No, that isn't a mis-print. The word Marijuana in the title of the Michigan Marijuana law is indeed spelled with an H instead of a J.
Regardless, the media have reported that there has been quite a bit of controversy about the law that was passed by voters in 2009, particularly with regard to dispensaries.
The argument goes something like this: The Michigan Medical Marijuana law permits each patient to cultivate up to 12 plants, and to possess up to 2.5 oz. of usable marijuana. Since it is likely that the plants will produce more than the amount required by the individual patient, either the patient or their designated caregiver should have the option of selling the excess weed in dispensaries or clubs to others who need it.
For those who think the law is vague on this point, here is what it says:
MCL 333.26424 Qualifying patient or primary caregiver; arrest, prosecution, or penalty prohibited; conditions; presumption; compensation; physician subject to arrest, prosecution, or penalty prohibited; marihuana paraphernalia; person in presence or vicinity to medical use of marihuana; registry identification issued outside of department; sale of marihuana as felony; penalty.
4. Protections for the Medical Use of Marihuana.
(b) A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana in accordance with this act, provided that the primary caregiver possesses an amount of marihuana that does not exceed:
(1) 2.5 ounces of usable marihuana for each qualifying patient to whom he or she is connected through the department's registration process; and
(2) for each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility; and
(3) any incidental amount of seeds, stalks, and unusable roots.
Now, I have been over this law more times than I can count, and while there are those who say the law is vague, I think this is spelled out with remarkable clarity.
The caregiver may cultivate up to 12 plants for each of five specific patients (the total number of patients is specified elsewhere in the Act).
Period.
The caregiver may possess up to 2.5 ounces of usable weed for each of five specific patients.
Period.
Look at the law yourself! No where does the law allow the caregiver to sell the excess weed. In fact, Section 4(d) goes on to stipulate:
(d) There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marihuana in accordance with this act if the qualifying patient or primary caregiver:
(1) is in possession of a registry identification card; and
(2) is in possession of an amount of marihuana that does not exceed the amount allowed under this act. The presumption may be rebutted by evidence that conduct related to marihuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this act.
How much more clear does the law, written by the marijuana lobby, need to be with relation to dispensaries? Section 4(d) clearly states that any attempt by the caregiver to use excess plants or weed for any purpose other than treating the qualified patient with whom they specifically have a legal relationship under this law is illegal. Period.
Up to five patients. Period.
Up to twelve plants for each patient. Period.
No more than 2.5 ounces of usable weed per patient. Period
To argue now that a caregiver should be allowed to sell any weed in excess of the 2.5 ounces they are allowed to possess for each of their five specific patients is moot -- the letter of the law, written by the marijuana lobby, doesn’t allow for it. Period. If you want the law to make provision for dispensaries, then its up to you to get the wording of the law, written by the marijuana lobby, amended. Until that happens, the law is clear. No dispensaries.
There is nothing to debate. The marijuana lobby made a major mistake in this regard - they failed to make specific provision for dispensaries in the law they crafted. Instead, they left it up to the legislators of the State of Michigan to clarify. Supporters of dispensaries now have one of three options: First, work through the legislative process to amend the wording of the law they wrote. Second, work to place yet another initiative on the ballot as they did to get the law passed in the first place. Third, the common sense approach. If the plants available to the qualified patient produce more usable weed than is required by the patient, then the patient obviously doesn't need all of them. Destroy the excess plants and stop wasting our time debating something that the law clearly doesn't allow!
I suspect, however, that supporters will choose the fourth option - judicial legislation. They will continue to sue until they find a judge who is willing to see things their way. After all, isn't that the way we do things today?
