allenlovesgreen

Medical pot users need more than doctor's note
5/25/09|Free Press| by Megha Satyanarayana



Almost 2,000 people have applied to use and grow medical marijuana in Michigan, and roughly half fall in a legal black hole where they have letters recommending its use but not the state-issued cards that make it legal.

Of the applications, about 700 have not yet been processed and 260 have been rejected, according to the Michigan Department of Community Health. Some people who have cards now face legal questions because the state took months to launch its ID program after the law went into effect.

"There hasn't been quite the degree of confusion as in the Michigan program," Dan Bernath, a spokesman for the Washington-based Marijuana Policy Project, said about the other states the group has guided in starting medical marijuana programs.

Medical marijuana advocates maintain a doctor's letter is sufficient to prevent prosecution for small amounts of marijuana, but state health officials disagree.

"You needed to wait until the program was established," said James McCurtis, spokesman for the MDCH.

In the courts, the law is being tested by Bob Redden, 59, and Torey Clark, 47, of Madison Heights, who face a preliminary examination Wednesday on felony charges of manufacturing marijuana. Police took multiple plants during a late March raid on their home. While they both have cards now, the raid came before the state was issuing them. Their attorney is trying to get the charges thrown out because they had doctor's letters.

The defense could work, said David A. Moran, co-director of the Michigan Innocence Clinic at the University of Michigan, but it's "an expensive, dangerous risk to take."

McCurtis said another gray area is the roughly 15 days between submitting an application and when the card is in hand. And while most of the denials thus far have been for improperly filled-out applications, they still represent one out of every six processed applications.

Stephanie Annis, 30, of New Hudson said many patients can't wait for the card. She wants one for appetite stimulation after multiple surgeries left the 5-foot-6 graduate student at 99 pounds and without much of her intestinal tract.

She's on disability, and since April has tried to gather required documents to qualify for a reduced fee of $25 for the card, rather than $100. The soonest she says she thinks she would get her card is late June."I would think the doctor would be the authority," she said.

Victor_vicious

This is really sad. The reason for the lag between the time the law went into effect on Dec the 4th and he issuance of cards is for the State to get the administration of issuing the cards set up. We felt like they would take as long as we would give them, but felt like 120 days was long enough. Too make sure the State did not take any longer we put an affirmative defense clause in it.
One of our folks had a case from 2007 dismissed because of it. The MDCH is trying to find a way they can exert some influence, they still don't understand what they are supposed to do. They should be educating Doctors about the efficacy of Medical Marijuana, not trying to second guess the law.
You will note all of the applications that have been rejected are for not being filled out properly, there is not any provision in the law for them to deny anyone a card, it is totally up to the Doctor. If you send in a properly filled out application, with your Doctors recommendation, proper backup if you are seeking the reduced fee of $25.00 to register, or your $100.00 fee, they must issue the card within 15 days and have it to you by mail within 5 days of that.
The only thing necessary to present an affirmative defense is the recommendation from your Doctor and the intelligence to file a Motion To Dismiss. You can download a Motion to Dismiss at Helping Doctors Helping Marijuana Patients and Caregivers
Statements like this are causing problems. Bob Redden and Tory Clark were legally protected when their door got knocked out of the wall, they had 21 seedlings and are both registered Medical Marijuana patients. They will prevail in this case, its just too bad that the MDCH does not understand this. The judge in the case is beginning to understand. The prosecuting attorney wanted to subpoena all of their medical records, the judge said no. I guess he still things Law Enforcement should be giving Medical advice. They are going to call the Doctor to testify. Dr Eisenbud works with the THC-foundation and is very knowledgeable about the many medical uses of Marijuana. The prosecuting attorney for Oakland County already said they would not prosecute this case which should have told them they would not 'win' the case. VV

buzz

You needed to wait until the program was established," said James McCurtis, spokesman for the MDCH.

The law went into effect dec 4. Patients with recs from their doctors were legal to posses,grow and use marijuana with approved letters.
The MDCH has no right to give legal advice. Their job is to hand out state issued ID medical MJ cards

GO GET THEM MR. ABLE

GOOD LUCK TO ALL IN COURT TODAY. WE'RE THINIKING ABOUT YOU

Victor_vicious

Matt did a good job in court yesterday, there are more things in play here than we knew. Larry King, we believed was operating within the law. The testimony from the MAGNET State police task force officer was interesting. He received a tip from another officer that some one that wishes too remain anonymous had told her, we guess on the phone, that there were Marijuana Plants in the backyard at ( address).
He and his partner pulled in to the driveway next door and when they did they could see plants in a 'dog kennel', covered on three side. By using binoculars they determined they were definitely Marijuana Plants. He says the homeowner agreed to show them the plants, the homeowner says he told them not without a warrant, they went and got some uniforms to stay with him while they obtained a warrant, then they went inside and found the other 6 plants, along with some processed and processing marijuana. All of which they confiscated, along with his guns (Of course), lights and they took his medicine, a clear violation of the law.
There are a few issues to deal with here, according to the testimony there is a door knob on the back door of the house, so it is not a locked facility. No roof on the dog kennel so it is not a building. And the expert could tell he was growing these plants before he got his card. His card was issued on 4/20/2009. Some of these plants were close to harvest according to the patient. The patient also says he uses a bar across the door on the inside to lock the door, none of this under oath, this was just a preliminary exam.
End result of this hearing, bound over to Shaiwassee County Circuit Court, June 12th, 8:00 am, located in Corunna Michigan, tallest building in town. This case could help our cause by eliminating this confusion about having to be in a building. The law says enclosed locked facility. We could have easily said 'building', we didn't. The law is clear, it can be any enclosed locked facility. They did get the key from the patient to open the door, so it was clearly locked. No matter what the MDCH tries to do, they can not get away from that facility not building.
Personally I would not do this, that does not change my opinion that patients that want too grow outdoors because of the costs should be allowed too according to the law. VV