Lit_Match

Medical Marijuana Rules Called a Burden on Police
01-05-09|Detroit Free Press|By Megha Satyanarayana

A spokesman for the Michigan State Police said the department does not want the responsibility of destroying excess medical marijuana, as written in the draft rules being discussed today in Lansing.

Greg Zorotney of the State Police executive division said a better solution would be for users or caregivers to destroy excess supply or for the Michigan Department of Community Health to write rules allowing for the transfer of medical marijuana from a retired user to a new user.

"It's burdensome for law enforcement to have someone come in, asking to destroy 12 plants. Plants can grow quite big," he said to a panel of state health officials taking comments. The draft rules can be viewed at MDCH mmp Redirect.

About 100 people gathered at state offices to voice their concerns about the rules and regulations written by the Michigan Department of Community Health, which will oversee the medical marijuana program starting April 4. The law went into effect in December, but without identification cards, said Zorotney, a person could still be cited or arrested for possession.

Voters approved Proposal 1, the medical marijuana initiative, by 63% on Nov. 4, with every county in Michigan voting in favor of the new law. The law would allow users with terminal or chronic illnesses such as HIV, glaucoma and neurological diseases, and their caregivers, to grow up to 12 marijuana plants and use marijuana to treat symptoms of pain and nausea. The law would prohibit users from using marijuana in public places, or to operate a vehicle under the influence.

Zorotney also suggested that the ID card system be entered into the same law enforcement database as driver's licenses, to allow officers to be sure a registrant is legal. The draft rules make users renew their registration yearly.

Zorotney said the state has no position on federal law enforcement being able to access medical marijuana users through their databases. Marijuana use of any sort is still illegal under federal law, giving federal law enforcement the ability to prosecute users in spite of the state law.

Other concerns in the draft rules concern face-to-face interviews, what defines a public place and the need to store all marijuana, not just plants, as written in the proposal, under lock and key. Advocates are concerned that face-to-face requirement would be a burden on those with disabilities and in advanced stages of illness.

They also fear a user would not be able to partake of medical marijuana in their homes with the shades open or on their porches, as both are visible to the public, even if neither are used by the public.

"We need to change the law enforcement paradigm to a public health paradigm," said Melody Carr, on behalf of the Michigan Medical Marijuana Association.

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Donation links to NORML (The National Organization for the Reform of Marijuana Laws) | MPP (Marijuana Policy Project)

buzz

This is the states big burden over medical marijuana rules and the reason my card is being held up. I tell you what.

Any excess marijuana just give it to me

Victor_vicious

Actually we welcomed his input. The proposed rules are not the law, and many of the proposed rules conflict with the LAW. Part of the proposed rules was that if a patient dies or becomes no longer 'Qualified', the Caregiver was supposed to contact Leo, so he could come and get those 12 plants and dispose of them. He is saying they don't want any part of that, and he is sure that the rest of Law Enforcement feels the same. Thier concern is that they don't want to be breaking the Law, They are not interested in anything other than being able to check an ID card to make sure its valid. They do not want to be arresting Patients.
If you want to find out more about what is going on you could log on to our website, Michigan Medical Marijuana Association | News and Information for Michigan's medical marijuana patients and caregivers You can view the site and post comments as a visitor. Of course we would like everyone to become official Members, a $10.00 donation, cash check or paypal. But wait, there is more. We intend to follow up on all of this. The State Department Of Community Health has 15 days from the date of the hearing to respond with new rules.
Things they have published give us all of the ammunition to shove this were the sun don't shine. I published some of those on our website. The next day Greg Fransico, founder of Michigan Medical Marijuana Associates, a non-profit corp. was interviewed on WJR radio 5:00pm show, should be available on there website. The last caller wanted to know what Agency was responsible for proposing rules that are contrary to the law. He didn't and wouldn't vote for this, it did pass by an almost 2 to 1 margin, and he wants to know how they can dare to ignore the will of the people. Greg phone cut off right then, I know he was sweating trying to get that connection back.
There were several local channel television station there, from Flint, Lansing, Jackson, Grand Rapids, Jackson, probably some I missed. I think we had 10 or so story's up by 10:00 that night. We even had one of our members announce he was going to be giving away seeds at our get together afterwards. If you live in Michigan I urge you to join us. VV