MEDICAL MARIJUANA LAW STILL HAZY

There are a lot of names for people who smoke pot. Stoner, some say. Pot
head. But the legal term is now 'patient', at least for those who use it
medically.

As of Saturday, April 4, the Michigan Department of Community Health
(MDCH) now accepts applications to become a registered user of medical
marijuana.

But that doesn't mean just anybody can start smoking. There are
restrictions - quite a few of them, actually.

When Michigan voters overwhelmingly passed the Proposal 1 on last
November's ballot, they approved the use of marijuana to treat a
"debilitating medical condition." Such conditions include cancer,
glaucoma, HIV, AIDS, Crohn's disease, Alzheimer's or severe and chronic
pain, nausea or muscle spasms.

But simply suffering from one of those ailments or diseases is not enough.
There are several hurdles to clear before patients actually get to inhale.

"(Patients) download an application and turn it in with all the
appropriate materials," said James McCurtis, spokesperson for the MDCH.

The application is three pages long and consists of three separate
sections. The first is the application for the patient. They must include
name, address, social security number and must also pay $100 registration
fee, unless they are enrolled in Medicaid.

The second section must be filled out by the patient's physician.
Physicians must document that the patient is suffering from one of the
listed diseases or ailments. They then must sign that "the medical use of
marijuana is likely to be palliative or provide therapeutic benefits..."
to the patient.

The form is not a prescription, but it is vital to the application
process, said McCurtis.

"The main things we are looking at are: One, the doctor's recommendation,"
he said. "We make sure it's not a fraud."

McCurtis said the MDCH also looks at the condition to make sure that it is
"chronic or debilitating."

If both of those things check out, the patient receives a registration card.

"The card allows you to possess marijuana and grow marijuana," he said.

Patients can possess up to 2.5 oz. of "useable" marijuana, and grow up to
12 plants. If they do not want to grow their own plants, they can identify
a "caregiver" to grow for them.

"Caregivers can have up to 5 patients," said McCurtis, with a maximum of
12 plants per patient, or 60 plants total. "Caregivers can grow it, they
cannot use it."

Once patients or caregivers begin growing their own plants, they must be
grown in a locked and secure facility. And caregivers must be registered
in a patient's application, and can not have a drug-related felony on
their record.

If both the patient and the caregiver meet the conditions, they are then
given a registration card - not a prescription.

"Upon receipt (of the application) we have 15 days to determine if they
are eligible (for the card)," said McCurtis. "The card allows you to
possess marijuana and grow marijuana."

On the first day of accepting applications, the MDCH received 101 requests
for registration cards. For those that receive them, they can not be
arrested by state or local police as long as they are following the
guidelines of the law.

But that is where the law becomes a little hazy, according to Montague
Chief of Police Robert Rought.

"It can't be smoked in an area that would affect the public," said Rought.
The idea is to keep people smoking in their homes. But what about patients
who live in apartments, where smoking could affect neighbors? Or what if
patients smoked around their children?

"There are a lot of unanswered questions," Rought said.

Rought said police departments will not be made aware of patients or
caregivers living within their jurisdiction. And while the new law allows
patients and caregivers to use and possess limited amounts of marijuana,
there are certain restrictions:

* Using a false registration card is illegal,

* The sale of marijuana to non-registered users is prohibited,

* And people who are arrested without a registration card will have a
tough time using 'medicinal use' as an excuse. It is possible - if they
can prove that a doctor recommended it and they were following guidelines.

Rought said Muskegon County will be treating the cards like any other
permit. And forgetting to apply will not be an excuse.

But just because the law has some gray areas, doesn't mean that parts of
it aren't good.

"The two good things about this are they can only smoke in their home and
it doesn't allow people to be operating (vehicles) under the influence of
drugs," said Rought.

Although, according to a 2003 US Department of Transportation study, urine
tests only indicate past use, not impairment. Meaning it could be
difficult for police to prove a registered user was high while driving and
equally difficult for a registered user to prove that he or she wasn't.

The law isn't perfect, that much is clear. And there are plenty of legal
kinks for the judicial system to work through. For now, a select few are
getting the relief they say they need, and they are getting it legally.

And that is something that voters in Michigan - and in the White Lake area
- overwhelmingly approved.

For more information, visit www.michigan.gov/mmp

Proposal 1 ballot results

Township Yes No

Blue Lake Township 774 371

Dalton Township 2,890 1,391

Fruitland Township 2,046 1,036

City of Montague 907 455

Montague Township 546 284

White River Township 540 314

City of Whitehall 914 510

Whitehall Township 609 333

Total 9,226 (66.7%) 4,694 (33.7%)

Statewide 63% 37%

Source: Michigan Department of State

The Act prohibits the following:

Smoking marijuana in public

Possession of marijuana at schools or correctional facilities

Operating a vehicle while under the influence of marijuana

Making a fraudulent claim of medical use or possession to law enforcement
to avoid prosecution

Selling marijuana to someone other than a qualified patient

Source: Michigan State Police

Qualifying ailments

Cancer

Glaucoma

HIV or AIDS positive

Hepatitis C

ALS (Lou Gehrig's disease)

Crohn's disease

Agitation of Alzheimer's Disease

Nail Patella

Cachexia or Wasting Syndrome

Severe or chronic pain

Severe nausea

Seizures

Severe and persistent muscle spasms