





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.
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.”
The RCMP raid – the third in a decade – came late Friday afternoon, but two members of the North Island Compassion Club deny police allegations that the Courtenay-based marijuana dispensary is a front for illegal drug dealing.
Bill Myers and Ernie Yacub, the club’s long-time manager, were arrested on the weekend and police have recommended they be charged with possession for the purpose of trafficking marijuana. Both deny the allegations, saying the club is strictly for users of medical marijuana.
“There is absolutely no illegal drug dealing going on, none, and I can verify that,” said Mr. Myers, 56. “We dispense medical marijuana to people who really need it, and both Ernie and I spend enough time with everybody to know if they’re coming in on a straight edge.”
RCMP executed a search warrant on the society’s Sixth Street headquarters around 4 p.m. Friday, arresting Mr. Yacub, Mr. Myers and two other club members who were questioned and released without charges.
Police seized several pounds of dried marijuana, as well as unspecified quantities of cookies, hashish and cash.
“We recognize there are conflicting views on the medicinal value of marijuana but it remains illegal to sell in the manner in which they were conducting business,” said Comox Valley RCMP Constable Tammy Douglas.
The investigation was triggered by complaints “from neighbours, from Crime Stoppers and from the city,” Constable Douglas said, noting that RCMP have raided the club on two previous occasions in its 10-year history.
In 2006, the club’s founder, Edith Noreen Evers, was charged when police seized and destroyed dozens of pot plants growing on her acreage in Black Creek, south of Campbell River.
Rather than plead guilty and accept a modest fine as punishment, Ms. Evers launched a lengthy legal battle and spent five months in custody before she was sentenced to time served and released last April.
Mr. Yacub, who has managed the club’s affairs for seven years, said relations with the community and the police have been trouble-free since the arrest of Ms. Evers. The club only distributes marijuana to people with applicable conditions whose diagnosis has been confirmed by a doctor, he said.
The North Island Compassion Club has retained Mill Bay lawyer Kirk Tousaw, who represented two members of the Vancouver Island Compassion Club after their 2004 arrest for marijuana trafficking.
In 2009, after dragging through the legal system for five years, the B.C. Supreme Court granted the accused in that case an unconditional discharge.
Mr. Tousaw predicted a similar result for Mr. Yacub and Mr. Myers.
“There’s almost a decade of case law now, all standing for the proposition that bona fide medical marijuana producers and distributors ought to be granted full discharge,” Mr. Tousaw said.
The North Island Compassion Club’s storefront location has been closed until further notice, but Mr. Yacub said legal troubles or not, he and other members remain determined to serve the club’s clients.
- Article from The Globe and Mail.
Spencer Anderson, Comox Valley Echo
The North Island Compassion club, a medical marijuana group, was busted by Comox Valley RCMP last week.
On Friday, police executed a search warrant on the club's headquarters on Sixth Street in Courtenay.
They seized several pounds of marijuana, and arrested four people. RCMP spokeswoman Const. Tammy Douglas confirmed two were charged and released on a promise to appear in court.
"Police are concerned the club has become a front for marijuana dealing," said Douglas in a statement. "We recognize there are conflicting views on the medicinal value of marijuana but it remains illegal to sell in the manner in which they were conducting business."
Ernie Yacub is a director for the club and claims to be one of the two persons charged.
He said the bust shook up a lot of his fellow club members, many of whom he said are already nervous when it comes to getting hold of medicinal marijuana.
"We're talking about people who are sick in the first place, who are having all kinds of similar issues anyway, people who are afraid to talk to their doctors about marijuana ... ," said Yacub. "... So here we have a legal program where some people can access [medical marijuana] while the rest of us are criminalized, and the access is denied."
The Compassion Club has been operating for 10 years and has been at its current location for the last seven. Before that, Yacub said the club was dispensing marijuana at the train station.
He said police were civil and respectful during the bust on Friday but added, "If there's something they don't like about our operation, they can talk to us, instead of coming in here and taking all our medicine..."
Yacub said the club's members - there are 200, by his estimate - depend on the marijuana for pain relief. Yacub himself suffers from spinal stenosis.
"Imagine if the cops raided the only pharmacy in town and took everything. That's what it is for some of our members. Many of them are already on pharmaceuticals, but they also use [marijuana], because it works."
- Article from Canada.com.

ScienceDaily (Feb. 25, 2011) — The active ingredient in cannabis can improve the appetites and sense of taste in cancer patients, according to a new study published online in the cancer journal, Annals of Oncology.
Loss of appetite is common among cancer patients, either because the cancer itself or its treatment affects the sense of taste and smell, leading to decreased enjoyment of food. This, in turn, can lead to weight loss, anorexia, a worse quality of life and decreased survival; therefore, finding effective ways of helping patients to maintain a good diet and consume enough calories is an important aspect of their treatment.
Researchers in Canada ran a small pilot study from May 2006 to December 2008in 21 adult patients with any advanced cancer (except brain cancer) who had been eating less as a result of their illness for two weeks or more. All were either being treated with chemotherapy or had been in the past. The patients were randomly assigned to receive medication from a pharmacist in a double-blind manner, which meant that neither the patients nor the doctors knew which treatment they were receiving. Eleven patients received oral capsules containing delta-9-tetrahydrocannabinol (THC) -- the main psychoactive ingredient in cannabis -- and eight patients were assigned to the control group to receive placebo capsules. The active capsules contained 2.5mg of THC and the patients took them once a day for the first three days, twice a day thereafter, and they had the option to increase their dose up to a maximum of 20mg a day if they wished; however, most followed the dosing protocol, with three patients in both groups increasing their dose to three times a day. The treatment ran for 18 days.
From patient answers to questionnaires conducted before, during and at the end of the trial, the researchers found that the majority (73%) of THC-treated patients reported an increased overall appreciation of food compared with patients receiving placebo (30%) and more often stated that study medication "made food taste better" (55%) compared with placebo (10%).
The majority of THC-treated patients (64%) had increased appetite, three patients (27%) showed no change, and one patient's data was incomplete. No THC-treated patients showed a decrease in appetite. By contrast, the majority of patients receiving placebo had either decreased appetite (50%) or showed no change (20%).
Although there was no difference in the total number of calories consumed by both groups, the THC-treated patients tended to increase the proportion of protein that they ate, and 55% reported that savoury foods tasted better, whereas no patients in the placebo group reported an increased liking for these foods. (Cancer patients often find that meat smells and tastes unpleasant and, therefore, they eat less of it).
In addition, THC-treated patients reported better quality of sleep and relaxation than in the placebo group.
Dr Wendy Wismer (PhD), associate professor at the University of Alberta (Edmonton, Canada), who led the study, said: "This is the first randomised controlled trial to show that THC makes food taste better and improves appetites for patients with advanced cancer, as well as helping them to sleep and to relax better. Our findings are important, as there is no accepted treatment for chemosensory alterations experienced by cancer patients. We are excited about the possibilities that THC could be used to improve patients' enjoyment of food.
"Decreased appetite and chemosensory alterations can be caused by both cancer and its treatment; untreated tumours cause loss of appetite, and by itself, chemotherapy also causes loss of appetite. In any individual patient, some part of both of these effects is usually present.
"It's very important to address these problems as both appetite loss and alterations to taste and smell lead to involuntary weight loss and reduce an individual's ability to tolerate treatment and to stay healthy in general. Additionally, the social enjoyment of eating is greatly reduced and quality of life is affected. For a long time everyone has thought that nothing could be done about this. Indeed, cancer patients are often told to 'cope' with chemosensory problems by eating bland, cold and odourless food. This may well have the result of reducing food intake and food enjoyment."
The researchers say that larger, phase II trials should test their findings further, but, in the meantime Dr Wismer thinks that doctors could consider THC treatment for cancer patients. "It could be investigated for any stage of cancer where taste and smell dysfunction and appetite loss has been indicated by the patient," she said. In addition, treatment would not necessarily have to be limited to the 18 days of the study. "Long term therapy with cannabinoids is possible, however, in each case this would be up to the patient's physician to determine."
Although the study was unable to show that THC treatment could increase total calorie intake, Dr Wismer said this was unsurprising. "In the healthy adult population, we know from personal experience that we usually eat more of something if it tastes better. However, in this advanced cancer population, there is a real struggle with appetite; normal appetitive pathways do not seem to be functioning. We know from our earlier work that individuals with advanced cancer have diminished appetite and have to make a big conscious effort to eat; they are motivated to eat simply to survive. So, although THC did not significantly increase total calorie intake, the fact that it improved appetite and protein intake is important."
This work was supported by the Canadian Institutes of Health Research, the Alberta Cancer Board, Alberta Heritage Foundation for Medical Research, and the Natural Sciences and Engineering Research Council of Canada.










