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Michigan Medical Marijuana Act

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Dozens of people showed up in Lansing Friday to urge the state to allow medical marijuana use for post-traumatic stress disorder.

The state Bureau of Health Care Services held a meeting to collect public comment on adding PTSD to a list of allowable conditions.        

Marte Hughson is a former emergency room nurse. She said she’s been using marijuana medicinally since she was forced to leave her job and move from her home in Flint.

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Bills in the state House would let insurance companies deny coverage for medical marijuana.

Employers could also refuse to reimburse medical marijuana expenses through workers compensation.

Opponents of the legislation say it discriminates against a legal form of patient care.

Republican state Senator Rick Jones said many opponents of the bills simply want to abuse the system.

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A Michigan judge has ruled against the state Attorney General’s office in a series of criminal cases brought against four employees of Lansing-based medical marijuana dispensaries.

Lansing District Court Judge Hugh Clark Jr. dismissed the felony drug-dealing charges last week, saying the state’s medical marijuana law "screams for legislative clarification in numerous areas."

The Lansing State Journal has more:

The case surrounded multiple purchases of marijuana last year by four undercover police officers at HydroWorld locations on South Martin Luther King Jr. Boulevard and West Barnes Street.

They bought about 1/8-ounce of marijuana each time.

The Attorney General’s office filed charges against the employees, saying that the undercover officers were able to purchase marijuana even though they didn’t have state-issued medical marijuana cards.

The officers, according to testimony, filled out applications for the ID cards and a doctor — without ever seeing the officers — approved them.

Clark based his ruling on a recent Michigan Supreme Court decision that said a doctor’s diagnosis serves as a defense against possession charges for someone without a medical marijuana card.

The Attorney General’s office may seek an appeal, while civil lawsuits seeking to shut down the HydroWorld locations are still pending, the Lansing State Journal reports.

- Jordan Wyant, Michigan Radio Newsroom

Lindsey Smith / Michigan Radio

Michigan’s Court of Appeals has struck down a city ordinance banning medical marijuana. Supporters of the voter approved medical marijuana law are calling it a huge victory.

The Grand Rapids suburb of Wyoming is one of several Michigan cities or townships that have restricted the medical marijuana act voters passed in 2008.

Wyoming resident and medical marijuana patient John Ter Beek sued the city in 2010. Shortly after the ACLU joined the case.

(photo by Steve Carmody/Michigan Radio)

The Michigan Supreme Court today will consider a case that affects the 131,000 medical marijuana patients in Michigan. The case centers on where patients can grow their marijuana.   

Larry Steven King grew his medical marijuana plants in a locked dog kennel at his home in Owosso. King has a medical marijuana card. But police charged him with growing marijuana illegally. The kennel did not have roof.  

Prosecutors say that means it did not meet the state requirement for an ‘enclosed, locked facility’ . 

Attorney John Minock represents Larry King. Minock says the problem is with the Michigan Medical Marihuana Act, which he says is vague on what exactly an ‘enclosed, locked facility’ actually entails.   

“Larry was trying to comply with the law, as he understood it," says Minock, "The law on this area is not really clear.” The case split the lower courts. The trial court dismissed the charges, finding that the marijuana had been stored properly. But the Court of Appeals sided with prosecutors that the kennel did not meet the law’s requirements.

Steve Carmody/Michigan Radio

A Lansing attorney believes Michigan’s Attorney General is trying to dismantle the state’s medical marijuana law.   

Thursday, Attorney General Bill Schuette issued a formal legal opinion that police officers may seize pot from medical marijuana patients. In the opinion, the Attorney General says police could face federal drug charges if they return to the marijuana to the patients.   

Attorney Eric Misterovich represents medical marijuana patients. He believes the attorney general will next try to stop the state from issuing medical marijuana permits.  

“You know, we can see where it’s going. And I’m not sure what the attorney general’s plans are, but I think this is a step…toward…invalidating the (Michigan Medical Marijuana) act as a whole," Misterovich says.

Before he was attorney general, Bill Schuette led the campaign against the 2008 state referendum on medical marijuana. Since he was elected Michigan Attorney General, Schuette has supported legal efforts to curb access to medical marijuana.

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Kalamazoo voters will decide next month whether to write a relaxed attitude toward marijuana use into the City Charter of the western Michigan community. The ballot proposal would direct police to make enforcement of
laws against possession of small amounts of marijuana a low priority. Supporters gathered about 2,600 signatures in order to win a spot for the charter amendment on the Nov. 8 ballot.
    

Michigan Attorney General Bill Schuette has come out against the proposal, as have several Kalamazoo City Commission candidates.
    

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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.

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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