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Medical marijuana bills sent to Gov. Rick Snyder's desk don't address whether dispensaries are legal or how patients can legally obtain the drug – two key areas of debate over the past four years, local attorney Denise Pollicella said.
The legislation, approved by lawmakers this month, would create multiple new rules for Michigan's medical marijuana law that was approved by voters in 2008. The new rules approved by lawmakers include requirements to document doctor-patient relationships and regulations for transporting medical marijuana and growing and storing it outdoors.
It also would create criminal penalties for violating the law and prohibit those with felony convictions in the past 10 years from being caregivers.
Pollicella, a Howell-based attorney and medical marijuana advocate, said the legislation started out as a legislative overreach and ended up "a lot less painful" than feared by the medical marijuana community.
She said the bills don't address the outstanding issue of whether medical marijuana dispensaries are legal or clarify how patients can legally obtain the drug, however.
"This doesn't do anything at all to help. I don't think it does a whole lot of clarifying anything," Pollicella said.
"There are a million unanswered questions," she added.
Pollicella was a business attorney for the former Marshall Alternatives medical marijuana dispensary in Handy Township, which was raided by the Livingston and Washtenaw Narcotics Enforcement Team. Dispensary operators face drug offenses.
Pollicella and the National Patients Rights Association, an advocacy group for medical marijuana patients, are pushing legislation that would legalize medical marijuana dispensaries.
The legislation approved in the Legislature – House Bills 4851, 4834, 4853 and 4856 – were passed this month and would take effect April 1.
State Sen. Joe Hune, R-Hamburg Township, as well as state Reps. Bill Rogers, R-Genoa Township, and Cindy Denby, R-Handy Township, voted in favor of the bills.
Proponents of the bills, including state Sen. Rick Jones, R-Grand Ledge, argue the legislation ensures those who qualify for the program can access their medicine safely, while keeping marijuana out of the hands of the general population.
Jones said a flurry of court rulings that followed the enacting of the law have already made clear that dispensaries are illegal. He said there remains uncertainty about how to legally obtain medical marijuana, something he blames on advocates who drafted the ballot proposal rather than lawmakers who passed the corresponding act based on voters' wishes.
The law doesn't allow the state to supply patients with seeds or starter plants, or give advice on how to grow medical marijuana.
Jones said 48 dispensaries opened in Lansing following passage of the act, some of which he said were active near schools and churches, including churches where drug addicts met for a support group.
"I am opposed to the dispensary model that sprang up after the medical marijuana law passed. It was very, very gray and vague as to what the law was saying," he said.
A lack of rules for patients to have documented proof of physicians' prescriptions led to "card mills," where medical marijuana cards could be fabricated for about $250, Jones added.
The bills would define a "bona fide physician-patient relationship" as one that includes an in-person physical exam. Jones said the measures would prevent medical marijuana consultations conducted over the Internet.
"It's just not a correct way to dispense a medical marijuana card," he said.
Pollicella said the doctor-patient measure would violate privacy and lead to more interference between doctors and patients. She said Michigan's medical community has not stood up to protect relationships with its patients.
The bills also would require photo identification on patient registry cards and prohibit transportation of medical marijuana unless it is enclosed in a case or where it is inaccessible from inside the vehicle.
Pollicella said some of the proposed rules could prove beneficial, namely allowing outdoor growth and storage of medical marijuana in enclosed, locked facilities under certain conditions. Confusion in the existing law led to raids of properties where the plant was grown and stored outdoors.
She said the law should have restrictions on how medical marijuana is transported and how the drug is sold for medical purposes.
"It's very common sense. I don't think people should be driving around with joints in their ashtrays," Pollicella said.
Medical marijuana advocates also have complained about long waits to receive medical marijuana cards once approved by the state.
The law requires certifications to be received within 20 days, but in some cases it has taken three months to receive them, they have said.
The bills would require cards to be issued within five business days after approval, and would allow private contractors to assist in the process. They also would require cards to be good for two years rather than one year under the current law.
Pollicella said the proposed rules could help patients receive their cards faster, and for the cards to be produced faster and cheaper.
The Michigan Medical Marihuana Act was enacted after voters in 2008 approved an initiative decriminalizing the use and cultivation of marijuana for medical purposes.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: livingstondaily.com
Author: Christopher Behnan
Contact: Online Feedback | Livingston Daily | livingstondaily.com
Website: Legality of medical marijuana in state remains uncertain, lawyer says | Livingston Daily | livingstondaily.com
The legislation, approved by lawmakers this month, would create multiple new rules for Michigan's medical marijuana law that was approved by voters in 2008. The new rules approved by lawmakers include requirements to document doctor-patient relationships and regulations for transporting medical marijuana and growing and storing it outdoors.
It also would create criminal penalties for violating the law and prohibit those with felony convictions in the past 10 years from being caregivers.
Pollicella, a Howell-based attorney and medical marijuana advocate, said the legislation started out as a legislative overreach and ended up "a lot less painful" than feared by the medical marijuana community.
She said the bills don't address the outstanding issue of whether medical marijuana dispensaries are legal or clarify how patients can legally obtain the drug, however.
"This doesn't do anything at all to help. I don't think it does a whole lot of clarifying anything," Pollicella said.
"There are a million unanswered questions," she added.
Pollicella was a business attorney for the former Marshall Alternatives medical marijuana dispensary in Handy Township, which was raided by the Livingston and Washtenaw Narcotics Enforcement Team. Dispensary operators face drug offenses.
Pollicella and the National Patients Rights Association, an advocacy group for medical marijuana patients, are pushing legislation that would legalize medical marijuana dispensaries.
The legislation approved in the Legislature – House Bills 4851, 4834, 4853 and 4856 – were passed this month and would take effect April 1.
State Sen. Joe Hune, R-Hamburg Township, as well as state Reps. Bill Rogers, R-Genoa Township, and Cindy Denby, R-Handy Township, voted in favor of the bills.
Proponents of the bills, including state Sen. Rick Jones, R-Grand Ledge, argue the legislation ensures those who qualify for the program can access their medicine safely, while keeping marijuana out of the hands of the general population.
Jones said a flurry of court rulings that followed the enacting of the law have already made clear that dispensaries are illegal. He said there remains uncertainty about how to legally obtain medical marijuana, something he blames on advocates who drafted the ballot proposal rather than lawmakers who passed the corresponding act based on voters' wishes.
The law doesn't allow the state to supply patients with seeds or starter plants, or give advice on how to grow medical marijuana.
Jones said 48 dispensaries opened in Lansing following passage of the act, some of which he said were active near schools and churches, including churches where drug addicts met for a support group.
"I am opposed to the dispensary model that sprang up after the medical marijuana law passed. It was very, very gray and vague as to what the law was saying," he said.
A lack of rules for patients to have documented proof of physicians' prescriptions led to "card mills," where medical marijuana cards could be fabricated for about $250, Jones added.
The bills would define a "bona fide physician-patient relationship" as one that includes an in-person physical exam. Jones said the measures would prevent medical marijuana consultations conducted over the Internet.
"It's just not a correct way to dispense a medical marijuana card," he said.
Pollicella said the doctor-patient measure would violate privacy and lead to more interference between doctors and patients. She said Michigan's medical community has not stood up to protect relationships with its patients.
The bills also would require photo identification on patient registry cards and prohibit transportation of medical marijuana unless it is enclosed in a case or where it is inaccessible from inside the vehicle.
Pollicella said some of the proposed rules could prove beneficial, namely allowing outdoor growth and storage of medical marijuana in enclosed, locked facilities under certain conditions. Confusion in the existing law led to raids of properties where the plant was grown and stored outdoors.
She said the law should have restrictions on how medical marijuana is transported and how the drug is sold for medical purposes.
"It's very common sense. I don't think people should be driving around with joints in their ashtrays," Pollicella said.
Medical marijuana advocates also have complained about long waits to receive medical marijuana cards once approved by the state.
The law requires certifications to be received within 20 days, but in some cases it has taken three months to receive them, they have said.
The bills would require cards to be issued within five business days after approval, and would allow private contractors to assist in the process. They also would require cards to be good for two years rather than one year under the current law.
Pollicella said the proposed rules could help patients receive their cards faster, and for the cards to be produced faster and cheaper.
The Michigan Medical Marihuana Act was enacted after voters in 2008 approved an initiative decriminalizing the use and cultivation of marijuana for medical purposes.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: livingstondaily.com
Author: Christopher Behnan
Contact: Online Feedback | Livingston Daily | livingstondaily.com
Website: Legality of medical marijuana in state remains uncertain, lawyer says | Livingston Daily | livingstondaily.com
