Marijuana Policy Project

The conclusion of a two-part series about the impact of the medical marijuana law.

Last week, Northern Express profiled two pot growers who have a "passion" for marijuana. They love to grow it, they love to smoke it. They believe it can make people feel better and even cure them.

One of the growers, Archie, made a decision to come out publicly as a legal "caregiver" who supplies marijuana for patients. Under the law, he is allowed to grow the plants and be compensated for the cost of growing (lights, energy and the plants themselves).

The law is a bit gray, and written in a way that obtaining starter plants might require an illegal sale. Area law enforcement officials, however, said they aren't planning to target caregivers or patients.

Some of these people are nervous that we are out to get them, looking over their shoulders, looking in the bushes, all paranoid," said Grand Traverse County Sheriff Tom Bensley. "Is this public enemy Number One for us? No, but if we come across it, we will deal with it. It's not changing the way we do business."

But why was the law written this way?

"I've seen a lot of news stories coming out of Michigan, I guess we never did a good a job explaining it," said Dan Bernath of the Marijuana Policy Project, a nonprofit based in Washington D.C. "Federal marijuana policy is why the law was written that way."

Federal Felony

"Although a state deems medical marijuana use as legal, it's still a felony to possess and to sell marijuana under federal law. The problem with safely distributing medicine to qualified patients is that large scale suppliers (over 100 plants) are still considered criminals under federal law. That doesn't mean states can't provide them with effective protection, but they have to be careful how access is allowed," Bernath said.

He explained that the legalization of marijuana is an evolution and depends on public acceptance. Michigan has taken what's considered the first step—that is, approving a law that protects the patient and their caregiver. Large-scale distributors of plants and medicine are still at risk.

Michigan's law was worded similarly to a medical marijuana law passed by Rhode Island. Now, Rhode Island has gone a step further. In June, its legislature approved a bill that will allow state-licensed dispensaries to supply patients with marijuana (it had to override the governor's veto to do so).

California is the most commercially "evolved" of the 13 states. It is the only state, for example, to consider depression as a medical malady in its marijuana law. Online bloggers claim that anyone who wants to buy marijuana for medicinal purposes can easily do so.

Marijuana is sold in California "dispensaries," which is the legal word for stores that display different strains of marijuana under glass. The cost for high quality pot ranges from $300 to $450 an ounce—about the same as it costs in Michigan.

A turning point for the state was the election of President Obama. Unlike the Bush administration, the feds have pledged not to use drug agents to bust sellers as long as they are abiding by state law. Yet a federal judge created ripples of anxiety last month when he sentenced Charles C. Lynch, an owner of a dispensary, to one year in federal prison.

And then there's always Ann Arbor, where for 30 years, smoking pot was punishable by a tiny fine instead of a jail sentence (for first-time users).

Back in 2004, the city's voters approved both the growing and use of marijuana for medical purposes. But, of course, doing either one violated state and federal laws.

Proceed With Caution

Although it's fairly easy to get medical marijuana approval in California, it's much more difficult in Michigan, even if your illness clearly qualifies you.

Some doctors in this area are reluctant to sign the required recommendation. Because of that, scores of patients are going to the THCF Medical Clinic or one of the eight other new clinics in Southeast Michigan.

The THCF clinic has a mobile office, which has traveled to Houghton and Marquette to accept patients.  Kalkaska Prosecutor Brian Donnelly wondered whether that's legal.

"If a case comes before me, and the doctor is subpoenaed, I get to ask, Is he really your doctor? Did he ever see you?' The number of cases for which this doctor Eisenbud has written recommendations is appearing all over the state.  My question is how thoroughly is he evaluating these people.  It might be that he's a busy man and doing as good a job as he can, but the appearance is he's pretty casual."

In fact, there's nothing in the law that prohibits the clinic's operations; the state has investigated the Southfield clinic and determined it's breaking no law, said James McCurtis, public information officer of the Department of Community Health, which oversees the medical marijuana program.

The clinic in no way "rubber stamps" people, said Paul Stanford, the director of the nonprofit that oversees the clinic.

"We screen all of our patients and ask for valid medical documentation that's less than three years old--a diagnosis from an MD or DO.  We don't accept the assessments of a chiropractor.  Based on that documentation, we'll set up an appointment," Stanford said.

The Derror Case

Donnelly brings up a more troubling point.  There's a Michigan Supreme Court case, People versus Derror, which holds that anyone who hurts or kills someone in a car accident can be found criminally negligent if a blood test shows any trace of marijuana in a blood sample.  Lingering traces are detectable for up to four weeks after smoking.

Thirteenth Circuit Court Judge Philip Rodgers heard testimony that Delores Derror had smoked marijuana four hours before the accident; the prosecutor, however, said he could not stipulate that marijuana played any role in the accident.

Derror had crossed the center line of M-72 and struck a car, killing the front seat passenger, paralyzing two young girls, and injuring a third child.  Rodgers ruled that the influence of drugs or alcohol must play a part in an accident in order to qualify as criminal negligence.  The Supreme Court overturned his decision, saying that a causal relationship is unnecessary to be found guilty of criminal negligence.  As a result, Derror was sentenced to up to five years in prison instead of two years for negligence.

"I was disappointed in the ruling," Rodgers said.  "It's a basic justice problem if you can't show there was a causative legal relationship between the drug and the injury or death.  Derror was driving at too high a rate of speed in a grossly negligent fashion and crossed the center line on snow and slush."

"It was the most difficult sentencing I've ever had.  Looking at those two girls--especially the older girl ( who could not walk ).  She said she just wanted people to look at her, not over her.  It was chilling.  On the other hand, if you're going to hold someone accountable--give them a 15-year criminal felony instead of two years for negligence--there should be some showing of cause between the drug use and the accident."

When a court precedent doesn't seem to make any sense, a jury can and sometimes does aver to its own sense of justice, and that's called jury nullification, Rodgers said.

Medical Pros and Cons

Bob Cameron hasn't touched alcohol or marijuana since 1981.  In fact, he is a licensed substance abuse counselor and a caregiver for Jack Peterson, who will soon turn 85.

Peterson has prostate cancer, which has metastasized into bone cancer, and he's gone through the traditional treatments.  He is hoping to increase his chances by using a marijuana tincture under his tongue.

"I have patience and faith," said Peterson, who researched marijuana on the Internet after Michigan voters approved medicinal marijuana in November.

Cameron believes that it's possible to get the curative powers of marijuana without the euphoria, which he considers an overdose.  He doesn't advocate marijuana for minors nor does he want Michigan to adopt the same system as California, in which "caregivers" have simply become suppliers.  He wants to train people to become truly supportive of those who are sick.

The use of medical marijuana has certainly gained the attention of the medical community, which has exploded with thousands of scientific articles in the last several years, according to a survey published in the most recent Journal of Opioid Management.

The authors of the report said that marijuana has been studied for pain management, glaucoma, nausea, enhancing appetite for "wasting" disease, Multiple Sclerosis and Parkinson's disease.

"Over the past 30 years, the United States has spent billions in an effort to stem the use of illicit drugs, including cannabis, with limited success.  Because of this climate, unfortunately some very ill people have had to fight and, in many cases, lose long court battles to defend themselves for the use of a medicinal preparation that has helped them." wrote the six authors, all of who are physicians or doctorates or both.

Pot & Pain

Bob Heflin, a medical marijuana advocate, cautions that some followers of Rick Simpson ( who promotes marijuana in YouTube clips ) are making premature claims on the drug's ability to cure cancer, although recent scientific evidence shows it can shrink brain tumors.

"It hasn't been researched thoroughly.  And yet it's given a lot of hope to a lot of people.  But the final evidence is not there yet."

Stanford of the THCF Clinic said that about 65 percent of the patients suffer from chronic pain.

"When they come in, they are usually on large doses of pharmaceutical, prescription drugs that are highly debilitating and highly addictive," he said.

Patients are using marijuana to wean themselves off the opiates, he said.  Stanford said each patient is counseled about the law's guidelines.  They are also informed of the conditions that are treatable with what's called cannabidiol ( CBD ).  Unlike THC, which is made from the bud of the plant, CBD is found throughout the plant and can be made into food or capsules.  It might make the patient sleepy, but it doesn't make them high.

Critics point to the medical downsides of marijuana.

The National Institute on Drug Abuse asserts that marijuana use temporarily impairs learning and memory, verbal skills, judgment, and distorts perception.  Use of marijuana by very young teens can have a profoundly negative effect upon their development."

Marijauna also contains carcinogens and can irritate the lungs.  For this reason, Stanford said that his clinic highly recommends either using a vaporizer or eating marijuana instead of smoking it.

Kip Belcher of the Traverse Narcotics Team wonders why patients don't simply use marinol, the legal synthetic marijuana.

Heflin explained that it doesn't provide the same relief as the plant.  "In the plant, all the cannabinoids interact synergistically, while in a synthetic derivative that's not true.  I've heard a lot of patients say it doesn't offer the relief that the plant does.  Secondly, the patients can't control the dosage with a pill."

Pass the Pizza

Judge Rodgers frequently tells people appearing before him that he doesn't have the choice over which drug is considered legal.

"I don't like alcohol, and the people I sentence, by far and away, abuse alcohol.  Marijuana is a distant second.  If I had to pick one--the one where the people who abuse the drug and order pizza and don't beat up their girlfriend, or the one that tends to open up feelings of hostility and makes them do really bad things to each either--I'd rather have them order pizza."

"Do I like either one particularly? I see, with both of them, people not reaching their promise, as husbands or wives or employees.  They're not living up to what they could have accomplished.  I'm not seeing great literature, great music or great art in the throes of alcoholism or getting stoned.  In college, remember when people were stoned and thought they were composing great music, and the next day, they play it and it sounds like crap? It is crap!"

Rodgers wondered whether the law specified how big the plants are in a person's home, or if there's a difference between a cutting and a bush.  Nope.  The law doesn't specify.

What about people who have a prior felony record or are on probation? The law only says caregivers cannot have a felony record.  There's nothing about patients.

Rodgers pointed out that the Traverse Narcotics Team ( TNT ) has put forth a huge effort to eradicate marijuana in the area.

The TNT's 2008 Annual Report shows that marijuana arrests made up half of total arrests.  The dollar value of marijuana and hash made up an astonishing 99 percent of the total $1.4 million in illegal drugs captured in the area.

Rodgers believed the confiscation of $1.4 million in marijuana has forced up prices, which, in turn, has attracted out-of-town sellers.  Most of these sellers seem to come from Texas.

Heflin believes that TNT should put their efforts on the higher-tier suppliers who bring in more dangerous drugs of heroin and crack cocaine.  "The war on drugs is really the war on marijuana," he said.

Belcher said that Judge Rodgers is partially right about limited supply pushing up prices.  Another factor for the higher prices--up to $4,000 a pound--come from the drug's much higher potency.  Some dealers are making huge sums of money with the high-potency marijuana, he said.  Another reason that pot has flowed in from Texas, is that some customers prefer it.  Called "brown weed," it is weaker than the high-grade pot that's grown locally, as well as from Grand Rapids, Lansing and Vancouver, Canada.

Economics

With a crippling national debt and public spending now under scrutiny, some Americans wonder if it's time to re-examine the cost to arrest and imprison users and growers.

The number of marijuana related arrests have climbed from 287,850 in 1991 to 755,00 in 2003, but the stepped up enforcement hasn't done a thing to deter drug use, according to the group NORML ( National Organization for the Reform of Marijuana ).

The group on the other side of the argument--the National Institute on Drug Abuse--concurs that drug use remains very high.  A 2008 survey reflects that 42.6 percent of our nation's 12th graders have smoked pot.

Some people point to the tax revenues of California, which now reap up to $120 million in medical marijuana sales taxes, according to the Drug War Chronicle ( a policy newsletter ).

Legalizing marijuana for everyone could reap an estimated $1.4 billion, according to statistics included in the proposed bill.

In Michigan, becoming a caregiver might be considered a profitable sideline.  Those who grow the legal limit for patients could gross up to $20,000 to $30,000 a year, based on current prices and the law's guidelines of growing 12 plants per patient.

Jody Treter, a Traverse City resident who was visiting San Diego recently, said she had picked up a weekly--much like the Northern Express--and couldn't believe the number of ads for medicinal marijuana.  "It was ad after ad after ad.  It was unbelievable," she said.

She has gained a different perspective about marijuana after traveling the world.  In Kauai, an island of Hawaii, several people were anxious to talk to her about the consequences of marijuana eradication on the island.  They told her it was driving people to methamphetamines instead, and violence.

One need only look to the tragic deaths in Mexico--now spilling into the United States--to realize that driving marijuana underground has deadly consequences, she added.

"I am not advocating for the use of pot.  I'm advocating for decriminalizing marijuana.  Folks need to be reminded that caffeine, tobacco, alcohol and even sugar can be considered drugs and they are all legal.  Everything in moderation."

Is the country ready for a change? Rodgers said that prohibition of alcohol was lifted, not because anyone disagreed that its chronic abuse was pernicious, causing liver and heart damage, violent behavior, and, ultimately, broken lives.

Alcohol was legalized simply because the law was no longer enforceable, Rodgers said.

"The black market reached a tipping point where it became unenforceable.  We were turning police into criminals; people were making huge amounts of money and paying off police.  It was re-legalized because people had misjudged the effects of the law."