Uncertain Haze Clouds Medical Cannabis Law

Jacob Bell

New Member
Medical marijuana in Michigan might have won in the court of public opinion, but the court of law is proving to be a much different story.

In case after case, Michigan judges are siding with communities that have outlawed dispensaries through local ordinances. Nor is it different in other states, where courts are upholding objections to medical marijuana and its use.

"So far it's fair to say that medical marijuana has not fared very well in the courts," Birmingham City Attorney Tim Currier said about rulings in Michigan and other parts of the country.

A case in which the ACLU has sued Birmingham and Bloomfield Hills over their bans on medical marijuana comes up in November before Oakland County Circuit Judge Colleen O'Brien. Currier said the main thrust of Birmingham's ordinance was to successfully prevent the establishment of dispensaries or grow houses in the city.

Hoping to address some of these recent court rulings, the Birmingham Compassion Club will be holding an informational meeting 1-5 p.m. Sunday, Oct. 16, at the Baldwin Public Library. Hazel Park Councilman Andy LeCureaux and Oakland County Commissioner Craig Covey will be speaking.

"This meeting is a social forum, but the focus is educating the public on how the law works; here's how to follow it," club member Chad Carr said. "We want to drive the political conversation the right way."

A whopping 63 percent of voters approved the Michigan Medical Marihuana Act in 2008. Yet, marijuana remains a Schedule I drug under the federal Controlled Substances Act, making it illegal anywhere in the United States.

Currier said Birmingham officials recognize there is an "extreme difference between state and federal law that needs to be sorted out."

He also noted the ATF recently told gun dealers in several states it's illegal for them to sell a firearm to a person with a medical marijuana card, and that the DEA recently upheld marijuana's classification as a Schedule I drug.

Michigan lawmakers are also trying to clarify the medical marijuana law through a series of bills that would define how someone in Michigan qualifies as a patient or caregiver. They're also considering provisions that would allow law enforcement officials access to the state's registration.

Carr said it is his belief the people of Michigan want qualifying patients to have access to medical marijuana.

"Currently patients and their caregivers find their protections under the Michigan Medical Marihuana Act disappearing due to the actions of courts statewide – to the extent that protecting the law has become our number one charge," he said. "Every patient and caregiver needs to find a way to get involved in this process, and this meeting will provide a solid foundation along with the inspiration to get started immediately."

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News Hawk- Jacob Ebel 420 MAGAZINE
Source: hometownlife.com
Author: Jay M. Grossman
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