Sunday, March 13, 2011
Posted by CN Staff on March 11, 2011 at 16:58:03 PT
By Stephen Dockery, Associated Press
Source: Associated Press
MT -- As Montanans flooded the Capitol Friday to again testify on a proposed repeal of medical marijuana, lawmakers were as uncertain as ever on the fate of Legislative action on the law.
A general sentiment prevails in the Legislature that something must be done to reel in a medical marijuana industry that many say has spiraled beyond the intent of the law approved in a 2004 voter initiative. An abundance of pot shops, drug use among youth and police concern over organized crime has many legislators worried that the state's rugged big sky reputation is being replaced by a blooming pot industry.
Three medical marijuana options are now poised before lawmakers: Outright repeal, a proposition viewed with skepticism by some lawmakers who say there is a legitimate need for some patients to use marijuana. Reform and regulation, a difficult task given the scope of the marijuana industry and uncertainty of how to fine tune legislation. Inaction, an option favored by few but a looming possibility given the difficulty of following through on the other two actions.
The Senate Judiciary Committee is most likely where the face of legislative action on medical marijuana will reveal itself. Many House or Senate bills dealing with medical marijuana must eventually pass through the 12 person body that seems to be closely divided between supporters of repeal and reform.
Committee Chairperson Sen. Terry Murphy said he favors a reform of the initiative because of what he said is a medical need for the drug that can't be filled by anything else.
A number of measures for reform have survived through the first half of the legislative session. Several bills propose making it more difficult for minors to access marijuana, adding fees for marijuana card holders and increasing local authority over marijuana use.
Although Murphy wants reform, he said he see few workable reform bills in front of the Legislature currently.
"None of the bills I've seen individually seem to do the whole job that we would like to do, they are either overregulating or not covering every area that needs to be covered," said the Cardwell Republican.
Murphy said he would want to see his committee pull together a reform measure that incorporates the best of all the regulation measures in the legislature.
The question is whether amending and resurrecting such a Frankenstein-like blend is a feasible option to get through both chambers.
Sen. Jim Shockley sympathized with Murphy's position on medical marijuana reform but said he now doesn't see it as a viable measure.
"At this point we are not going to get a bill that is tight enough to satisfy me, and if we did we wouldn't get it through the House," said the Victor Republican who initially supported reform.
"The choice right now is to either repeal it or do what we've got now and what we've got now is not going to work," Shockley said.
The most probable measure for repeal is Republican House Speaker Mike Milburn's proposal that drew state officials, doctors, patients and teachers to line up for hours Friday to speak for a minute or two on his full repeal of medical marijuana bill.
Milburn said the ballot initiative that created the medical marijuana program "tugged on voters heart strings but it failed on almost all accounts."
The Cascade Representative and supporters of the measure say the medical marijuana industry is bringing dangerous organized crime to Montana and addicting the state's youth on the drug. They say the law is beyond reform.
Opponents speaking Friday said the concerns that marijuana is hurting the rest of society is exaggerated and the use of marijuana is the only way some people can live a normal life. Many opponents wore buttons encouraging legislators to "fix it, don't nix it."
"Medical marijuana is the only medication on this planet that will help me," said Daniel Decker, 39, who suffers from chronic pain. "The fact that I use this medication has nothing to do with other people."
The measure cleared the House handily last month on a 62-37 vote. It now faces the Senate committee vote and several more Senate votes before it could go to the governor to sign. Gov. Brian Schweitzer has not made clear how he would act on a medical marijuana repeal.
A looming specter over all of the legislation and debate around medical marijuana is indecision. If a repeal is viewed as too harsh, if reform is unworkable or a veto comes from the governor's office, the status quo could stand for another two years.
Chairman Murphy said few lawmakers see that as acceptable.
"If we do nothing we have the same situation for two more years and many, many thousands more of the (medical marijuana) cards out," he said.
Source: Associated Press (Wire)
Author: Stephen Dockery, Associated Press
Published: March 11, 2011
Copyright: 2011 The Associated Press
CannabisNews Medical Marijuana Archives
Arizona state lawmakers are moving to give some relief to employers who fear the new medical marijuana laws are going to leave them powerless.
Posted by CN Staff on March 12, 2011 at 17:11:28 PT
By Howard Fischer, Capitol Media Services
Source: Yuma Sun
Phoenix -- State lawmakers are moving to give some relief to employers who fear the new medical marijuana laws are going to leave them powerless to fire or transfer workers who will soon be legally entitled to use the drug.
Legislation crafted by attorney David Selden would provide guidelines that companies could follow and not run afoul of the law. It also would provide some immunity from being sued by an unhappy employee.
That law, approved by voters in November, allows those with a doctor's recommendation to obtain up to 2 1/2 ounces of marijuana every two weeks.
But the ballot measure also contains anti-discrimination provisions, including one that says an employer cannot make hiring, firing and disciplinary conditions based on a person's status as the holder of a medical marijuana card.
Potentially more significant for employers, that protection extends to someone who tests positive for drugs unless the company could prove the person used or possessed marijuana on the job or was “impaired” during work hours.
Only thing is, the law does not define exactly what constitutes impairment.
Selden, who specializes in labor law, said many companies maintain a zero-tolerance policy on drugs.
“In the medical marijuana statute, that may not be the appropriate policy because the person may have a prescription for that,” he said. “Yet there are still many jobs that are safety-sensitive jobs where the employer, to comply with OSHA and other responsibilities would not want a person who is on marijuana, even if it's lawfully prescribed, be operating things such as a forklift at Home Depot.”
As already approved by the House on a 56-3 vote, HB 2541 would give protections to employers who take actions against workers in these safety-sensitive positions who, in good faith, they believe may be impaired.
But the language of that “good faith belief” exception created heartburn for some legislators and forced proponents to make some changes.
Rep. Daniel Patterson, D-Tucson, pointed out, for example, the legislation as introduced would permit companies to act based solely on “information reported by a person believed to be reliable.” Selden defended that language.
“Employers today make countless decisions based on information from people believed to be reliable,” he said, which could include a supervisor, a co-worker or even security personnel.
“When sexual harassment allegations are made, employers investigate those and make those decisions,” Selden continued. Anyway, he said, these decisions always are subject to review.
Selden also said a worker could challenge any action which was based solely on the statements of someone who had reason to purposely make up a story.
More troubling, said Patterson, was language that exempted employers from being sued for taking action if they had a good faith belief that the worker “had consumed (drugs) in the recent past or intended to consume in the near future.” That would even include an employee with a medical marijuana recommendation who intended to smoke the drug after going home from work.
“People that may need medical marijuana as medicine are going to be unfortunately caught up in a bad situation,” Patterson said. “They could lose their jobs.”
And Rep. Eddie Farnsworth, R-Gilbert, said he was uncomfortable with the whole idea of immunity.
“Businesses should have the ability to do what this bill does,” he said. “But I think they act inappropriately they ought to be subject to the same kind of litigation everybody else is.”
Those concerns made a difference.
The version eventually approved by the House removed any reference to consumption in the recent past or near future. Instead, action would be allowed -- and immunity granted -- only for current use of marijuana.
That provision allowing information from a reliable source was altered to add a requirement that there be a report from someone who actually witnessed the use or possession of drugs or drug paraphernalia at work. And anyone who acts with “gross negligence” is not entitled to the presumption of acting in good faith.
Rep. Kimberly Yee, R-Phoenix, who agreed to sponsor the legislation, said the bill, even as modified, offers valuable protection for companies.
“Employers want to comply with the law,” she said of the voter-approved statute. “But they do not want to see their workplace put at risk due to an employee who is unable to safely perform his or her job.”
The legislation still needs Senate approval.
AYES: 56 NAYS: 3 NOT VOTING: 1
Source: Sun, The (Yuma, AZ)
Author: Howard Fischer, Capitol Media Services
Published: March 12, 2011
Copyright: 2011 The Sun
CannabisNews Medical Marijuana Archives
Posted by CN Staff on March 12, 2011 at 19:47:16 PT
By W. Zachary Malinowski, Journal Staff Writer
Source: Providence Journal
Providence, RI -- Richard Collins doesn’t fit the profile of your typical stoner. He’s 67 years old, a Marine Corps veteran, and he said he’s never had a brush with the law.
But you would be hard-pressed to find anyone who smokes more marijuana than this Montana native. He tokes “all day, every day,” to ease a host of ailments including depression, back pain, headaches and arthritis. For the better part of 50 years, Collins, an artist, bought his dope on the street, often from unsavory characters he calls “crooks.”
Last year, he joined about 125,000 Colorado residents in the state’s booming medical marijuana program. Once a week, he drives 12 miles to Denver from his home in suburban Lakewood to buy his marijuana at Cannabis Medical Technology, housed in a brown stucco building near the Colorado Democratic Party headquarters in the city’s bustling Arts District.
“I never thought I’d see the day I’d be doing this,” said Collins, who bought one quarter ounce of marijuana and three blunts for $120 with a credit card. “I’m not going to apologize for smoking marijuana. I think it’s wonderful. I’m a good citizen. In the end, I’m legal.”
Colorado is one of 15 states, including Rhode Island, that have legalized the use of marijuana to treat certain medical conditions.
So far, just two of those states, Colorado and New Mexico, have state-regulated dispensaries that are legally selling marijuana. Maine is about to become the third — the first on the East Coast — and Rhode Island will soon join in.
On Tuesday, the Rhode Island Health Department is scheduled to select up to three applicants to open Rhode Island’s first marijuana dispensaries. The decision was delayed a week, after the department’s interim director sought additional time to review the applications. The dispensaries may open for business sometime this spring.
Rhode Island has more than 3,000 residents licensed to use medical marijuana.
Complete Article: http://drugsense.org/url/uEZkjxZf
Source: Providence Journal, The (RI)
Author: W. Zachary Malinowski, Journal Staff Writer
Published: Sunday, March 13, 2011
Copyright: 2011 The Providence Journal Company
Posted by CN Staff on March 13, 2011 at 08:16:53 PT
By W. Zachary Malinowski, Journal Staff Writer
Source: Providence Journal
Providence, RI -- The long-awaited debut of medical marijuana dispensaries in Rhode Island this spring promises to help deal with the state’s projected $295-million budget deficit.
Last week, Governor Chafee proposed $157 million in new taxes on a wide array of items, including a 6-percent sales tax on medical marijuana sold at dispensaries. But just how much revenue could sales in the state’s growing medical-marijuana program deliver to the state’s coffers?
State Tax Administrator David Sullivan said that his office projects $802,000 in marijuana sales taxes for fiscal year 2012, which begins July 1. He said that the state expects the figure to climb to $1.3 million in the following fiscal year, which ends June 30, 2013.
Meanwhile, the state would also place a 4-percent surcharge on gross monthly dispensary sales, under the budget proposal. Assuming that the Health Department issues permits for three dispensaries, the state predicts that the surcharge would produce $1.4 million during the dispensaries’ first two years of business.
All told, that’s $3.5 million in new tax revenue over two years. The Health Department is expected to announce on Tuesday the names of operators for up to three dispensaries. They will be chosen from a list of 18 applications.
JoAnne Leppanen, executive director of the Rhode Island Patient Advocacy Coalition, forecast that once the dispensaries open, 75 to 100 patients a week will apply to the Health Department for licenses to use medical marijuana, compared to about 30 now. There are now 3,271 Rhode Islanders licensed to use and grow medical marijuana, and 2,077 licensed to grow it for approved users.
Dispensary owners in Colorado expect that the opening of three dispensaries in Rhode Island would lead to a dramatic surge in medical marijuana patients. They say that the centers are safe, and they erase many of the stigmas associated with using marijuana.
Complete Article: http://drugsense.org/url/7cRBmQqK
Source: Providence Journal, The (RI)
Author: W. Zachary Malinowski, Journal Staff Writer
Published: Sunday, March 13, 2011
Copyright: 2011 The Providence Journal Company
CannabisNews Medical Marijuana Archives
Sunday, March 6, 2011
The Michigan Court of Appeals is deciding whether to review the case against Fredrick Wayne Dagit. It's unknown when a decision will be made. Section 8 of the state's medical marijuana act says charges should be dropped against a patient and primary caregiver, if any, if they "were collectively in possession of a quantity of (marijuana) that was not more than was reasonably necessary to ensure the uninterrupted availability of (marijuana) for the purpose of treating or alleviating the patient's serious or debilitating medical condition."
The state's medical marijuana law is often described as ambiguous and poorly crafted.
An Oakland County judge called it "one of the worst pieces of legislation I've ever seen."
State lawmakers, prosecutors and legal experts believe the law, which voters passed in 2008 by a wide margin, is intentionally vague - because its supporters and authors want complete legalization.
Among those caught in the middle is Fredrick Wayne Dagit, who is facing prison time and whose case is on hold while the state Court of Appeals decides if it will consider whether his activities were protected under the statute.
"The ambiguity, to me, is extremely unfortunate not only for the community, but also for those people who are trying to take advantage of the statute - they're going to be sacrificial lambs," said Thomas M. Cooley law professor Gerald Fisher, an expert the state's medical marijuana law.
"The ambiguity cuts both ways, and some of them are going to jail."
Dagit, 61, is facing charges related to supplying marijuana to the Green Leaf Smokers Club, a medical marijuana club in Williamstown Township, as well as other related entities, including the Church for Compassionate Care Ministries.
Dagit is charged with two counts of possession with intent to deliver between 11 and 99 pounds of marijuana, growing 20 or more marijuana plants, and maintaining a drug house. He also faces a misdemeanor possession charge. He faces up to seven years in prison if convicted.
According to court documents, Dagit bought 67 pounds of marijuana last May for the club, a cooperative that his attorneys say served more than 340 patients and 12 caregivers. He and the confidential informant who sold him the marijuana also agreed to set aside another 50 pounds to be purchased for the cooperative at a later time.
117 pounds for clubDagit's attorney, James White, has argued that the purchase of 117 pounds of marijuana using the collective's money was protected under a provision of the medical marijuana law. That provision says charges should be dismissed if a patient and caregiver collectively possess enough marijuana that is "reasonably necessary to ensure uninterrupted availability" for treatment.
Advocates for the state medical marijuana law’s confidentiality provisions were in federal court Feb. 2nd in Grand Rapids trying to quash a federal subpoena for medical information in the possession of the Michigan Department of Community Health.
Both state and federal authorities were in court on Tuesday as well as advocates for Michigan Association of Compassion Clubs arguing over whether the MDCH can release information about seven patients/caregivers without violating the law’s confidentiality clause. The Medical Marijuana Act makes it a crime to release information contained in the confidential records turned over to the Michigan Department of Community Health as part of getting a patient card.
Republican Attorney General Bill Schuette has said he will release the information if the federal courts issue an order directing the records be released and preventing officials from being held liable for the release under Michigan law. Schuette opposed the 2008 ballot initiative which created the law.
Jamie Lowell from MACC had this to say to the Grand Rapids Press about the potential impact of releasing confidential medical records.
“When you get the application, you are under the impression all of the information will remain confidential,” he said Tuesday, outside of U.S. District Court. “People aren’t going to have that peace of mind, and they’ll think twice.”
Federal officials, however, say MACC has no business in a legal dispute between the state and federal governments.
[Assistant U.S. Attorney John] Bruha said that medical-marijuana advocates have built a case based on “rather vague confidentiality provisions,” in the law. The federal government could legally obtain the information on specified patients through a third party, or the state, which does not violate constitutional rights against self-incrimination because “the target is not being forced or compelled to do anything,” he said.
On November 4, 2008, 63% of Michigan voters approved the Michigan Medical Marihuana Act (MMMA) – MPP's campaign committee drafted the law and led the resoundingly successful campaign efforts. Since that time, nearly 50,000 Michigan residents have been certified by the Michigan Department of Community Health to legally use marijuana to treat debilitating conditions such as cancer, multiple sclerosis, and HIV/AIDS. Now all eyes are on the Michigan legislature to see what changes, if any, are in store for the program.
In an opening salvo, Sen. Rick Jones (R-Grand Ledge) has filed a bill – SB 17 – that would prohibit the operation of “marihuana clubs.” For his part, Jones says his intent is to prohibit abuses of the law; namely driving away from clubs moments after smoking marijuana. “If a dispensary is going to dispense, that’s fine,” Jones said. “(But) take the prescription home, don’t use it at the premises and drive away.”
The real test will come later when the legislature decides how, if at all, to regulate and tax dispensaries in the state. Jones is convening a task force to address the issue now, and patient advocates will play a role in the decisions made. “I think Senator Jones is a fair man," said Tim Beck, director of the Michigan Association of Compassion Centers. "We believe in his concepts, but the devil, in the end, will be in the details. We feel comfortable working with him.”
Marijuana laws in Michigan (non-medical)
Michigan law is unusual in that it includes separate penalties for the possession and use of marijuana. Possession of any amount of marijuana – whether several ounces or a single gram – is a misdemeanor punishable by up to a year in jail and a fine of up to $2,000. Separately, use of marijuana is also a misdemeanor, but punishable by 90 days in jail and a fine of not more than $100. Lastly, possession in or within 1,000 feet of a public or private park can land the offender in jail for up to 2 years.
- You must be a Michigan resident to be a registered patient in the Michigan Medical Marihuana Program (MMMP).
- There is an application fee to register for the MMMP. The fee cannot be waived, although it can be reduced under certain circumstances.
- You must have a qualifying debilitating medical condition as listed on the Attending Physician's Statement.
- The MMMP cannot supply you with seeds or starter plants, or give you advice on how to grow medical marihuana.
- Your physician must be a Medical Doctor (MD) or Doctor of Osteopathic Medicine (DO) licensed to practice in Michigan. You must have an established patient/physician relationship with your "attending physician." Other licensed health professionals such as Chiropractors, physician assistants and nurse practitioners cannot sign the documentation.
- The MMMP cannot refer you to a physician. The MMMP does not have a physician referral list.
- You, or your designated primary caregiver, may grow your marihuana. There is no place in the state of Michigan to legally purchase medical marihuana.
- The MMMP cannot find a designated primary caregiver for you. The MMMP does not keep a referral list of persons who want to be caregivers for patients. (You are not required to list a caregiver unless you are less than 18 years old.) Your caregiver cannot be your physician.
- If you decide to change your caregiver, it is your responsibility to notify him or her that he or she is no longer protected under the law. The MMMP does not communicate directly with caregivers.
- The MMMP will only speak directly with the patient. All written requests to release information must be signed and dated by the patient. The MMMP will not accept written or verbal requests for information from your caregiver or any other person without your permission.
- The Act neither protects marihuana plants from seizure nor individuals from prosecution if the federal government chooses to take action against patients or caregivers under the federal Controlled Substances Act.
Question: Why is marihuana spelled with an "h", rather than a "j", in Initiated Law 1 of 2008 and the administrative rules?
Answer: Marihuana is one of two acceptable spellings in the dictionary and is consistent with the spelling in the Michigan Public Health Code, Act 368 of 1978, and Initiated Law 1 of 2008.
Question: How do I register as a medical cannabis patient with the state?
Answer: "Qualifying patients" must register with the Michigan Department of Community Health, Bureau of Health Professions, P.O. Box 30083, Lansing, Michigan 48909.
To register, the patient must submit (on forms provided by the department) the following information:
(a) an application or renewal fee;
(b) the name, address, and birth date of the qualifying patient;
(c) the name, address, and telephone number of the qualifying patient's physician;
(d) the name, address, and birth date of the qualifying patient's caregiver, if any.
(e) written certification that the person is a qualifying patient.
Question: What medical conditions are eligible?
Answer: Patients must suffer from a debilitating medical condition, defined as:
(a) cancer, glaucoma, or positive status for human immunodeficiency virus (HIV), acquired immune deficiency syndrome (AIDS), hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, agitation of Alzheimer's disease, or nail patella.
(b) a chronic or debilitating disease or medical condition or its treatment that produces one of more of the following:
(i) cachexia or wasting syndrome;
(ii) severe and chronic pain;
(iii) severe nausea;
(iv) seizures, including but not limited to those caused by epilepsy; or
(v) severe or persistent muscle spasms, including but not limited to, those which are characteristic of multiple sclerosis; or
(c) any other medical condition or treatment for a medical condition adopted by the department by rule. (NOTE: To date, the department has not added to the list by administrative rule.)
Question: Do any age limits apply?
Answer: Registered caregivers must be 21 or older. Patients under age 18 must have the consent of their parent or guardian responsible for medical decisions. The parent or guardian must be the registered caregiver of the minor patient.
Question: What is the fee to apply for participation in the Michigan Medical Cannabis Program (MMMP)? Are there any circumstances under which the fee can be reduced?
Answer: The fee for a new or renewal application is $100.00, unless a qualifying patient can demonstrate his or her current eligibility in the Medicaid Health Plan or receipt of current SSD or SSI benefits, in which case the application fee is $25.00.
Question: I don't have the money for the registration fee. Is it a one-time payment? Can it be waived? Can I make installment payments?
Answer: Full payment, by check or money order, must be made at the time of the initial application and at renewal each year. The fee cannot be waived, and the department cannot accept installment payments.
Question: Why do I need to have a physician sign and date a "Physician Certification" form? Why can't I just provide my medical records?
Answer: According to the Michigan Medical Cannabis Act (MMMA), a physician must state in writing that the patient has a qualifying debilitating medical condition and that medical cannabis may mitigate the symptoms or effects of that condition. The MMMP contacts each physician during the application process to verify the patient is under the physician's care. A signed and dated "Physician Certification" must be current within 3 months of the date of a person's new or renewal application.
Question: Can the MMMP refer me to a physician?
Answer: No. The MMMP does not serve as a referral source. Any Doctor of Medicine (MD) or Doctor of Osteopathic Medicine (DO) licensed in Michigan can recommend a patient for the program.
Question: Why are only MDs (Medical Doctors) and DOs (Doctors of Osteopathic Medicine) qualified to sign the "Physician Certification"? Why not chiropractors, physician's assistants or nurse practitioners? Does the physician have to be licensed in Michigan?
Answer: The MMMA states that a "physician" means a Doctor of Medicine (MD) or Doctor of Osteopathic Medicine (DO) licensed under Article 15, Parts 170 and 175 of the Michigan Public Health Code. MDs and DOs are the physicians licensed under these parts. The law also specifies that a physician must be licensed in Michigan. The MMMP verifies with the Board of Medicine or Board of Osteopathic Medicine that each patient's attending physician has a valid license to practice medicine in Michigan and has no disqualifying restrictions.
Question: Can I have someone else sign and date my application (a "proxy") if I am physically unable to do so?
Answer: Yes, as long as the individual signing your application identifies him or herself as your proxy next to his or her signature on your application or has provided documentation showing guardianship or power of attorney.
Question: What happens to my application once I mail it? What if I don't send in all the required parts of my application?
Answer: The MMMP has 15 days to review your application to make sure it is complete and all parts are current. If your application is complete, your registry identification card will be issued within 5 days after the MMMP verifies the information on your application. If you don't send in all the required parts of your application, the application will be denied.
Question: Do I need to keep a copy of my application and any other information I send to the MMMP?
Answer: Yes. If your application has not yet been approved, denied or terminated you may provide law enforcement with a copy of your written documentation submitted to the department; you must also submit proof of the date of mailing or other transmission of the documentation. This documentation shall have the same legal effect as a registry identification card, until such time as you receive your card or you have received notification that your application has been approved, denied or terminated.
Question: Who has access to the patient registry list?
Answer: The state will maintain a confidential list of "qualified patients" and "approved caregivers" to whom the department has issued registry identification cards. Individual names and other identifying information on the list must be confidential and is not subject to disclosure, except to:
(a) authorized employees of the department as necessary to perform official duties of the department; or
(b) authorized employees of state or local law enforcement agencies, only as necessary to verify that a person is a lawful possessor of a registry identification card.
Question: Is my confidentiality protected?
Answer: Yes. The MMMP does not give out lists of patients or caregivers. Law enforcement personnel may contact the MMMP only to verify if a patient or caregiver registration card is valid. The MMMP will tell law enforcement staff if the patient or caregiver is registered. The MMMP will disclose patient information to others only at the specific written request of the patient. MMMP computer files are secure and paper files are kept locked when not in use.
Question: Can a patient withdraw from the program?
Answer: Yes. A patient must submit a written statement that he or she wishes to withdraw from the MMMP. The MMMP will request that all cards be returned and the file will be closed. The patient's card and all cards associated will be voided. It is the responsibility of the patient to notify his or her caregiver, if applicable, that his or her card is no longer valid. It is the patient's responsibility to collect all cards associated with his or her patient card and return them to the Department. If the Department is notified by the patient that he or she would like to withdraw from the program, the Department shall notify the primary caregiver by mail at the address of record informing the caregiver that his or her card is no longer valid and must be returned to the Department within fourteen (14) calendar days. All cards must be returned to the Department within fourteen (14) calendar days of the date that the Department was notified of withdrawal. If the patient so chooses he or she may reapply as a new patient at any time. In order to reapply a patient must submit the required documentation and application fee.
Question: Do patients get a refund if they withdraw from the program?
Answer: Yes and no. No refund will be given for patients who withdraw once their cards have been issued. A refund may be given to a patient who withdraws before cards are issued.
Question: Do I have to tell the MMMP if I change my mailing address or change my designated primary caregiver?
Answer: The answer to these questions is "yes". You are required to tell the MMMP in writing of any such changes within 14 days of the change. The MMMP does not accept changes of information over the telephone. The MMMP only accepts written changes about the patient's name, the patient's address, the patient's telephone number, the patient's physician, or the patient's primary caregiver. There is a $10.00 fee for issuance of a new registry card. Your new card reflects the changes you have requested. Your changes will be made in our computer database and will be put in your file. You will be protected from civil and criminal penalties for these changes. If you change your caregiver, you will be asked to return your old caregiver card within 14 days.
Question: Do I get a prescription from my doctor?
Answer: The federal government classifies cannabis as a Schedule 1 drug, which means that licensed medical practitioners cannot prescribe it. Your physician must provide written certification of a "debilitating medical condition" and can only recommend the use of medical cannabis.
Question: Where do I get the seeds or plants to start growing medical cannabis?
Answer: The MMMP is not a resource for the growing process and does not have information to give to patients.
Question: Why can't I go to a pharmacy to fill a prescription for medical cannabis?
Answer: Pharmacies can only dispense medications "prescribed" by licensed physicians. The federal government classifies cannabis as a Schedule I drug, which means licensed physicians cannot prescribe it.
Question: Can doctors get in trouble for discussing medical cannabis?
Answer: Not under Michigan state law. A physician may not be arrested, prosecuted or penalized in any manner, or be denied any right or privilege, including but not limited to civil penalty or disciplinary action by the Board of Medicine or Board of Osteopathic Medicine.
Question: I am too ill to grow my own medical mcannabis. What can I do?
Answer: The MMMA provides for a system of designated caregivers. The caregiver can acquire 2.5 ounces of usable cannabis and grow up to 12 cannabis plants for a qualifying patient. The caregiver may assist up to 5 patients. The caregiver must sign a statement agreeing to provide cannabis only to the qualifying patients who have named the individual as their caregiver. The caregiver's name, address, birth date and social security number must be provided to the state at the time of a patient's registration. The Department will issue a registry identification card to the caregiver who is named by a qualifying patient on his/her application. The Department may not issue a registry identification card to a proposed caregiver who has previously been convicted of a felony drug offense. The Department will verify through a background check with the Michigan State Police that the designated caregiver has no disqualifying felony drug conviction. A caregiver may receive reasonable compensation for services provided to assist with a qualifying patient's medical use of cannabis.
Question: Who can ingest medical cannabis?
Answer: Under the MMMA, only a person with a qualifying debilitating medical condition who has obtained a valid MMMP card is exempt from criminal laws of the state for engaging in the medical use of cannabis as justified to mitigate the symptoms or effects of the person's debilitating medical condition.
Question: How are the laws and rules of the MMMA enforced?
Answer: The MMMP enforces the registration process making sure applications are complete before issuing a registry identification card, terminating incomplete or fraudulent applications, and revoking cards if individuals commit violations of the MMMA. The MMMP verifies the validity of a registration card of patients and caregivers with local and state law enforcement personnel if they call the MMMP requesting such information. Local and state law enforcement personnel may take any action they believe is necessary to enforce the criminal laws of the state, including violations of the MMMA. Local and state law enforcement actions may vary. The MMMP has no authority to direct the activities of local and state law enforcement agencies.
Question: Can the MMMP give me legal advice?
Answer: No. If you have questions concerning compliance with the Michigan Medical Cannabis Act, you may wish to consult with an attorney.
Question: Will paraphernalia associated with my medical use be protected?
Answer: Yes, in Section 4 of the MMMA, asserting medical use of your "paraphernalia relating to the consumption of cannabis" is an affirmative defense.
Question: Can the police search me just for having a patient registry card?
Answer: No, not under Michigan law. Possession of, or application for, a registry identification card does not alone constitute probable cause to search the person or property of the person possessing or applying for the registry identification card or otherwise subject the person or property to inspection by any governmental agency, including a law enforcement agency.
Question: Will my medical insurance cover medical mcannabis?
Answer: Probably not. The MMMA does not require a government medical assistance program or commercial or non-profit health insurer to reimburse a person for costs associated with the medical use of cannabis.
Question: Can I use medical cannabis at work?
Answer: This is up to the employer. Even if you are a registered patient, your employer may still prohibit medical cannabis use in the workplace.
Question: If I live in a nursing home, assisted living facility, or a retirement home, can I consume medical cannabis?
Answer: Presuming you are registered with the state patient registry and carrying your registry identification card, the law does not specifically prohibit the use of medical cannabis in those settings. However, the facility or home may have prohibitions. Therefore, you must verify with the facility if using medical cannabis is permitted and under what circumstances or conditions.
Question: Where can I consume medical cannabis?
Answer: Presuming you are registered with the state patient registry and carrying your registry identification card, you may consume medical cannabis on your property or elsewhere. However, the law does not permit any person to do any of the following:
(1) Undertake any task under the influence of cannabis, when doing so would constitute negligence or professional malpractice.
(2) Possess cannabis, or otherwise engage in the medical use of cannabis:
(a) in a school bus;
(b) on the grounds of any preschool or primary or secondary school; or
(c) in any correctional facility.
(3) Smoke cannabis:
(a) on any form of public transportation; or
(b) in any public place.
(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of cannabis.
Question: I live within 1000 feet of a school, AKA a "drug free zone". Can I still grow and/or possess my medical cannabis there?
Answer: The MMMA does not address this issue. You may wish to contact an attorney about this issue.
Question: Do I have to tell my landlord that I am a patient in the MMMP? Can my landlord evict me if I am a patient in the MMMP and have my grow site in my rental housing? Can I live in subsidized housing and be a patient in the MMMP?
Answer: It is up to you to decide whether or not to tell your landlord that you are a patient in the MMMP. Nothing in the MMMA specifically addresses whether or not you can be evicted because you are a patient in the MMMP, even if you have only the amount of medical cannabis allowed by law. Nothing in the MMMA specifically addresses whether or not a person can be an MMMP patient and live in subsidized housing. If you have questions about these important issues, you may wish to talk to an attorney to learn about your rights and protections.
Question: What should I tell my employer if I am subjected to a drug test?
Answer: The MMMA states that employers are not required to accommodate employees who use medical cannabis. You may wish to consult an attorney about whether or not to tell your employer that you are a patient in the MMMP. A patient may contact the MMMP in writing to ask the program to release information about the patient's registration to an employer.
Question: Can I use cannabis while on parole/probation if I have an MMMP card?
Answer: The authorities that are responsible for your probation/parole/post-prison supervision can impose restrictions on your possession and use of medical cannabis as a condition of your supervision, even if you have a valid MMMP card. Most offenders' supervision is subject to an "obey all laws" condition. Since cannabis possession and use is illegal under federal law, supervisory authorities can sanction an offender for possessing cannabis, even if he or she has an MMMP card. Sanctions could result in your arrest and return to jail. If you are on probation, parole, post-prison supervision, or other form of conditional supervision for conviction of a crime, you should consult with your parole and probation officer regarding whether your possession or use of cannabis may subject you to sanction for violation of the conditions of your supervision." The MMMP will revoke the card of a cardholder if a court issues an order that prohibits the cardholder from participating in the medical use of cannabis or otherwise participating in the MMMP.
Question: I am a valid medical cannabis patient under another state's law. Am I protected?
Answer: Yes, under Section 4(j) of the MMMA, a registry identification card or its equivalent issued by another state government to permit the medical use of cannabis by a qualifying patient or to permit a person to assist with a qualify patient's medical use of cannabis has the same force and effect as a registry identification card issued by the Department.
Question: Is the MMMA recognized by other states? Can I travel to another state with medical cannabis and my MMMP registry identification card and not be arrested or charged with civil or criminal penalties?
Answer: At this time, the MMMP is not aware of any "reciprocity" agreements with any other states to honor the Michigan law. This includes even those states that have medical cannabis laws of their own, such as Washington and California. Because medical cannabis programs vary by state, you may want to contact the state you are traveling to for information on their laws.
Question: Can patients form growing cooperatives?
Answer: The law does not address this. Consult with your local law enforcement officer or personal attorney.
Question: How do I become a caregiver?
Answer: The MMMA defines a "Primary Caregiver" as a person who is at least 21 years old and who has agreed to assist with a patient's medical use of cannabis and who has never been convicted of a felony involving illegal drugs. Therefore, the qualifying patient (applicant or registrant) and you must complete a "Caregiver Attestation" to be submitted by the qualifying patient.
Question: What if my registry ID card was lost or stolen?
Answer: You would submit a signed statement attesting to the fact that your registry ID card has been lost or stolen (whichever applies) requesting a replacement card. Include your full name clearly written, copy of your identification, and $10.00 check or money order made payable to "State of Michigan-MMMP." Mail the statement and fee to:
Michigan Department of Community Health
Medical Marihuana Registry
PO Box 30083
Lansing, MI 48909
Saturday, March 5, 2011
Strike Force Unwin - which includes detectives from the Drug Squad's Cannabis Team - began on Monday February 28 and ended on Friday March 10 with police targeting various areas including Piggabeen, Chillingham and surrounding areas.
During the week 1365 cannabis plants were found and seized by police during the operation.
Police will conduct a number of similar raids over the next few months in an effort to target cannabis cultivation.
"You won't know where or when we'll strike, but we've got your crops in our sights," Drug Squad Commander Detective Superintendent Nick Bingham said.
"Our aim is to detect and destroy cannabis crops across the state.
"Whether it's a semi-rural crop or on a steep mountainside in a remote part of the state, there's a very high chance police will find it. If you think you're safe growing cannabis then think again," the detective said.
The NSW Police Cannabis Eradication Program has been running since the mid-1980s.
To date, Strike Force Unwin officers have seized plants with a total estimated potential street value of $24.5 million.