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LAPEER, Michigan – Lapeer County has plenty of company when it comes to confusion over the state's medical marijuana law.
With the county prosecutor still weighing charges against a Dryden dispensary that has been raided by police three times in two weeks, a state appellate judge Wednesday released an opinion that said the law is so confusing marijuana users "who proceed without due caution" could "lose both their property and their liberty."
Michigan Court of Appeals Judge Peter O'Connell, in a 30-page opinion Wednesday in an unrelated medical marijuana case in Oakland County, said the law was "inartfully drafted" and some portions clash with other Michigan laws.
The opinion came two days after more than 150 medical marijuana advocates rallied outside the Lapeer County Sheriff's Department on Monday, saying officials violated the law by taking patient records during one of the raids in Dryden.
No arrests have been made in those raids, but investigators have seized marijuana plants and records. The dispensary reopened after the first raid last week but has remained closed this week.
Lapeer County Prosecutor Byron Konschuh said a decision on charges could take longer than first thought.
"It looks like we need some additional investigation," he said. "We need to delineate who's doing what in the business. We need to figure out who is exactly violating the one-caretaker-to-five-patient law."
Authorities believe the dispensary has been giving medical marijuana to anyone who showed up with a medical marijuana card – an act they say violates state law.
But dispensary operator Randy Crowel and his attorney have countered that while state law limits caregivers to five patients, the law doesn't specifically address dispensaries or patient-to-patient marijuana transactions.
Rick Thompson, editor of Michigan Medical Marijuana Magazine and spokesman of Michigan Association of Compassion Centers, said more protests are planned to call attention to the law.
"Each time we gather we gain strength, and moving forward our voice will be one – they have no choice but to listen to us," said Thompson.
Konschuch said the law approved by voters in 2008 is too vague.
"(Medical marijuana advocates) think that we're the bad guys. The true bad guys are the guys who drafted that law and passed it," said Konschuh. "We believe the law isn't being followed as written, and we didn't write the law."
Genesee County Prosecutor David Leyton agrees the law is too vague and needs clarification from the state attorney general's office.
"Patients, caregivers and law enforcement need to know what you can and cannot do," said Leyton, the Democratic candidate for attorney general.
Leyton said he receives calls "all the time" with concerns or questions about the law.
The attorney general's office Wednesday referred questions on the issue to the state Department of Community Health.
Department of Community Health spokesman James McCurtis said the department believes dispensaries that give out marijuana are violating the state law.
He said the law does not address dispensaries "at all."
"DCH thinks dispensaries are illegal," said McCurtis, adding "that doesn't mean they are illegal."
McCurtis said there is nothing DCH can do about dispensaries until courts come forward on the issue.
The department has a three-month backlog on issuing cards and some days sees upward of 900 applications.
"I can't say (demand) is a surprise. I can't say it's not a surprise. We didn't know what to expect when this law passed," McCurtis said.
McCurtis said the department doesn't have county-by-county breakdowns on the number of patient and caregiver cards distributed but said there have been 54,765 applications and renewals statewide since April 6, 2009.
Local municipalities also are grappling with the law.
Davison this week joined nine other Genesee County municipalities in declaring a temporary moratorium on growing marijuana in the city.
Like other local communities, the Davison City Council wants to hold off on the 2008 state-approved program until the state Legislature clarifies issues.
"I don't know when the Legislature will act," said interim City Manager William Brandon.
Genesee Township this week voted on a first reading of an ordinance that regulates the location of dispensaries. If approved, medical marijuana dispensaries would not be allowed within 1,500 feet of another dispensary, school, nursery, residence, child care center or park.
Grand Blanc's Planning Commission has recommended a 90-day moratorium on medical marijuana, which is scheduled to be voted on Sept. 29 by the City Council.
Staff reporters George Jaksa, Allison Bush, Lara Mossa and The Associated Press contributed to this report.
NewsHawk: MedicalNeed: 420 MAGAZINE
Source:Michigan Local News, Breaking News, Sports & Weather - MLive.com
Author: Laura Misjak
Contact: Contact Us - MLive.com
Copyright: 2010 Michigan Live LLC.
Website:Investigation into Dryden medical marijuana dispensary continues | MLive.com
With the county prosecutor still weighing charges against a Dryden dispensary that has been raided by police three times in two weeks, a state appellate judge Wednesday released an opinion that said the law is so confusing marijuana users "who proceed without due caution" could "lose both their property and their liberty."
Michigan Court of Appeals Judge Peter O'Connell, in a 30-page opinion Wednesday in an unrelated medical marijuana case in Oakland County, said the law was "inartfully drafted" and some portions clash with other Michigan laws.
The opinion came two days after more than 150 medical marijuana advocates rallied outside the Lapeer County Sheriff's Department on Monday, saying officials violated the law by taking patient records during one of the raids in Dryden.
No arrests have been made in those raids, but investigators have seized marijuana plants and records. The dispensary reopened after the first raid last week but has remained closed this week.
Lapeer County Prosecutor Byron Konschuh said a decision on charges could take longer than first thought.
"It looks like we need some additional investigation," he said. "We need to delineate who's doing what in the business. We need to figure out who is exactly violating the one-caretaker-to-five-patient law."
Authorities believe the dispensary has been giving medical marijuana to anyone who showed up with a medical marijuana card – an act they say violates state law.
But dispensary operator Randy Crowel and his attorney have countered that while state law limits caregivers to five patients, the law doesn't specifically address dispensaries or patient-to-patient marijuana transactions.
Rick Thompson, editor of Michigan Medical Marijuana Magazine and spokesman of Michigan Association of Compassion Centers, said more protests are planned to call attention to the law.
"Each time we gather we gain strength, and moving forward our voice will be one – they have no choice but to listen to us," said Thompson.
Konschuch said the law approved by voters in 2008 is too vague.
"(Medical marijuana advocates) think that we're the bad guys. The true bad guys are the guys who drafted that law and passed it," said Konschuh. "We believe the law isn't being followed as written, and we didn't write the law."
Genesee County Prosecutor David Leyton agrees the law is too vague and needs clarification from the state attorney general's office.
"Patients, caregivers and law enforcement need to know what you can and cannot do," said Leyton, the Democratic candidate for attorney general.
Leyton said he receives calls "all the time" with concerns or questions about the law.
The attorney general's office Wednesday referred questions on the issue to the state Department of Community Health.
Department of Community Health spokesman James McCurtis said the department believes dispensaries that give out marijuana are violating the state law.
He said the law does not address dispensaries "at all."
"DCH thinks dispensaries are illegal," said McCurtis, adding "that doesn't mean they are illegal."
McCurtis said there is nothing DCH can do about dispensaries until courts come forward on the issue.
The department has a three-month backlog on issuing cards and some days sees upward of 900 applications.
"I can't say (demand) is a surprise. I can't say it's not a surprise. We didn't know what to expect when this law passed," McCurtis said.
McCurtis said the department doesn't have county-by-county breakdowns on the number of patient and caregiver cards distributed but said there have been 54,765 applications and renewals statewide since April 6, 2009.
Local municipalities also are grappling with the law.
Davison this week joined nine other Genesee County municipalities in declaring a temporary moratorium on growing marijuana in the city.
Like other local communities, the Davison City Council wants to hold off on the 2008 state-approved program until the state Legislature clarifies issues.
"I don't know when the Legislature will act," said interim City Manager William Brandon.
Genesee Township this week voted on a first reading of an ordinance that regulates the location of dispensaries. If approved, medical marijuana dispensaries would not be allowed within 1,500 feet of another dispensary, school, nursery, residence, child care center or park.
Grand Blanc's Planning Commission has recommended a 90-day moratorium on medical marijuana, which is scheduled to be voted on Sept. 29 by the City Council.
Staff reporters George Jaksa, Allison Bush, Lara Mossa and The Associated Press contributed to this report.
NewsHawk: MedicalNeed: 420 MAGAZINE
Source:Michigan Local News, Breaking News, Sports & Weather - MLive.com
Author: Laura Misjak
Contact: Contact Us - MLive.com
Copyright: 2010 Michigan Live LLC.
Website:Investigation into Dryden medical marijuana dispensary continues | MLive.com
