Plainsman1963

Medical marijuana clinic founder defends its legality
01-12-2009 | CandGNews.Com | Jennie Miller

The state’s first medical marijuana clinic is defending its legality as residents, government officials and law enforcement agencies learn more about the controversial proposal voters approved in November.

“I am in the exploratory stages, trying to figure out what is what,” said Southfield Mayor Brenda Lawrence, who had a meeting scheduled for Jan. 12 with the president, founder and CEO of The Hemp and Cannabis Foundation, Paul Stanford. The clinic recently opened up shop in the Southfield Town Center.

“This is so new — the legislation passed and they just sprung right up. (I am learning) what are the rules, what are the guidelines — things that I don’t know, and that’s one of the reasons I called the meeting with him,” the mayor said.

Representatives from the Michigan Department of Community Health are also scurrying to learn exactly what the THC Foundation is doing, and whether or not it falls within the limits of the new law.

“We worked so hard to establish the program, and we don’t want any misinformation out there,” said James McCurtis, spokesperson for the department. “We understand that this is going to take a little bit of time. This law is so brand-new, and there has to be an educational window period. It is going to take some time for people to understand.”

Stanford, however, maintains that everything his foundation is doing is lawful. The Southfield clinic joins 17 others in the country run by Stanford: four in Oregon, four in Washington state, three in Colorado, three in Hawaii, one in Nevada, one in California and one in Montana. Thirteen states in the U.S. have legalized marijuana for medical purposes.

“We have carefully investigated — along with our attorneys — the law, and we are operating completely within the law,” Stanford said.

While the law permitting the use of marijuana for medical purposes is now in effect, the Michigan Department of Community Health has not issued any identification cards signifying an individual is approved for the program. The department is due to begin doing so by April 4.

In order for a person to be approved, the MDCH will review a patient’s application, which must include a physician’s statement and an authorization letter indicating that, due to the individual’s debilitating condition, that person is likely to receive therapeutic or palliative benefit from the use of medical marijuana.

At the THC Foundation, doctors are on staff to review a patient’s medical history and ascertain whether or not this statement can be made. No marijuana is provided by the organization.

“What they’re doing is absolutely legitimate — I think they are perfectly legal,” said attorney Greg Schmid, of Saginaw, who has been advising the organization. “They’re merely providing honest information based on their professional opinion … of whether the patient is likely to receive therapeutic or palliative benefit for their serious condition.”

If it’s determined the patient would receive such a benefit, the doctors would then submit a statement and authorization letter to the MDCH, which would then review the patient’s application and determine whether the patient qualifies for the program. The MDCH will not provide a qualified patient with marijuana or information about how to acquire marijuana.

Since identification cards are not being issued just yet, the THC Foundation is operating to assist those under Section 8 of the law, which allows for an “affirmative defense,” Schmid said.

“It’s an entirely separate arm of the medical marijuana act,” Schmid said. “The law states the medical use of marijuana is legitimate and legal under Michigan law — all the registry ID does (is) provide advanced immunity. But a person who is arrested and prosecuted for any crime involving marijuana can assert an affirmative defense. To assert that defense, all a person has to do is establish three things: one, that a doctor has made a statement to them that in the doctor’s professional opinion, after a full review of their medical history and their current medical condition, the doctor feels they would benefit from the medical use of marijuana for the treatment of their serious medical condition symptoms. The second thing is to prove that the amount in their possession was not an unreasonable amount … necessary to ensure an uninterrupted supply of medicine. The third thing is that their actual use or possession of marijuana was for medical purposes. It’s a very robust defense, and it’s feasible to prove. And all you need is that statement. (The THC Foundation’s doctors) are merely making that statement.”

The MDCH held a public hearing in Lansing on Jan. 5 regarding the rules and regulations of the medical marijuana program. More than 200 people attended, many of whom voiced concerns and made recommendations.

“We are reviewing that as we speak,” McCurtis said, adding that the department plans to contact Stanford this week to learn more about his operations. “Our staff has been incredibly busy. We have not been able to call them. (But) we’re going to find out exactly what they’re doing.”

For more information about the THC Foundation, visit The Hemp and Cannabis Foundation, THCF Medical Clinics, Medical Marijuana Doctors, Michigan Medical Marijuana Clinics, Serving The Cannabis Community Since 1999, Medical Marijuana as treatment for chronic pain, chronic nausea, AIDS, cancer, glaucoma, or call (248) 351-1746. For more information about the medical marijuana program, visit MDCH mmp Redirect or call (517) 373-6873.