This article was originally published on the Marijuana Patients Organization site on August 15, 2012.
It was no surprise that medical marijuana regulations would come to fruition. Our “perfect” law currently affords us patients the most rights. It is not like our law is a “helmet law” that affords bikers the chance to ride free of a helmet and avoid the horrors of a civil infraction. This medical marijuana law allows the sick, legal protection from law enforcement and protects their property and medical information. It is not just escaping a ticket for us, literally, our law does one thing, protects us from jail time, that’s it.
Why do our legislators feel the need to turn back the clocks on a law that works perfectly fine? After all what has been the net effect of this marijuana law since passage in 2008, who has been harmed? Let us look at the facts before we disect the four Michigan House Bills being delivered to the Michigan Senate.
Since 2008 marijuana arrests have increased by 4%, while prosecutions have remained stagnant*. Data indicates that law enforcement is taking aggressive measures to stop this law. We reported in a previous article (read here) about the lack of education provided to law enforcement since passage of the Act in 2008. Why are we empowering law enforcement even more when over 90% of these “new medical marijuana arrests” never get prosecuted*. Let us start with education in the law enforcement community, something that has been all but ignored, before giving law enforcement more authority to “arrest” us.
While opponents have touted that kids will get the drug, Jessica Cooper, Oakland County Prosecutor and an outspoken opponent of medical marijuana patients, asks the question, “What about the kids, won’t somebody please save the kids from this marijuana law?”. Ironic for a 70 year old woman who never had children of her own. So what do the facts tell us about the kids and marijuana? Is Jessica right? Of course not, a study by the National Institute on Dug Abuse suggests teenagers availability to marijuana has decreased by 3% since 2008 in Michigan, consistent with other State’s that have medical marijuana laws**. Quite the opposite what Jessica and her friends want you to believe.
Now for the Bills.
HB 4834 would require Michigan Medical Marijuana patients to have a photo ID fixed to their registry identification card, and would also make the card valid for two years. While this sounds good the bill also gives law enforcement and government officials full access to information about patients on the registry, it even would allow administrative bodies access to protected information. Given law enforcements stance towards this law, do you think this will cause more trouble for patients? Not to mention, if we are to really treat this as medicine, why extend the timeframe to 2 years? Will my broken leg take 2 years to heal? Should I contnue to indulge after I am roller-skating again?
HB 4851 would offer stricter guidelines for the “bona fide physician-patient relationship” as it relates to medical marijuana use, including requiring an in-person physical examination of patients. This is an acceptable approach, however, no other standards of care like this are placed on prescribing deadly opiates. Again what is the motivation here? There are already safeguards in place for practitioners that “too easily” prescribe marijuana or any other types of medicine. We encourage a NO vote.
HB 4853 would put the penalty for selling marijuana without a proper registry identification card within the sentencing guidelines for a two-year felony. This is already outlined in the Act and is redundant.
And HB 4856 would criminalize the transportation of medical marijuana in a motor vehicle under certain conditions. Having standards for transportation should only apply to caregivers, as they will most likely be transporting larger amounts than say a female patient would have in her purse. Again the hypocricy continues, For example, I can have oxycodone in my cup holder if I want as I travel down the road, but marijuana would need be locked in a trunk. Assuming I forgot to put my marijuana in the trunk, then guess what, I am under arrest and do not get the protections the Michigan Medical Marijuana Act provides for.
This is a plea to our State Senate and Governor, before you vote on this omnibus inspired by our Attorney General, ask your self “who wanted these bills and who crafted them?” I can assure you it was not us patients.
*Sources: Michigan State Police, Prosecuting Attorneys Association of Michigan, U.S. Census Bureau, U.S. Department of Commerce, Drug Enforcement Agency,FBI Uniform Crime Report , Michigan State Attorney General office.
** Marijuana: Trends in Daily Use, Risk, Disapproval, and Availability Grades 8, 10, and 12 http://www.monitoringthefuture.org/data/11data/fig11_2.pdf