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Medical Marijuana

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I was happy that we’re able to read about a relevant topic. I personally don’t know much about the medical marijuana history/debate in Michigan so I found this assignment to be very informative and useful. I’m glad this assignment gave me the opportunity to read the most current information on the laws concerning medical marijuana. I have never personally smoked marijuana, so I have a hard time understanding why some people push so hard to have it legalized. This being said, I do believe that the case presented against McQueen and Taylor is valid. Given what I read in the Michigan Medical Marihuana Act (MMMA), it would appear to me that CA, the defendant’s co-owned marijuana dispensary, was operating illegally. The MMMA states that there is to be no “patient-to-patient” sales (MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT), 2008). Even though CA rented out lockers to registered qualifying patients to store and sell their excess marijuana, CA claims that they did not violate any of the rules outlined in the MMMA because they believed they did not own the rights to the stored marijuana. CA attests that the rights and ownership of the stored pot were still that of the patients whom rented the lockers, not CA. The State of Michigan challenged that notion by defining possession as dominion and control of the drug. The State of Michigan’s position is that CA had control over the access and sale of the drug there by placing possession of the drug with CA, not the patients. This is a violation of the MMMA because a caregiver is only authorized up to 2.5 ounces of pot per registered patient (up to 5 patients per caregiver), at any given time CA could has as much as 26 different strains of marijuana for sale in their facility… clearly exceeding the maximum 12.5 ounces allowable per caregiver (Michigan Court of Appeals, 2011). I found it interesting that the MMMA and the Public Health Code (PHC) are contradictory of each other. The PHC prohibits the possession and delivery of marijuana (Michigan Court of Appeals, 2011). I’m unclear how a patient, assuming that they are qualified, cannot be in violation of either the MMMA or the PHC at any given time. The PHC list marijuana as a schedule 1 controlled substance, “The controlled substances listed in schedule 1 have been found by the Michigan board of pharmacy to have a ‘high potential for abuse’ and have ‘no accepted medical use in treatment…or lack accepted safety for use in treatment under medical supervision.” (Michigan Court of Appeals, 2011). To me, this sounds like a “damned if you do, damned if you don’t” type situation. My personal opinion is that marijuana should be legalized with restriction, similar to alcohol. I scowered the internet attempting to find if alcohol was medically considered a controlled substance at any type class, to no avail. Given the definition of controlled substances by the Controlled Substance Act (CSA), “Several factors are considered before a drug is controlled under this act. These factors include the potential for abuse (i.e., history, magnitude, duration, and significance), risk to public health, and potential of physical or psychological dependence (NASIS, GRITTNER, & JOHNSON, 2011)”, it would appear to me that alcohol could legitimately be listed as a controlled substance just as easily as marijuana. Alcohol will most likely never be listed as a controlled substance even though it has a high level of dependency, abuse, and risk to the public. It is my opinion that marijuana should start being viewed along the same measuring stick as alcohol. I think it should be restricted by those whom are not 21 years old and older, users should not be allowed to operate a vehicle under the influence of marijuana, and I think that law enforcement should have the right to detain someone if they are becoming a nuisance or a danger to the public. Restricting the use of marijuana only to those with “qualified” illnesses would open the door to fraudulent users as well as illegal sales under the guise of legal medical conditions and legitimate business sales, as seen here in this case. I recently heard a statement that I think sums up the fraud and quackery of medical marijuana users and dispensaries, it said “Never before have I seen so many twenty year-olds with glaucoma… until Michigan introduced ‘medical’ marijuana”. Until marijuana is completely legalized, like alcohol, I think we’re going to continue to see lawsuits like the one presented here occurring more often. The MMMA allows for the delivery and transfer of “medical” marijuana but does not allow the sale (receipt of compensation). All while the PHC view the dispensaries as a “public nuisance” (Michigan Court of Appeals, 2011). Until PHC and MMMA iron out their legal overlap, the court dockets will continue to fill with such cases, and lawyers from both sides with continue to quibble over the semantics in the wording of the laws.

Works Cited

Michigan Court of Appeals. (2011, August 23). Michigan Courts. Retrieved September 19, 2011, from Michigan Court of Appeals: http://coa.courts.mi.gov/documents/opinions/final/coa/20110823_c301951_67_301951.opn.pdf
MICHIGAN MEDICAL MARIHUANA ACT (EXCERPT). (2008, December 4). Retrieved September 19, 2011, from Michigan Legislature: http://www.legislature.mi.gov/%28S%28x32a5b55z5tuzjbuiek3ox45%29%29/mileg.aspx?page=GetObject&objectname=mcl-333-26423
NASIS, A. E., GRITTNER, F. K., & JOHNSON, R. E. (2011). Encyclopedia of Drugs, Alcohol, and Addictive Behavior. Retrieved September 19, 2011, from eNotes: http://www.enotes.com/drugs-alcohol-encyclopedia/controls-scheduled-drugs-drug-schedules-u-s

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