Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Michigan's medical marijuana law is becoming a legal mess for many around state. Since this law was enacted two years ago it has resulted in confusion, arrests, and legal problems experts say, all because the language in the law is so vague. Now one West Michigan city wants to ignore the law all together.
"What we are really doing is to say we are following federal law versus state law," said Jack Poll, Mayor of the City of Wyoming.
The city has proposed a ban that would criminalize the use, selling, or distribution of marijuana within city limits despite the state statute. Poll, also a licensed pharmacist, says he is sympathetic to people who use the drug to control pain but says the law was written so poorly it opens the door for abuse and poses a safety risk to his communities.
"My problem is distribution. There is a much better way to distribute this today than what is proposed in this law. This is a schedule one illegal substance. We see other medications we use routinely in pharmacies that are schedule two. I t is all based on the amount of abuse potential. Schedule one being the highest all the way down to a schedule six," he said. "There is absolutely no control set up for this process to distribute an illegal substance."
Poll believes until there is a system in place where marijuana can be prescribed and distributed like other drugs it should not be legal.
"It is absolutely unenforceable by our police department," he said. "There are no provisions in this for keeping records of what is being dispensed. They are allow to buy 2 ounces at a time. They can go in and out of homes from seven in the morning until seven at night. The police will not have a list of all the homes that is involved in due to privacy law. So we will not have any idea when we go into a home if there happens to be 3 or 4 people in the home smoking marijuana we won't know if we are busting in homes where under state law today it is perfectly legal."
Wyoming attorney, and medical marijuana user, John Ter Beek says it is the city's proposed ordinance that is illegal.
"What the ordinance does is disobey the state law and saying we are going to punish you for something the state law says you are not going to be punished for," he said.
Ter Beek grows and uses medical marijuana to treat pain associated with various diseases. He's suing the city of Wyoming over the proposed ban that could penalize him despite the state statute.
"It says we cannot be prosecuted or in any way punished for compliance with the state law which allows us 12 plants and also allows us to smoke whenever our pain jumps up," said Ter Beek. "I would rather use marijuana than vicodin or any other array of addictive drugs"
Ter Beek says his medical problems make it difficult to walk or stand and says the state law was put in place so people like him do not have to suffer in pain.
"For me or others, I don't want any prosecution or fines for something the state allows me to do," he said.
Mayor Poll says he expects the ban, if successful, to result in lawsuits and expects other cities around Michigan to go through similar problems.
"I believe at some point down the road this is going to be settled in a court of law because there is so many loopholes in this," said Poll.
In September, a Michigan appellate judge called on the legislature to clarify the law calling it "inartfully drafted." WZZM 13 contacted several lawmakers to see what can be done but had not heard back at the time of publication. The City of Wyoming is expected to vote on its proposed ban on December 6th.
NewsHawk: User: 420 MAGAZINE
Source: wzzm13.com
Author: Angela Cunningham
Copyright: 2010 wzzm13.com
Contact: 404 Not Found | wzzm13.com
Website: www.wzzm13.com : Grand Rapids : City of Wyoming seeks to ignore medical marijuana law
"What we are really doing is to say we are following federal law versus state law," said Jack Poll, Mayor of the City of Wyoming.
The city has proposed a ban that would criminalize the use, selling, or distribution of marijuana within city limits despite the state statute. Poll, also a licensed pharmacist, says he is sympathetic to people who use the drug to control pain but says the law was written so poorly it opens the door for abuse and poses a safety risk to his communities.
"My problem is distribution. There is a much better way to distribute this today than what is proposed in this law. This is a schedule one illegal substance. We see other medications we use routinely in pharmacies that are schedule two. I t is all based on the amount of abuse potential. Schedule one being the highest all the way down to a schedule six," he said. "There is absolutely no control set up for this process to distribute an illegal substance."
Poll believes until there is a system in place where marijuana can be prescribed and distributed like other drugs it should not be legal.
"It is absolutely unenforceable by our police department," he said. "There are no provisions in this for keeping records of what is being dispensed. They are allow to buy 2 ounces at a time. They can go in and out of homes from seven in the morning until seven at night. The police will not have a list of all the homes that is involved in due to privacy law. So we will not have any idea when we go into a home if there happens to be 3 or 4 people in the home smoking marijuana we won't know if we are busting in homes where under state law today it is perfectly legal."
Wyoming attorney, and medical marijuana user, John Ter Beek says it is the city's proposed ordinance that is illegal.
"What the ordinance does is disobey the state law and saying we are going to punish you for something the state law says you are not going to be punished for," he said.
Ter Beek grows and uses medical marijuana to treat pain associated with various diseases. He's suing the city of Wyoming over the proposed ban that could penalize him despite the state statute.
"It says we cannot be prosecuted or in any way punished for compliance with the state law which allows us 12 plants and also allows us to smoke whenever our pain jumps up," said Ter Beek. "I would rather use marijuana than vicodin or any other array of addictive drugs"
Ter Beek says his medical problems make it difficult to walk or stand and says the state law was put in place so people like him do not have to suffer in pain.
"For me or others, I don't want any prosecution or fines for something the state allows me to do," he said.
Mayor Poll says he expects the ban, if successful, to result in lawsuits and expects other cities around Michigan to go through similar problems.
"I believe at some point down the road this is going to be settled in a court of law because there is so many loopholes in this," said Poll.
In September, a Michigan appellate judge called on the legislature to clarify the law calling it "inartfully drafted." WZZM 13 contacted several lawmakers to see what can be done but had not heard back at the time of publication. The City of Wyoming is expected to vote on its proposed ban on December 6th.
NewsHawk: User: 420 MAGAZINE
Source: wzzm13.com
Author: Angela Cunningham
Copyright: 2010 wzzm13.com
Contact: 404 Not Found | wzzm13.com
Website: www.wzzm13.com : Grand Rapids : City of Wyoming seeks to ignore medical marijuana law
