Medical Marijuana Patients Have Limited Options As Dispensary Doors Close

[bobandtorey]

 

http://www.cadillacnews.com/news_story/?story_id=1820110&year=2014&issue=20140721

[williams2311]

Can't view article it says I must log in could you post what it says.

[cheapshades]

Medical marijuana patients have limited options as dispensary doors close

By Jeff Broddle

 

After as many as five medical marijuana shops in Wexford County were given notice to shut their doors this month, it is clear there is demand for their product.

 

Michigan voters, who approved medical marijuana by going to the polls in 2008, may not have foreseen the possibility of storefront shops offering different strains of marijuana, but the closure of the dispensaries does raise the question of whether legitimate medical marijuana patients have the resources available to them to obtain marijuana, as voters intended in 2008.

 

Wexford County Prosecuting Attorney Anthony Badovinac said the law is clear: A qualifying patient can only receive medical marijuana from a medical marijuana caregiver.

 

Caregivers, in turn, may provide marijuana to only five patients, or six if the caregiver is also a medical marijuana patient.

Badovinac said many medical marijuana proponents are relying upon a Michigan Supreme Court decision known as the McQueen decision to justify opening medical marijuana dispensaries.

 

“The McQueen decision did not make it legal. It carved out a few exceptions if you have a card,” Badovinac said.

Although in theory a caregiver could open a storefront operation to serve his or her patients, the cost of doing business would be prohibitive because a caregiver can have only five customers.

 

Besides that, Badovinac said, the medical marijuana law allows caregivers to only recover their costs in providing to medical marijuana patients.

 

Osceola County Prosecuting Attorney Tyler Thompson said law enforcement personnel have not pointed any dispensaries in the county out to him.

 

Thompson declined to comment on whether or not there are adequate resources available to legitimate medical marijuana patients, but he did confirm that the McQueen decision clarified that dispensaries are not legal. Thompson also said the law is vague and needs to be clarified.

 

Don Koshmider, 49, said he was providing medical marijuana to licensed patients at his Best Cadillac Provisions store before the moratorium was declared. Koshmider said he was trying to fill a niche in the community and thought he was complying with the law.

“I’m not an anarchist. I believe in the law,” Koshmider said.

 

Dr. Robert Townsend, who operates a pain management practice, said he doesn't have a dog in the fight over whether dispensaries are legal or not, but he did say there is a definite shortage of licensed caregivers for medical marijuana patients.

 

Townsend said he certifies patients inside the Cadillac Compassion Center and has six other practices throughout the state. While his practice does include medical marijuana certification, it also includes other approaches to pain management.

 

The doctor agreed the medical marijuana act does not allow for dispensaries, but he said the system in place since the law was enacted is not enough.

 

Based upon his own experience, Townsend said, there are at least three times as many patients as there are certified caregivers, so a definite shortage of caregivers exists.

 

And although the medical marijuana act does give patients a route for growing marijuana on their own, not all people have a green thumb. Cancer patients, who may use medical marijuana to increase appetite and reduce nausea during chemotherapy, may not have the luxury of having four months to wait for the plants to grow to maturity, Townsend said.

 

Ultimately, Badovinac, said he is not opposed to the law as it stands, if it is followed.

“I don’t have a problem with them using medical marijuana as long as its legal,” Badovinac said. “All we are saying is, ‘comply with the act.’”

 

Read the McQueen Supreme Court decision here:

http://publicdocs.courts.mi.gov:81/OPINIONS/FINAL/SCT/20130208_S143824_91_mcqueen-op.pdf

 

 

Medical marijuana proponents hanging hope on bill

 

CADILLAC — Medical marijuana dispensaries may be considering what to do next in Wexford County after being put on notice by law enforcement, but many are hoping that legislation being considered in Lansing will clarify the Medical Marijuana act and allow the operation of open storefronts.

 

Two bills have been approved by the Senate Government Operations committee clarifying medical marijuana law in the state but have not become law. They would legalize production and sale of edible products such as pot brownies and give local units of government the power to allow the operation of medical marijuana dispensaries.

 

Sen. Darwin Booher, R-Evart, said he doesn't think there is much of a chance the bills could be considered before the end of the year.

Booher also said he believes it shouldn't be that difficult for legitimate medical marijuana patients to find a caregiver capable of supplying them.

 

The senator said he supports patients using medical marijuana for true medical purposes and believes the law was not passed so that "anybody and everybody" may use the drug.

 

“When it is being used for (something other than medical purposes) and is just for getting high, I have a problem with that,” Booher said.

 

Booher declined to comment on whether or not he supports the pending bill, especially since bills have been known to change dramatically.

 

“I am very wary of bills in committee,” Booher said.

 

Why it is important to you: Wexford County marijuana dispensaries have been notified by law enforcement they are not in compliance with the medical marijuana act, which allows one grower to supply only five patients. A local doctor says that demand for medical marijuana outstrips supply.

 

What you need to know: Lawmakers are Lansing are considering legislation that could possibly give local units of government the option to allow dispensaries to operate, although it is not law at this time.

Edited July 21, 2014 by cheapshades

[jointedone]

5 years later......nothing has changed except the law getting more and more complicated.

[williams2311]

I had to leave one yesterday. The nice lady working tried telling me 70 dollars for a 8th I just laughed and left.