ANTRIM CO., MI (AP) -- A group of lawyers is asking Michigan lawmakers to stand up and do a better job regulating medical marijuana.
The lawyers explain steps they say the state should be taking, and some local leaders say law clarification couldn't come fast enough.
Antrim County officials have issued Alba Northern Lights Compassion Club a civil infraction. It's not because they sell medical marijuana, it's because they're not within building code. But at the same time, the county prosecutor questions if their establishment is legal.
“The voters thought they were giving it, voting it for severely ill patients, and it's being abused by stoners, people who just want to get high," says Charles Koop.
Antrim County Prosecutor Charles Koop doesn't have a problem with marijuana being used for legitimate medical reasons, but he thinks the medical marijuana law has long-passed what it was intended to do.
“Are compassion clubs similar to clinics or hospitals, I don't think so," he explains.
He says the county has ticketed the compassion club in Alba for not having the required building permits. At the same time, Chestonia Township is trying to shut it down. On June 26th, they'll start ticketing the business $500 a day, saying its too close to parks and the school.
“We thought it would be dispensed out of the pharmacies, not every ‘Joe Blow’ at every corner, and if we would have known that, we wouldn't have voted for it," says Chestonia Township Supervisor Robert Beckner.
These are just some of the problems that are surfacing with the Medical Marijuana Law that was passed in 2008.
The Criminal Law Section of the State Bar of Michigan met last week to recommend the state get more involved with pot regulation.
“If we have a structure that is more clearly defined what was intended, and defined in such a way that it complies with the spirit of what the voters passed, we think it's a good thing," says Ken Malkin.
Criminal Law Section Chair Ken Malkin says Michigan could follow similar regulations set in Colorado. Malkin says that would create better a patient relationship, define the ‘caregiver’ role, clearly define ‘medical marijuana centers,’ and put in place a better monitoring system.
“I think what they did was they provided a lot more clarity, so that there's less ambiguity, and as a result, they've had a lot fewer court cases,” says Malkin.
“I think people that are abusing it are being disingenuous, and abusing the voters, they aren't abusing me, (and) they're abusing the voters," says Koop.
We stopped by the compassion club. They maintain that they are still open legally, but would not comment further on this matter.
Koop says although the Michigan has passed the Medical Marijuana Law, he believes the Federal Law making marijuana illegal supersedes the state law.
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Michigan lawyers meeting on the hot topic of medical marijuana are recommending that the state get more involved by regulating the distribution of pot.
They say the Colorado model is a good one. That state issues licenses to marijuana businesses and has rules on where the pot can come from and even what pesticides can be used.
Members of the criminal law section of the State Bar of Michigan met last weekend. The group's recommendations could be considered at the State Bar's annual meeting in September and then passed to the Legislature.
Attorney Ken Malkin of Bay City says no one at the meeting wants to infringe on the law approved by voters in 2008. But he says more regulation would protect medical marijuana users and reduce crime.
Meantime, Michigan Supreme Court has agreed to hear two cases about medical marijuana, the first appeals accepted by the state's highest court since voters approved the limited use of pot in 2008.
In a case from Shiawassee County, a man had a medical marijuana card but was charged with drug crimes when police found pot growing outside in a dog kennel.
In a case from Oakland County, the issue is whether someone using marijuana must have consulted a doctor after the law was passed, not before.
The Supreme Court agreed to hear the appeals in brief orders released Thursday.
There is a lot of controversy surrounding marijuana and its use medically. Some prosecutors say they are going to pursue the drug cases under federal law instead of state law.
Under federal law, marijuana use for any purpose is illegal. The Controlled Substances Act classifies cannabis as a Schedule I drug.
Michigan voters agreed in November, 2008 to legalize marijuana for the treatment of some health problems. The Michigan Medical Marijuana Program (MMMP) was set up to help people learn more about the law. Since it was passed, many communities have focused on local resolutions and ordinances dealing with medical marijuana collectives.
Do you think law enforcement officers and prosecutors should go by state law or federal law when it comes to medical marijuana cases? Tell us "Your Point of View" by voting in the poll below and leaving your comments.
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