Using marijuana for medical purposes is legal in Michigan -- as long as you have a card from the government.
But there are gray areas in the law and it is causing problems for patients and police.
Thursday, a Cass County jury found a 52-year-old man guilty of possession, manufacturing, and maintaining a drug house after police found 47 plants in his home.
Most Medical Marijuana patients and law enforcement will tell you that number is excessive.
But not every case is that easy to decipher.
Dwayne lives in Berrien County. He is legally allowed to grow Marijauana. But when police raided his home last week they say he had too many plants.
According to court documents the Berrien County Sheriff's Department got a warrant to search his home based on an inspection of his trash. They found marijuana plant roots and leaves.
During the raid officers found 16 live marijuana plants. As a medical Marijuana card holder, Dwayne is allowed to have only 12 plants and 2.5 ounces of the drug.
But he said the four "extra plants with root systems" police claim to have found were actually clippings.
"We can have twigs, leaves and auxiliary plant material. We can have that," says Dwayne
The law does say that a person can possess "incidental amount of seeds, stalks, and usable roots."
This issue is just one of many that fall into a gray area of the Michigan Marijuana Act.
Berrien County Prosecutor Art Cotter agrees that in some areas, the law is vague.
Part of the law says growers can have enough marijuana "to ensure uninterrupted availability."
But, he says some card holders are pushing the limits.
"I think the argument they are making blows a hole in the issue of placing the limit of 2.5 ounces and 12 plants. Because essentially what he is arguing is that limit doesn't apply," says Cotter.
Both medical marijuana patients and law enforcement agree there should be some clarification and communication.
"We need to be able to have an open line of communication so we can avoid these types of unfortunate situations," says Jeff, another medical marijuana patient.
Cotter agrees that communication would be helpful to law enforcement as well.
"I don't see any reason why if you go talk to local police and say look, I have a card, if you get a tip about me, you can come and see that I only have 12 plants and I understand the law and I am going to follow it. That way if police get a tip, they know, you are going to follow the law," says Cotter.
Dwayne says he felt violated when police raided his home.
Police say there is really no way to tell is someone is a card holder and they investigate each situation as if there is a illegal operation taking place.
They say the best way to ensure the situation doesn't get out of hand, "If you are legitimately growing marijuana for medical purposes, cooperation. Volunteering the information," says Berrien County Chief Deputy Mike Bradley.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: WSBT TV
Author: Kristin Bien
Copyright: 2010 WSBT TV
But there are gray areas in the law and it is causing problems for patients and police.
Thursday, a Cass County jury found a 52-year-old man guilty of possession, manufacturing, and maintaining a drug house after police found 47 plants in his home.
Most Medical Marijuana patients and law enforcement will tell you that number is excessive.
But not every case is that easy to decipher.
Dwayne lives in Berrien County. He is legally allowed to grow Marijauana. But when police raided his home last week they say he had too many plants.
According to court documents the Berrien County Sheriff's Department got a warrant to search his home based on an inspection of his trash. They found marijuana plant roots and leaves.
During the raid officers found 16 live marijuana plants. As a medical Marijuana card holder, Dwayne is allowed to have only 12 plants and 2.5 ounces of the drug.
But he said the four "extra plants with root systems" police claim to have found were actually clippings.
"We can have twigs, leaves and auxiliary plant material. We can have that," says Dwayne
The law does say that a person can possess "incidental amount of seeds, stalks, and usable roots."
This issue is just one of many that fall into a gray area of the Michigan Marijuana Act.
Berrien County Prosecutor Art Cotter agrees that in some areas, the law is vague.
Part of the law says growers can have enough marijuana "to ensure uninterrupted availability."
But, he says some card holders are pushing the limits.
"I think the argument they are making blows a hole in the issue of placing the limit of 2.5 ounces and 12 plants. Because essentially what he is arguing is that limit doesn't apply," says Cotter.
Both medical marijuana patients and law enforcement agree there should be some clarification and communication.
"We need to be able to have an open line of communication so we can avoid these types of unfortunate situations," says Jeff, another medical marijuana patient.
Cotter agrees that communication would be helpful to law enforcement as well.
"I don't see any reason why if you go talk to local police and say look, I have a card, if you get a tip about me, you can come and see that I only have 12 plants and I understand the law and I am going to follow it. That way if police get a tip, they know, you are going to follow the law," says Cotter.
Dwayne says he felt violated when police raided his home.
Police say there is really no way to tell is someone is a card holder and they investigate each situation as if there is a illegal operation taking place.
They say the best way to ensure the situation doesn't get out of hand, "If you are legitimately growing marijuana for medical purposes, cooperation. Volunteering the information," says Berrien County Chief Deputy Mike Bradley.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: WSBT TV
Author: Kristin Bien
Copyright: 2010 WSBT TV
