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Bill looks to clarify uses of medical pot

October 30, 2013

Medical marijuana patients and their suppliers have operated under inconsistent enforcement and unclear legal boundaries since voters approved the drug’s medical use in 2008. A new bill from Reps. Eileen Kowall, R-White Lake, Sam Singh, D-East Lansing and 14 other sponsors could make at least one matter clearer, amending the definition of usable marijuana to allow patients more ways of using the medicine under state law.

A July opinion from the Michigan Court of Appeals ruled that edible products made from extracts are not protected under the Michigan Medical Marihuana Act. The ruling has been submitted for appeal to the Michigan Supreme Court.

The act states only the “dried leaves and flowers” of the plant can be used for medical purposes. The bill would add “plant resin or extract” to that definition, potentially letting patients consume “medibles” (marijuana edibles) as well as topical ointments. It was referred to the House Judiciary Committee.

Lawmakers contend that many who are prescribed the drug, such as cancer patients and epileptics, can’t smoke or are unsure of whether they’ll be prosecuted.

Kowall cited a meeting with a couple who had epileptic children prescribed medical marijuana as treatment. She said they wanted to use a pill containing cannabinoids, which was legally prohibited in the 2013 ruling.

“They felt like they had to be criminals,” Kowall said. “The law is kind of murky.”

Rep. Klint Kesto, vice chair of the House Judiciary Committee, said offering different options for patients is important, especially when there are different ways to extract and take the medicine.

“I’d like to take a closer look at it,” Kesto said. “We have to make sure the intent is for patient care.”

Despite the Michigan Court of Appeals ruling, dispensaries and other provision centers continue to provide non-smokable marijuana products to patients.

Associates of Michigan’s Green Market, which acts as a middle-man between patients and caregivers, still offers non-smokable marijuana products, manager Dan White said. White estimated as many as 30 percent of medical marijuana card-holders are non-smokers.

Hospitality business senior Brian Kelly has been a medical marijuana patient for more than three years and goes to Lansing dispensaries to purchase medical marijuana.

“There’s some places that get really nervous about the laws,” Kelly said, but added that “a lot of dispensaries just won’t care and you’ll still see brownies in there.”

It’s unclear if police would prosecute patients who medicated with alternate means.

Michigan State Police spokeswoman Shanon Banner said she couldn’t give a strict “yes or no answer” on whether state law enforcement officials would take action.

Neither the Department of Licensing and Regulatory Affairs or the Department of Community Health regulate the ways in which patients can use the prescribed drug.

Criminal defense attorney John Targowski, who specializes in cases related to medical marijuana, said the ruling “totally demonizes non-smokable uses of marijuana.”

“I think it disenfranchises patients who use that from the protections of the act,” Targowski said.

Kelly views the changes to the law as the latest developments in a long-term tug-of-war.

“The amount of changes to the law … has just been absolutely insane — it’s like there’s a new rule every three months,” Kelly said. “It’s hard to instantly change policy — there’s just a lot of back and forth.”

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