Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Michigan - There are a lot of names for people who smoke pot. Stoner, some say. Pot head. But the legal term is now ‘patient’, at least for those who use it medically.
As of Saturday, April 4, the Michigan Department of Community Health (MDCH) now accepts applications to become a registered user of medical marijuana.
But that doesn’t mean just anybody can start smoking. There are restrictions - quite a few of them, actually.
When Michigan voters overwhelmingly passed the Proposal 1 on last November’s ballot, they approved the use of marijuana to treat a “debilitating medical condition.” Such conditions include cancer, glaucoma, HIV, AIDS, Crohn’s disease, Alzheimer’s or severe and chronic pain, nausea or muscle spasms.
But simply suffering from one of those ailments or diseases is not enough. There are several hurdles to clear before patients actually get to inhale.
“(Patients) download an application and turn it in with all the appropriate materials,” said James McCurtis, spokesperson for the MDCH.
The application is three pages long and consists of three separate sections. The first is the application for the patient. They must include name, address, social security number and must also pay $100 registration fee, unless they are enrolled in Medicaid.
The second section must be filled out by the patient’s physician. Physicians must document that the patient is suffering from one of the listed diseases or ailments. They then must sign that “the medical use of marijuana is likely to be palliative or provide therapeutic benefits...” to the patient.
The form is not a prescription, but it is vital to the application process, said McCurtis.
“The main things we are looking at are: One, the doctor’s recommendation,” he said. “We make sure it’s not a fraud.”
McCurtis said the MDCH also looks at the condition to make sure that it is “chronic or debilitating.”
If both of those things check out, the patient receives a registration card.
“The card allows you to possess marijuana and grow marijuana,” he said.
Patients can possess up to 2.5 oz. of “useable” marijuana, and grow up to 12 plants. If they do not want to grow their own plants, they can identify a “caregiver” to grow for them.
“Caregivers can have up to 5 patients,” said McCurtis, with a maximum of 12 plants per patient, or 60 plants total. “Caregivers can grow it, they cannot use it.”
Once patients or caregivers begin growing their own plants, they must be grown in a locked and secure facility. And caregivers must be registered in a patient’s application, and can not have a drug-related felony on their record.
If both the patient and the caregiver meet the conditions, they are then given a registration card - not a prescription.
“Upon receipt (of the application) we have 15 days to determine if they are eligible (for the card),” said McCurtis. “The card allows you to possess marijuana and grow marijuana.”
On the first day of accepting applications, the MDCH received 101 requests for registration cards. For those that receive them, they can not be arrested by state or local police as long as they are following the guidelines of the law.
But that is where the law becomes a little hazy, according to Montague Chief of Police Robert Rought.
“It can’t be smoked in an area that would affect the public,” said Rought. The idea is to keep people smoking in their homes. But what about patients who live in apartments, where smoking could affect neighbors? Or what if patients smoked around their children?
“There are a lot of unanswered questions,” Rought said.
Rought said police departments will not be made aware of patients or caregivers living within their jurisdiction. And while the new law allows patients and caregivers to use and possess limited amounts of marijuana, there are certain restrictions:
• Using a false registration card is illegal,
• The sale of marijuana to non-registered users is prohibited,
• And people who are arrested without a registration card will have a tough time using ‘medicinal use’ as an excuse. It is possible - if they can prove that a doctor recommended it and they were following guidelines.
Rought said Muskegon County will be treating the cards like any other permit. And forgetting to apply will not be an excuse.
But just because the law has some gray areas, doesn’t mean that parts of it aren’t good.
“The two good things about this are they can only smoke in their home and it doesn’t allow people to be operating (vehicles) under the influence of drugs,” said Rought.
Although, according to a 2003 US Department of Transportation study, urine tests only indicate past use, not impairment. Meaning it could be difficult for police to prove a registered user was high while driving and equally difficult for a registered user to prove that he or she wasn’t.
The law isn’t perfect, that much is clear. And there are plenty of legal kinks for the judicial system to work through. For now, a select few are getting the relief they say they need, and they are getting it legally.
And that is something that voters in Michigan - and in the White Lake area - overwhelmingly approved.
For more information, visit MDCH mmp Redirect
Proposal 1 ballot results
Township Yes No
Blue Lake Township 774 371
Dalton Township 2,890 1,391
Fruitland Township 2,046 1,036
City of Montague 907 455
Montague Township 546 284
White River Township 540 314
City of Whitehall 914 510
Whitehall Township 609 333
Total 9,226 (66.7%) 4,694 (33.7%)
Statewide 63% 37%
source: Michigan Department of State
The Act prohibits the following:
• Smoking marijuana in public
• Possession of marijuana at schools or correctional facilities
• Operating a vehicle while under the influence of marijuana
• Making a fraudulent claim of medical use or possession to law enforcement to avoid prosecution
• Selling marijuana to someone other than a qualified patient
source: Michigan State Police
Qualifying ailments
• Cancer
• Glaucoma
• HIV or AIDS positive
• Hepatitis C
• ALS (Lou Gehrig’s disease)
• Crohn’s disease
• Agitation of Alzheimer’s Disease
• Nail Patella
• Cachexia or Wasting Syndrome
• Severe or chronic pain
• Severe nausea
• Seizures
• Severe and persistent muscle spasms
Source: Michigan Department of Community Health
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: White Lake Beacon
Copyright: 2009 Shoreline Media, Inc.
Contact: White Lake Beacon - Whitehall and Montague, Michigan - News, Weather, Sports, Webcam, Classifieds, Jobs, Homes, Cars and more.
Website: White Lake Beacon - Whitehall and Montague, Michigan - News, Weather, Sports, Webcam, Classifieds, Jobs, Homes, Cars and more.
As of Saturday, April 4, the Michigan Department of Community Health (MDCH) now accepts applications to become a registered user of medical marijuana.
But that doesn’t mean just anybody can start smoking. There are restrictions - quite a few of them, actually.
When Michigan voters overwhelmingly passed the Proposal 1 on last November’s ballot, they approved the use of marijuana to treat a “debilitating medical condition.” Such conditions include cancer, glaucoma, HIV, AIDS, Crohn’s disease, Alzheimer’s or severe and chronic pain, nausea or muscle spasms.
But simply suffering from one of those ailments or diseases is not enough. There are several hurdles to clear before patients actually get to inhale.
“(Patients) download an application and turn it in with all the appropriate materials,” said James McCurtis, spokesperson for the MDCH.
The application is three pages long and consists of three separate sections. The first is the application for the patient. They must include name, address, social security number and must also pay $100 registration fee, unless they are enrolled in Medicaid.
The second section must be filled out by the patient’s physician. Physicians must document that the patient is suffering from one of the listed diseases or ailments. They then must sign that “the medical use of marijuana is likely to be palliative or provide therapeutic benefits...” to the patient.
The form is not a prescription, but it is vital to the application process, said McCurtis.
“The main things we are looking at are: One, the doctor’s recommendation,” he said. “We make sure it’s not a fraud.”
McCurtis said the MDCH also looks at the condition to make sure that it is “chronic or debilitating.”
If both of those things check out, the patient receives a registration card.
“The card allows you to possess marijuana and grow marijuana,” he said.
Patients can possess up to 2.5 oz. of “useable” marijuana, and grow up to 12 plants. If they do not want to grow their own plants, they can identify a “caregiver” to grow for them.
“Caregivers can have up to 5 patients,” said McCurtis, with a maximum of 12 plants per patient, or 60 plants total. “Caregivers can grow it, they cannot use it.”
Once patients or caregivers begin growing their own plants, they must be grown in a locked and secure facility. And caregivers must be registered in a patient’s application, and can not have a drug-related felony on their record.
If both the patient and the caregiver meet the conditions, they are then given a registration card - not a prescription.
“Upon receipt (of the application) we have 15 days to determine if they are eligible (for the card),” said McCurtis. “The card allows you to possess marijuana and grow marijuana.”
On the first day of accepting applications, the MDCH received 101 requests for registration cards. For those that receive them, they can not be arrested by state or local police as long as they are following the guidelines of the law.
But that is where the law becomes a little hazy, according to Montague Chief of Police Robert Rought.
“It can’t be smoked in an area that would affect the public,” said Rought. The idea is to keep people smoking in their homes. But what about patients who live in apartments, where smoking could affect neighbors? Or what if patients smoked around their children?
“There are a lot of unanswered questions,” Rought said.
Rought said police departments will not be made aware of patients or caregivers living within their jurisdiction. And while the new law allows patients and caregivers to use and possess limited amounts of marijuana, there are certain restrictions:
• Using a false registration card is illegal,
• The sale of marijuana to non-registered users is prohibited,
• And people who are arrested without a registration card will have a tough time using ‘medicinal use’ as an excuse. It is possible - if they can prove that a doctor recommended it and they were following guidelines.
Rought said Muskegon County will be treating the cards like any other permit. And forgetting to apply will not be an excuse.
But just because the law has some gray areas, doesn’t mean that parts of it aren’t good.
“The two good things about this are they can only smoke in their home and it doesn’t allow people to be operating (vehicles) under the influence of drugs,” said Rought.
Although, according to a 2003 US Department of Transportation study, urine tests only indicate past use, not impairment. Meaning it could be difficult for police to prove a registered user was high while driving and equally difficult for a registered user to prove that he or she wasn’t.
The law isn’t perfect, that much is clear. And there are plenty of legal kinks for the judicial system to work through. For now, a select few are getting the relief they say they need, and they are getting it legally.
And that is something that voters in Michigan - and in the White Lake area - overwhelmingly approved.
For more information, visit MDCH mmp Redirect
Proposal 1 ballot results
Township Yes No
Blue Lake Township 774 371
Dalton Township 2,890 1,391
Fruitland Township 2,046 1,036
City of Montague 907 455
Montague Township 546 284
White River Township 540 314
City of Whitehall 914 510
Whitehall Township 609 333
Total 9,226 (66.7%) 4,694 (33.7%)
Statewide 63% 37%
source: Michigan Department of State
The Act prohibits the following:
• Smoking marijuana in public
• Possession of marijuana at schools or correctional facilities
• Operating a vehicle while under the influence of marijuana
• Making a fraudulent claim of medical use or possession to law enforcement to avoid prosecution
• Selling marijuana to someone other than a qualified patient
source: Michigan State Police
Qualifying ailments
• Cancer
• Glaucoma
• HIV or AIDS positive
• Hepatitis C
• ALS (Lou Gehrig’s disease)
• Crohn’s disease
• Agitation of Alzheimer’s Disease
• Nail Patella
• Cachexia or Wasting Syndrome
• Severe or chronic pain
• Severe nausea
• Seizures
• Severe and persistent muscle spasms
Source: Michigan Department of Community Health
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: White Lake Beacon
Copyright: 2009 Shoreline Media, Inc.
Contact: White Lake Beacon - Whitehall and Montague, Michigan - News, Weather, Sports, Webcam, Classifieds, Jobs, Homes, Cars and more.
Website: White Lake Beacon - Whitehall and Montague, Michigan - News, Weather, Sports, Webcam, Classifieds, Jobs, Homes, Cars and more.
