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Higher Ground

Court ruling hasn’t cleared the air

Controversy over interpretation of ruling on medical marijuana and driving

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On the good side, HB 4834 requires the state registry to review petitions for possibly adding new conditions that qualify patients to use medical marijuana, something the office of Licensing and Regulatory Affairs has not yet done although required by the MMMA of 2008.

Other pending legislation, HB 4851 (defining a bona fide doctor-patient relationship and defining an "enclosed, locked facility"), HB 4853 (making it a felony to sell marijuana in violation of the MMMA), and HB4856 (making it a misdemeanor to transport marijuana in a vehicle unless it's in the trunk or otherwise inaccessible to passengers) are less controversial, yet activists feel they nibble away at the rights provided by the MMMA.

It will take a three-quarters majority of the Legislature to pass HB 4834 and HB 4851 because they are modifications to the MMMA. The others are changes in the state penal codes and require only a simple majority.

"They're having a tough time getting that three-quarters majority," says Tim Beck, an activist who helped push for the MMMA. "The Democrats are closing ranks, although some are getting bought off."

There is pending legislation not yet introduced that could be seen as positive for medical marijuana dispensaries in Michigan. Most dispensaries in the state have shut down since a 2011 Court of Appeals decision that "patient-to-patient" transfers of medical marijuana are not allowed. This case has been appealed to the state Supreme Court, although the high court has not decided whether it will review the ruling. 

Rep. Michael Callton (R-Nashville) is working on legislation that would legalize dispensaries. In January, Callton spoke at a medical marijuana forum and said, "I am a chiropractor and have actually seen how this can help people." He went on to discuss that cancer and chronic pain patients have benefited from medical use of marijuana. His legislation, HB5580, could be introduced as soon as this week. 

Nick Wake, Callton's legislative director, says, "There could be some things to help fill in the gaps to help both patients and law enforcement in keeping with the spirit of the law. If it's going to be medical, let's make it medical. We're discussing some issues and looking at potential outcomes of, 'If we did this, what would happen?' ... We're trying to address the issue of safe access for patients; we want it to be a safe clinical facility."

HB 5580 leaves the decision of whether to allow dispensaries to local municipalities.

"Both Republicans and Democrats are saying there really should be a safe place where patients can go," Schneider says. "Two-thirds of all patients don't have a caregiver; I do think there will be bipartisan support. They just want to see a set of rules and guidelines that people can follow. ... When we look at this from a health and public safety standpoint, where patients can go and safely access their medicine, have the ability to test medicine, regulate where it's coming from and get it into the proper form, people listen to that. Each local municipality should be able to regulate this the way they see fit. In general, what I'm hearing is they would rather have this stuff happen in a centralized location rather than parks, parking lots and alleys."

The wild days of medical marijuana that followed passage of the MMMA are apparently over, though there are still numerous issues pending. How will the Supreme Court rule on dispensaries? Will the House bills go anywhere? Regarding the proposed vote on decriminalization in Detroit: Will the city appeal to the Supremes or will it go on the ballot in August? And will the underfunded petition initiative to legalize marijuana statewide get enough signatures? 

And as regards the impairment issue and driving, be really careful. Too bad we don't have great public transportation around here. That would solve a lot of problems.

vehicle unless it's in the trunk or otherwise inaccessible to passengers) are less controversial, yet activists feel they nibble away at the rights provided by the MMMA.

It will take a three-quarters majority of the Legislature to pass HB 4834 and HB 4851 because they are modifications to the MMMA. The others are changes in the state penal codes and require only a simple majority.

"They're having a tough time getting that three-quarters majority," says Tim Beck, an activist who helped push for the MMMA. "The Democrats are closing ranks, although some are getting bought off."

There is pending legislation not yet introduced that could be seen as positive for medical marijuana dispensaries in Michigan. Most dispensaries in the state have shut down since a 2011 Court of Appeals decision that "patient-to-patient" transfers of medical marijuana are not allowed. This case has been appealed to the state Supreme Court, although the high court has not decided whether it will review the ruling. 

Rep. Michael Callton (R-Nashville) is working on legislation that would legalize dispensaries. In January, Callton spoke at a medical marijuana forum and said, "I am a chiropractor and have actually seen how this can help people." He went on to discuss that cancer and chronic pain patients have benefited from medical use of marijuana. His legislation, HB5580, could be introduced as soon as this week. 

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