The patient whose medical marijuana was seized by police during a traffic stop said he will file a lawsuit if the city doesn't return it or compensate him for the loss of personal property.
The American Civil Liberties Union asked the city to "correct the unfortunate incident" in a Feb. 16 letter that seeks a response no later than Tuesday.
City Attorney David Gillam said Friday he still is reviewing the ACLU's requests and he intends to respond.
"I think our options are giving it back or not," Gillam said of the seven grams of medical marijuana police confiscated from a Royal Oak man with a state-issued card identifying him as a qualified patient.
"If he feels damaged, he could
file a claim with our insurer. We're talking about something that is property like a car," Gillam said.
However, the patient, Christopher Frizzo, 46, who has multiple sclerosis, said he feels his civil rights were violated and with an illegal seizure of his medical marijuana because he didn't obtain it from a registered caregiver.
The ACLU says it doesn't matter where a patient obtains medical marijuana. Once it is in their possession it is in a "safe harbor."
In addition to settling with Frizzo, the ACLU is asking Royal Oak officials for assurances that police won't confiscate medical marijuana from unregistered third parties or arrest qualified patients who get it from unregistered third parties.
The ACLU also suggests special training for police to deal with qualified patients.
"If the police don't submit to the ACLU, I'll go ahead with a lawsuit for all the ill and dying people," Frizzo said.
He said he wants to calm fears of similar police encounters for law-abiding medical marijuana patients.
"They hear one person was stopped and his medical marijuana was taken and they get afraid it will happen to them," Frizzo said. "My goal is to find a solution."
ACLU attorney Daniel Korobkin said the assurances from the city could come in the form of a policy on how police will enforce the two-year-old Medical Marihuana Act or a public statement refuting how Frizzo's situation was handled.
"We're confident the city is taking this seriously and will do the right thing," Korobkin said.
When he was pulled over Jan. 11, Frizzo said the police officer asked him if he had been drinking or had marijuana in the car. He admitted to having medical marijuana.
"I had the card. I was exceedingly honest," Frizzo said. "He saw my handicap license plate. My walker was in the backseat. My cane was there. There was no question I was legit."
Although he had the card issued by the Michigan Department of Community Health, Frizzo isn't listed with a registered caregiver authorized to supply patients that don't grow their own medical marijuana. That's an extra step that tells police it wasn't obtained from an illegal source.
"My understanding is when you apply to be a qualified patient, you can indicate on the application who you want your caregiver to be," Gillam said. "If you qualify and if the person qualifies as a caregiver, the card indicates that."
However, the state act doesn't require qualifying patients to have registered caregivers, according to the ACLU. Frizzo's card is stamped "no caregiver."
Gillam and Frizzo agree that the law passed by 63 percent of Michigan voters needs to be improved. Frizzo said he plans to meet this weekend with a state lawmaker to share his concerns.
Gillam wishes him luck.
"Everybody would appreciate it if the folks in Lansing would clean up the Medical Marihuana Act," he said.
NewsHawk: Ganjarden: 420 Magazine - Cannabis Culture News & Reviews
Source: The Daily Tribune
Author: Catherine Kavanaugh
Copyright: 2010 The Daily Tribune
The American Civil Liberties Union asked the city to "correct the unfortunate incident" in a Feb. 16 letter that seeks a response no later than Tuesday.
City Attorney David Gillam said Friday he still is reviewing the ACLU's requests and he intends to respond.
"I think our options are giving it back or not," Gillam said of the seven grams of medical marijuana police confiscated from a Royal Oak man with a state-issued card identifying him as a qualified patient.
"If he feels damaged, he could
file a claim with our insurer. We're talking about something that is property like a car," Gillam said.
However, the patient, Christopher Frizzo, 46, who has multiple sclerosis, said he feels his civil rights were violated and with an illegal seizure of his medical marijuana because he didn't obtain it from a registered caregiver.
The ACLU says it doesn't matter where a patient obtains medical marijuana. Once it is in their possession it is in a "safe harbor."
In addition to settling with Frizzo, the ACLU is asking Royal Oak officials for assurances that police won't confiscate medical marijuana from unregistered third parties or arrest qualified patients who get it from unregistered third parties.
The ACLU also suggests special training for police to deal with qualified patients.
"If the police don't submit to the ACLU, I'll go ahead with a lawsuit for all the ill and dying people," Frizzo said.
He said he wants to calm fears of similar police encounters for law-abiding medical marijuana patients.
"They hear one person was stopped and his medical marijuana was taken and they get afraid it will happen to them," Frizzo said. "My goal is to find a solution."
ACLU attorney Daniel Korobkin said the assurances from the city could come in the form of a policy on how police will enforce the two-year-old Medical Marihuana Act or a public statement refuting how Frizzo's situation was handled.
"We're confident the city is taking this seriously and will do the right thing," Korobkin said.
When he was pulled over Jan. 11, Frizzo said the police officer asked him if he had been drinking or had marijuana in the car. He admitted to having medical marijuana.
"I had the card. I was exceedingly honest," Frizzo said. "He saw my handicap license plate. My walker was in the backseat. My cane was there. There was no question I was legit."
Although he had the card issued by the Michigan Department of Community Health, Frizzo isn't listed with a registered caregiver authorized to supply patients that don't grow their own medical marijuana. That's an extra step that tells police it wasn't obtained from an illegal source.
"My understanding is when you apply to be a qualified patient, you can indicate on the application who you want your caregiver to be," Gillam said. "If you qualify and if the person qualifies as a caregiver, the card indicates that."
However, the state act doesn't require qualifying patients to have registered caregivers, according to the ACLU. Frizzo's card is stamped "no caregiver."
Gillam and Frizzo agree that the law passed by 63 percent of Michigan voters needs to be improved. Frizzo said he plans to meet this weekend with a state lawmaker to share his concerns.
Gillam wishes him luck.
"Everybody would appreciate it if the folks in Lansing would clean up the Medical Marihuana Act," he said.
NewsHawk: Ganjarden: 420 Magazine - Cannabis Culture News & Reviews
Source: The Daily Tribune
Author: Catherine Kavanaugh
Copyright: 2010 The Daily Tribune
