Robert Celt
New Member
Bruce Block said the Michigan Medical Marihuana Act is clearly unclear.
Block, a defense attorney in Grand Rapids, is convinced the issues with raids across the state are the result of a law interpreted in different ways leading to confusion and misinformation.
"Something needs to happen. These dispensaries are not out to break the law," Block said, in regard to the news of the medical marijuana raids. "I don't know the facts, but my guess is they did not set out like 'OK, lets break the law today."'
Local officials, including Detective Lt. Ken Mills, unit commander of Straits Area Narcotics Enforcement – the team that led a series of raids on all 10 Otsego County medical marijuana dispensaries March 10 – and Michael Rola, Otsego County prosecutor, both said the law is fairly clear cut.
To operate within the law, Mills said registered caregivers can dispense marijuana to five registered patients who are registered to the caregiver. The caregiver can possess up to 2.5 ounces of usable marijuana per patient, in addition to 12 plants per patient and 12 plants for themselves.
A registered, medical marijuana card-carrying patient can designate one specific caregiver and possess up to 2.5 ounces of marijuana.
Rola previously said law violations include caregivers and dispensary owners found with more marijuana than what is allowed, selling to unregistered patients or selling to more patients than what is allowed.
However, Block disagreed with some of the officials' interpretation, pointing to certain defenses listed in Section 8 of the marihuana act that protect caregivers in some instances if they violate the act.
Under Section 8, titled "Affirmative Defense and Dismissal for Medical Marihuana", Block said there are no limitations on how much marijuana a caregiver or patient can possess, no restrictions on how they can grow marijuana and no limit on the number of registered caregivers a patient can have as long as the amount of marijuana involved is not "more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition."
"This part doesn't provide immunity," Block said. "In other words, it doesn't protect you from arrest, seizure or prosecution. It does protect you from a criminal conviction."
He said the law leaves a lot open to interpretation and can lead to trouble, especially for dispensary owners and caregivers.
Block used the example of a card-carrying medical marijuana patient, who does not have a registered caregiver appointed to him or her and goes to a registered medical marijuana caregiver for medicine. Under the law, Block said the patient can obtain marijuana from the caregiver, even though the two are not connected. In this case, he said the patient is protected as long as the amount of marijuana does not exceed 2.5 ounces.
It is unclear whether the transaction is legal for the caregiver.
"The question becomes is the dispensary owner protected? And that's the issue," Block said. "The way the cops look at this, you're not protected unless you're registered to the patient. If a dispensary transfers or sells to a non-registered patient, they are not immune."
If a patient wanted to transfer from one caregiver to another, Block said they can terminate registration with one caregiver and register with another. If the same patient were to walk into a different dispensary and obtain marijuana, the patient would still be protected, though the question remains if the caregiver in that instance would be.
Though the dispensary or caregiver is not immune to prosecution or arrest under the law in this instance, Block said they could still have protection under Section 8, by asserting the affirmative defense of the medical purpose of the transaction.
In addition to this confusion, the law becomes more gray in other areas relating to dispensaries themselves.
Block said there is nothing in the law that indicates dispensaries are allowed, and there also is nothing that indicates they are not allowed.
Mills said medical marijuana dispensaries are not covered under the Michigan Medical Marihuana Act.
"Call it a store, dispensary, whatever you want to call it," he said. "The bottom line is, if you're a caregiver, you can only dispense to five registered patients."
Block said because of confusion and different interpretations of the law, it is time for the state to take a long, hard look at the law and clear up any misconceptions.
"I would hope to heaven that the legislature would just fix it already," he said. "They had bills in 2013 they let die that would have specifically authorized dispensaries. Two bills right now are sitting in judiciary committees spelling out dispensaries, but the legislature seems to be dropping the ball.
"It needs fixing, but nobody seems to have the political will to fix it."
Though Block said none of the proposed legislation would solve all of the problems facing the medical marijuana industry in Michigan, the passage of something would surely help.
"They need to set something up so there aren't these people with clean records getting popped with felonies," he said. "If you want people to follow the law, then get them some laws to follow. Either decide we aren't going to have dispensaries at all, and shut them all down, or set up some type of framework so people can do it and not always be looking over their shoulder."
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: 'Dazed And Confused': Interpretations Vary On Michigan's Medical Marijuana Law
Author: Mark Johnson
Photo Credit: None found
Website: Gaylord Herald Times
Block, a defense attorney in Grand Rapids, is convinced the issues with raids across the state are the result of a law interpreted in different ways leading to confusion and misinformation.
"Something needs to happen. These dispensaries are not out to break the law," Block said, in regard to the news of the medical marijuana raids. "I don't know the facts, but my guess is they did not set out like 'OK, lets break the law today."'
Local officials, including Detective Lt. Ken Mills, unit commander of Straits Area Narcotics Enforcement – the team that led a series of raids on all 10 Otsego County medical marijuana dispensaries March 10 – and Michael Rola, Otsego County prosecutor, both said the law is fairly clear cut.
To operate within the law, Mills said registered caregivers can dispense marijuana to five registered patients who are registered to the caregiver. The caregiver can possess up to 2.5 ounces of usable marijuana per patient, in addition to 12 plants per patient and 12 plants for themselves.
A registered, medical marijuana card-carrying patient can designate one specific caregiver and possess up to 2.5 ounces of marijuana.
Rola previously said law violations include caregivers and dispensary owners found with more marijuana than what is allowed, selling to unregistered patients or selling to more patients than what is allowed.
However, Block disagreed with some of the officials' interpretation, pointing to certain defenses listed in Section 8 of the marihuana act that protect caregivers in some instances if they violate the act.
Under Section 8, titled "Affirmative Defense and Dismissal for Medical Marihuana", Block said there are no limitations on how much marijuana a caregiver or patient can possess, no restrictions on how they can grow marijuana and no limit on the number of registered caregivers a patient can have as long as the amount of marijuana involved is not "more than was reasonably necessary to ensure the uninterrupted availability of marihuana for the purpose of treating or alleviating the patient's serious or debilitating medical condition."
"This part doesn't provide immunity," Block said. "In other words, it doesn't protect you from arrest, seizure or prosecution. It does protect you from a criminal conviction."
He said the law leaves a lot open to interpretation and can lead to trouble, especially for dispensary owners and caregivers.
Block used the example of a card-carrying medical marijuana patient, who does not have a registered caregiver appointed to him or her and goes to a registered medical marijuana caregiver for medicine. Under the law, Block said the patient can obtain marijuana from the caregiver, even though the two are not connected. In this case, he said the patient is protected as long as the amount of marijuana does not exceed 2.5 ounces.
It is unclear whether the transaction is legal for the caregiver.
"The question becomes is the dispensary owner protected? And that's the issue," Block said. "The way the cops look at this, you're not protected unless you're registered to the patient. If a dispensary transfers or sells to a non-registered patient, they are not immune."
If a patient wanted to transfer from one caregiver to another, Block said they can terminate registration with one caregiver and register with another. If the same patient were to walk into a different dispensary and obtain marijuana, the patient would still be protected, though the question remains if the caregiver in that instance would be.
Though the dispensary or caregiver is not immune to prosecution or arrest under the law in this instance, Block said they could still have protection under Section 8, by asserting the affirmative defense of the medical purpose of the transaction.
In addition to this confusion, the law becomes more gray in other areas relating to dispensaries themselves.
Block said there is nothing in the law that indicates dispensaries are allowed, and there also is nothing that indicates they are not allowed.
Mills said medical marijuana dispensaries are not covered under the Michigan Medical Marihuana Act.
"Call it a store, dispensary, whatever you want to call it," he said. "The bottom line is, if you're a caregiver, you can only dispense to five registered patients."
Block said because of confusion and different interpretations of the law, it is time for the state to take a long, hard look at the law and clear up any misconceptions.
"I would hope to heaven that the legislature would just fix it already," he said. "They had bills in 2013 they let die that would have specifically authorized dispensaries. Two bills right now are sitting in judiciary committees spelling out dispensaries, but the legislature seems to be dropping the ball.
"It needs fixing, but nobody seems to have the political will to fix it."
Though Block said none of the proposed legislation would solve all of the problems facing the medical marijuana industry in Michigan, the passage of something would surely help.
"They need to set something up so there aren't these people with clean records getting popped with felonies," he said. "If you want people to follow the law, then get them some laws to follow. Either decide we aren't going to have dispensaries at all, and shut them all down, or set up some type of framework so people can do it and not always be looking over their shoulder."
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: 'Dazed And Confused': Interpretations Vary On Michigan's Medical Marijuana Law
Author: Mark Johnson
Photo Credit: None found
Website: Gaylord Herald Times
