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Medicinal marijuana users no longer federally prosecuted

October 26, 2009

Michigan residents who use medicinal marijuana won’t have to worry about federal consequences after an announcement by the United States Department of Justice last week.

The federal government won’t prosecute medical marijuana users in states that have legalized medicinal marijuana, according to the announcement.

Although there haven’t been any issues in Michigan in which medicinal marijuana users have been federally prosecuted, users in other states where it is legalized, such as California, have been arrested for using the drug. Those problems could have come to Michigan, East Lansing police Chief Tom Wibert said, but this statement clarifies the gray area for law enforcement officials.

“We have yet to have (a) medical marijuana case, but I’m sure that eventually, we (would have),” he said.

Michigan residents passed legislation last November legalizing the use of marijuana for medical purposes. As of Sept. 30, a total of 6,161 identification cards, which allow cardholders to possess medicinal marijuana, have been given out, said Melanie Brim, the director of the Bureau of Health Professions for the Michigan Department of Community Health.

The announcement has led to a significant increase in people interested in exploring the alternative medicine, Jason Pomales, the president of Michigan Health and Environmental Services (MHES), said. MHES helps Michigan residents find caregivers and become more informed about medicinal marijuana.

Pomales said many of the people he works with were worried about the federal ramifications.

“It has definitely been a deciding factor why people won’t explore the option,” Pomales said.

In Michigan, individuals with proper medicinal marijuana cards can have 2.5 ounces of marijuana and grow up to 12 plants. Caregivers can have the same amount per patient, Brim said.

Thirteen states currently have laws legalizing medical marijuana.

Lynn Allen, a Williamston resident who uses medicinal marijuana, said the statement has the potential to encourage other states to legalize the substance. Allen said he wasn’t worried about the federal government because he doesn’t grow more than the legal limit.

“The fact that federal government is less likely to prosecute someone who follows state law would be an incentive for more states to follow through with it,” Allen said.

Michigan State Medical Society Spokesman David Fox, who was opposed to medicinal marijuana on the 2008 ballot, said he is not deterred by the federal statement because his main concerns about medicinal marijuana are about its health benefits, and not about its legal status.

Fox said although there might always be an attempt at federally legalizing medicinal marijuana, he is doubtful Congress would act on the issue because there are many different opinions on the issue.

Zach Jarou, founder of Spartans for Medical Marijuana and a 2008 MSU alumnus, said although he supports the statement, he worries it won’t last.

“I would like to see it in the form of an executive order, or preferably legislation that will remain free of federal prosecution,” Jarou said. “I think that it would provide a sense of security. Just as easily as President Obama changed it, it’s just going to take the next conservative president to change it back. I think people need a long-term sense of security.”

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