Michigan Medical Marijuana Law set for Fall Legislative Review

Jacob Bell

New Member
The legislative push to place tighter controls on medical marijuana will begin in the fall and one change could make it a felony for a physician to authorize use of the drug by falsely certifying the applicant has a debilitating condition.

Attorney General Bill Schuette, law enforcement officials and lawmakers said today the 2008 voter-approved law is intentionally vague, so as to allow profit-oriented marijuana dispensaries to openly sell the drug to customers who can now obtain a certificate with minimal effort online.

When voters approved the citizen-initiated medical marijuana law, "they did not vote to legalize marijuana or a pot free-for-all, which is what we have here in Michigan," Schuette said. "We need to bring this law back into line to what voters intended."

Bills introduced on the House's last day in session before summer break on June 30 make a couple of big changes.

House Bill 4851 calls for a "bona fide" physican-patient relationship requiring doctors to conduct an in-person, physical exam that would include a full assessment of a patient's medical history and current medical condition.

It would require that a physician had treated the underlying medical condition for which the marijuana certification is being sought and will continue to provide treatment after certification is granted. Certifying doctors, moreover, would have to first notify an applicant's primary care doctor.

A second measure strips any legal protections for marijuana users and caregivers who acquire or dispense the drug outside strict boundaries of the law. That law states a patient can keep 12 plants in a closed, locked facility. A caregiver can provide marijuana to no more than five patients.

Schuette and lawmakers assert the presence of so many dispensaries across the state is proof the law is widely flouted.

A third bill bars physicians and caregivers from advertising their services. Another clarifies that local communities can keep dispensaries out of their community through local zoning.

Schuette also wants legislation requiring medical marijuana only be transported in the trunk of a car. Other changes would make it clear driving under the influence is illegal and bar convicted felons from registering as licensed caregivers.

Rep. John Walsh, R-Livonia, chairman of the House Judiciary Committee, said committee work on the bills would begin in September.

Mary Lindemann, a lobbyist for Cannabis Patients United, said medical marijuana advocates intend to work constructively with lawmakers, but said physicians that offer certification should be regulated through the public health code like all doctors. And that all specialties should be treated the same.

Both sides will have to work together because amending the Michigan Medical Marijuana Act requires in many cases a three-fourth's vote.

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News Hawk- Jacob Ebel 420 MAGAZINE
Source: mlive.com
Author: Peter Luke
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Website: Michigan medical marijuana law set for fall legislative review
 
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