2 billion in damages to thousands of dealerships. In the class action suit, the dealers contend they were overcharged for trucks they paid for over an 11 year period. From the Associated Press

Ford Motor Co. shares sank early Monday after an Ohio judge said the automaker had to pay nearly $2 billion in damages to thousands of dealerships who participated in a 2002 class-action lawsuit. But the shares pared their losses as several analysts downplayed the news and said Ford can absorb the damages even if loses a planned appeal.

ACLU goes after Livonia's medical marijuana ban

The ACLU will challenge Livonia's medical marijuana ban in court today.

From the Detroit Free Press:

The American Civil Liberties Union will try to convince a Wayne County judge today to strike down a Livonia ordinance that bans medical marijuana in any way, shape or form.

The ACLU of Michigan, arguing on behalf of a medical marijuana patient with multiple sclerosis, claims that the Livonia measure violates the 2008 Michigan Medical Marihuana Act, which legalized medical marijuana. ACLU Attorney Andy Nickelhoff will present oral arguments at 11 a.m. before Wayne County Circuit Court Judge Wendy M. Baxter.

The ACLU is representing Linda and Robert Lott of Birmingham.

Crime
5:51 pm
Mon June 13, 2011

Feds take drug case week after big bust in Lenawee

The marijuana plants were grown in Lenawee County.
USFWS

ROME TOWNSHIP, Mich. (AP) - Federal authorities have filed charges and taken over the case of thousands of marijuana plants discovered in Lenawee County.

The government says more than 8,000 plants worth millions were found last week in Rome Township, 65 miles southwest of Detroit. Edwin and Linda Schmieding were charged in federal court Monday with conspiracy and growing more than 1,000 marijuana plants.

Agent Lloyd Hopkins says Linda Schmieding told police they were paid $500 a week for marijuana, and some pot was sold as medical marijuana.

The Schmiedings likely will appear this week in federal court in Detroit. They've been in the Lenawee County jail since June 6.

Science/Medicine
8:34 am
Sun June 5, 2011

Michigan must give feds medical marijuana records

Flickr user Chuck Caveman Coker

A judge in Grand Rapids says the state of Michigan must comply with a federal request to turn over information about the medical marijuana records of six people in the Lansing area. The Department of Community Health had refused to comply with a subpoena from federal agents without a court order. That's because Michigan's medical marijuana law has a confidentiality provision.
    

Medical marijuana
9:24 am
Thu June 2, 2011

Holland adopts home-based business model for regulating medical marijuana

Medical marijuana supporters Jon Wood and Amy Gasaway hold signs outside Holland City Hall before the meeting on Wednesday night.
Lindsey Smith Michigan Radio

New regulations for medical marijuana will go into effect later this month in the City of Holland. Holland city council adopted the local regulations last night.

Caregivers will need to register as a home based-business.

However, caregivers won’t be allowed to operate within a thousand feet of a school, public park or pool. That provision passed by a very small margin because it makes most of the city off limits for cultivating medical marijuana. 

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Politics
1:38 pm
Tue April 12, 2011

DEA raids medical marijuana dispensaries

Michigan's medical marijuana law is not protecting users and dispensaries from federal investigation
the Equinest flickr

The Drug Enforcement Agency is raiding some Detroit area medical marijuana dispensaries. The DEA says it is working with state and county officials on the raids. They would not comment further on what they say is an ongoing investigation.

Matthew Abel is a lawyer who works on marijuana cases. He says federal enforcement of marijuana laws seems to be increasing.

"The federal memo had said that generally the federal government would stay out of prosecuting medical marijuana patients as long as those operations were in full compliance with state law."

Earlier this week, a Saginaw area doctor was indicted on federal drug charges for aiding marijuana distribution. More details of the DEA’s most recent raid will be coming throughout the week.

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Politics
4:57 pm
Mon April 11, 2011

Can the state tax medical marijuana?

(photo by Steve Carmody/Michigan Radio)

The state Treasury Department says medical marijuana cannot be taxed in Michigan without a change in the law. The medical marijuana law was enacted by voters in 2008. But the law is silent on the question of taxing medical marijuana dispensed by licensed clinics and caregivers.  

James Campbell is an accountant who asked for the opinion. He says the state has not been taxing dispensaries and caregivers. But Campbell says he could not be sure that wouldn’t change.

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Commentary
10:02 am
Mon April 4, 2011

Confusion Over Medical Marijuana

Two years ago, Michigan voters overwhelmingly approved a state constitutional amendment allowing the use of marijuana for medical purposes.

Voters from liberal Ann Arbor to staunchly conservative Ottawa County supported this change.

Some, to be sure, saw this as opening the door to a complete legalization of marijuana. However, they appear to have been a minority. Most people seem to have felt that those who are legitimately suffering from disease such as glaucoma ought to be able to use the drug in cases where it could ease their pain.

But the devil is always in the details, and we probably should have foreseen that administering this law was going to be an unholy mess. Yesterday, the Detroit Free Press took a comprehensive look at how the medical marijuana law has been working.

To nobody’s surprise, their answer was: Not very well. The state is struggling with a huge backlog of applications to grow the stuff.

Prosecutors, meanwhile, have been going after people who may be falsely claiming to be growing and selling pot for medical use, and there are also rumors that certain physicians are happy to certify that most anybody qualifies to use marijuana for “medical” purposes.

On top of that, neither the constitutional amendment - or any other law - has made it clear where medical marijuana is supposed to come from. Part of the problem is that marijuana is a controlled substance whose use is illegal under federal law.

So, basically, the original source of any pot supply has got to be illegal, even if the state of Michigan approves someone to grow marijuana for medical reasons. There is also, so far as I can tell, absolutely nothing to ensure purity or quality control of the supply.

Basically, then, we’ve got a system of something approaching anarchy when it comes to medical marijuana.

So, what do we do about it?

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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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