Milford Proponents Buzz Over Medical Marijuana law

Jacob Bell

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They're from right here in the Milford-Highland area, Brighton and as far away as Metamora and Lansing.

Many of them don't want their identities revealed, fearing trouble from neighbors or more serious repercussions from law enforcement.

The majority are males in their 40s, 50s and 60s – looking to supplement their income, to help themselves or others find relief from pain, or simply to learn more about their rights based on a voter-approved constitutional referendum.

They are the estimated 50 medical marijuana users and providers – some registered, some not – as well as those interested in someday getting involved in the activity, that flooded into the Hydro Vision store in Highland last week to hear attorney Denise Pollicella discuss Michigan's Medical Marihuana Act, related federal regulations and recent court cases.

"I came for more information because of everything going on. I want to hear from someone who knows – not just hearsay," said a 36-year-old Highland woman, an admitted daily marijuana user for the past 18 years who spoke on condition of anonymity.

Though she's not a registered medical marijuana patient, smoking cannabis controls her mood swings, severe nausea and stomach cramps with which she has been afflicted since childhood, and for which doctors have no answer, she said.

Another Highland resident, Paul Butler, 41, said he, too, smokes marijuana every day. He started using it for fun when he was 16, but now it's to alleviate back and knee pain.

"It just made sense (to get the medical marijuana card). I didn't want to get involved with using Oxycontin or something like that," he said.

Coming to listen to Pollicella was a good way to learn about the law, Butler added.

Dan Peck of New Hudson is another regular marijuana user who carries the state-issued card authorizing him to do so.

"I just want to always stay up on the latest (developments)," Peck said. "I heard the attorney was speaking here and decided to take advantage of that."

'Education is key'

Addressing the crowd, Pollicella said it's "really shocking" that there's such limited information on the Medical Marihuana Act available to people. Deficient legislative and judicial support "for something 63 percent of voters voted for" is also raising her ire, she said.

"It's really gotten under my skin," said Pollicella, a Howell-based business and real estate attorney who added marijuana law as one of her specialties about 18 months ago.

"It's unbelievably and irresponsibly egregious to not inform people what the law is," she said. "You know the speed limit and you know if you go over you risk a ticket. But with this, nobody knows. It's unfortunate that people have to find out from people like me, when the state should be doing the educating. The county should be doing the educating."

The speaking engagement in Highland expanded her reach, Pollicella said, noting she's held similar talks in Livingston County which have drawn audiences of 100-some residents.

"The more people I can talk to, the better. I still feel education is key," she said.

Lack of clarity on what is and isn't permitted, recent raids of marijuana operations in Michigan, confusion over a recent Appellate Court decision which outlaws compensated patient-to-patient transfer of marijuana, and pending court cases all contribute to the current state of affairs – and are helping to craft case law, Pollicella explained.

Still, it's prudent for medical marijuana providers and users to know the aspects of the law that are clear, she said. This includes adhering to the limits on how much one can possess, the number of plants allowed per patient and stipulations for growing facilities. For example, understand what "secured, locked and enclosed" growing areas entail, Pollicella noted.

Growing outdoors is "definitely not recommended," she said. "You need to be very, very conservative. Not just a locked bedroom or a locked front door. I'm talking about a locked front door, and then a locked room in a locked basement – and only the caregiver should have access."

Pollicella also strongly encourages caregivers to segregate each patient's plants with "floor-to-ceiling chicken wire," and to stagger growing and harvesting times to avoid potential overages.

Believing that "the only remedy is more constitutional ballot initiatives," she recommends that caregivers and users learn as much as they can, and makes herself available to meet privately with those interested in detailed advice.

She also urges people to spread their knowledge about the law to local legislators. It's important "to get them on your side," she said. "And they do respond to phone calls and e-mails and visits. And we are heading into an election year, so it should be interesting."

"Everyone wants the law clarified," Pollicella said. "They are chipping away at it, but none of it is clear."

Voice of the people

Following Pollicella's talk, a Lansing-area man who attended said it all comes down to safeguarding the rights of users and providers.

Asking not to be identified, he said, "I'd like to see protection for patients' rights. Patients are granted uninterrupted access under the current law, but some authorities are interfering with patients' rights."

Until a few weeks ago, he operated one of 48 dispensaries that received cease and desist orders from the city of Lansing following the Appellate Court decision in Isabella County.

Now, he said, he's "keeping his ear to the ground to see what options come up." He also plans to meet with Pollicella in her office, intrigued by her statement that there are a number of business models that will work for dispensaries in Michigan.

"I want to be on solid legal footing," he said.

Another audience member – a 42-year-old man from the Huron Valley area who spoke on condition of anonymity – said he, too, will be making an appointment with Pollicella. His goal is to find the best way to ensure his aged mother – afflicted with leukemia and lymphoma – can continue using marijuana to combat the side effects of chemotherapy. Prior to turning to cannabis, his mother's weight had plummeted to 98 pounds. Smoking marijuana increases her appetite, he said, and she has since put on 10 pounds.

"It took so much convincing, but I sat her down and told her to just try it," he said. "Why not, after going through all the chemo and the other terrible stuff?"

Doug Orton, a member of the nonprofit Brighton Area Compassion Club – which is affiliated with the Michigan Medical Marijuana Association – said he never expected such a degree of difficulty resulting from the state's Medical Marihuana Act. Yet the solution now, he said, is simple.

"I'd like to see the law interpreted as it was written. Patient-to-patient transfers allowed, and they pay. Not an overly-large amount of money to be exchanged, but some compensation," he said.

Orton said he and his wife are registered medical marijuana users and providers who smoke regularly. He suffers from severe back pain, while his wife uses it for relief from colitis symptoms.

He doesn't grow and provide marijuana to get rich, he said. Rather, he wants to help people looking for an alternative way to deal with medical issues. "I've given pounds of it away," he said. "Why? Because people need it. It's medicine, it's effective and people need it."

Orton added that though it will take some time, he fully expects the law to get sorted out.

"I've always preached baby steps through this whole thing," he said. "I believe the folks in Lansing are pretty sane, and the people are still behind it. Eventually the people will prevail and the truth will win."

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News Hawk- Jacob Ebel 420 MAGAZINE
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