Michigan Medical Marijuana Law Creates Confusion

[Croppled1]

http://www.youtube.com/watch?v=Y9KC7uhMY9s

 

 

Michigan medical marijuana law creates confusion

Unclear statute puts some legal-pot users' homes, jobs at risk

Ron French / The Detroit News last update Nov 26 , 2010

 

 

Lansing— Fighting brain cancer was tough enough. Lori Montroy couldn't believe she also had to fight eviction.

 

 

Suffering pain, insomnia and depression from her battle with cancer, the 50-year-old Elk Rapids woman was threatened with eviction from her federally subsidized apartment because she was using medical marijuana.

 

 

"I wasn't hurting anybody," Montroy said. "Why do they want to do that?"

 

Confusion over Michigan's medical marijuana initiative has led to patients with valid prescriptions losing their jobs or being threatened with eviction from their homes.

 

Court battles are heating up across the state, as judges, prosecutors and lawmakers try to fill in the gaps in what some say is a vague law.

 

"Can you, or can't you? There is confusion in Michigan," said Jim Bergman of the Smoke-Free Environments Law Project. "You've got a conflict in the laws."

 

Michigan voters passed an initiative legalizing medical marijuana use in 2008. The initiative received 63 percent of the vote and won a majority in all 83 counties. After the law went into effect in April 2009, patients could apply to the state Department of Health for ID cards that prevent them from being arrested for doctor-advised medical use of marijuana.

 

Far from settling the debate, the initiative has led to courtroom scrapes and communities interpreting the law differently.

 

Some communities, such as Auburn Hills, have banned marijuana dispensaries. Ann Arbor, on the other hand, has 23.

 

Raids in August on clinics in Ferndale and Waterford Township resulted in arrests and the seizure of marijuana and medical records.

 

An appeals court judge in that case said sections of the Michigan Medical Marijuana Act contradict state public health codes. Judge Peter O'Connell said the law is so confusing that users "who proceed without caution (could) lose both their property and their liberty."

 

Even those proceeding with caution can get caught in the legal haze surrounding medical marijuana.

 

In Battle Creek, a man with terminal brain cancer lost his job at Wal-Mart because he tested positive for marijuana, even though he was properly registered with the state.

 

Award-winner fired

Joseph Casias, 30, was the 2008 Employee of the Year at a Wal-Mart in Battle Creek. He was fired in November 2009 because he tested positive for marijuana use. Casias had been prescribed medical marijuana to try to control pain he suffers from terminal brain cancer.

 

"Michigan voters decided medical marijuana use should be permitted because they recognized its ability to alleviate the pain, nausea and other symptoms associated with debilitating medical conditions," said Dan Grow, a St. Joseph attorney representing Casias.

 

"No corporation should be able to flout state law."

 

Michigan's medical marijuana law shields patients registered with the state from disciplinary action by a business for using medical marijuana, but doesn't protect patients who use marijuana on the job. The active compound in marijuana can be detected days after use, making it impossible to determine how recently a patient used marijuana or if they are under the influence.

 

Eviction notice served

In Elk Rapids, Montroy was served with an eviction notice from her apartment.

 

She had a marijuana plant growing in a locked closet in her home. State guidelines mandate keeping the plant in a secured area.

 

In Montroy's case, the sticking point was the federal subsidy received for her apartment. Under federal law, marijuana use is illegal; many federally subsidized apartment complexes believe they must follow federal laws or risk losing federal funding.

 

The American Civil Liberties Union of Michigan filed a lawsuit on her behalf, and Montroy was allowed to stay in her apartment.

 

"We have multiple complaints from people who are doing everything by the book and being told by their landlords they have to leave," said Dan Korobkin, an staff attorney for the ACLU of Michigan. "Medical marijuana patients and their caregivers are seeing their rights violated all around the state."

 

More cases are likely to go to court as more apartment complexes go totally smoke-free, said Bergman of the Ann Arbor-based Smoke Free group. Banning cigarettes saves apartment owners the cost of new carpet and repainting when a smoker moves out, Bergman said.

 

'We need some clarity'

He added that allowing medical marijuana in apartments could raise issues of fairness for neighboring tenants, who may work in a zero-tolerance drug environment and could acquire the active compound of marijuana in their bodies from breathing in second-hand smoke.

 

Medical marijuana-related evictions will rise until there is clear definition of the law, officials say. "There needs to be a case get to the (Michigan) Supreme Court because we need some clarity," Bergman said. "There's confusion out there now."

 

State Rep. Kevin Elsenheimer, R-Kewadin, said the Legislature needs to address the issue. Elsenheimer opposed the medical marijuana act, but he came to the aid of Montroy, who lives in his district, when she faced eviction.

 

"It was law in Michigan, and it was voted on by the people, and it needed to be respected," Elsenheimer said. "But this is what could result from poorly worded legislation."

 

'Workable system' sought

"We have a system of legislators who are supposed to work out these issues," he said. "They are going to have to get involved to flesh out this issue … to create a workable system."

 

Montroy hopes the issue is resolved soon. If she had to choose between her apartment and her medical marijuana, she's not sure what she would do.

 

"I don't have a lot of options," Montroy said. "It scares me."

 

rfrench@detnews.com

 

(517) 371-3664

 

For the orginal article and more stories like this please visit :

 

The Detroit News: http://detnews.com/article/20101126/METRO/11260375/Michigan-medical...

 

What is sad is patients should always come first and most these so called gray area's are from pure lack of acceptance along with education on the part of officials and Law enforcement with closed minds and hearts . You can add to the list of risks for patients loss of rights ,freedom ,and lives .

 

From Member Wayne'sWorld :

 

Posted to the MINORML talk-list by Bob Wood, Tuscola County Norml Executive Director.

 

We will be demonstrating outside the Tuscola County Courthouse Tuesday Nov. 30

from 7:45 am until 8:20 am.

 

Keith Campbell’s trial starts at 8:30 am Nov. 30th 2010.

 

Court House address: 440 N State St. Caro Mi. 48723

 

We would like to get as many people to attend Keith’s trial as possible to

support Keith and protect the affirmative defense of the Michigan Medical

Marihuana Act.

 

Woodzzz's Motel in Caro will discount rooms for any NORML

member coming to Keith's trial.

 

Normally $71.00 per room discounted to $50.00 for NORML people. Order your room

asap.

 

Woodzzz's Motel

2010 W. Caro Rd.

Caro Mi.

989-673-5225

woodzzz.com for more info.

 

Mention NORML or the fact that you want the discount for norml people.

 

http://michiganmedicalmarijuana.org/topic/25954-court-date/page__pid__235738#entry235738

[+JohnQHempseed]

This article is full of misinformation. I encourage all who read this post to email Mr.French and submit their opinions on this-

[peanutbutter]

Mr. Ron French, Detroit News

 

I read the article that you wrote in the Detroit News today about medical

marijuana in Michigan.

 

Would you believe that there are people, in places of authority, that don't

like the new law?

 

There is a focused effort taking place to eliminate as much of this law as

possible.

 

One primary element in this effort is to convince the general population

that the law is confusing. Since it is confusing, it should be replaced.

They claim there is a need to arrest as many people as possible to help them

to "understand."

 

I'll bet that if these folks had their way they would first eliminate the

existing law and then talk about what to replace it with. A process that

would take at least five years, I would guess.

 

This law simply doesn't read the way they would like it to. So they intend

to arrest as many people as possible to "help them understand" what the

voters told them to do.

 

As long as they pretend they don't understand, they will continue to get

away with arresting innocent people.

 

Please stop supporting the abuse of sick and dying people in Michigan.

 

peanutbutter