ACLU lawyer Daniel S. Korobkin speaks on the Medical Marijuana Act in Michigan

By Roberta M. Gubbins Legal News "Why does the American Civil Liberties care about what the Michigan Medical Marijuana act says?" asked Daniel S. Korobkin, ACLU lawyer at Thomas M. Cooley Law School on Thursday, February 11th. The event, sponsored by Cooley's chapter of the ACLU drew a large crowd. "First," he said, "is our policy and views on drugs and the war on drugs. People have a right to do what they want with their own bodies. What it comes down to is what kind of role the government should have in what you do to yourself. We feel that the government should have a role in rehabilitation for people who have drug abuse problems. We don't need to put people away for a long period of time for doing something to their own bodies. We are the only country in the world that does this to its people." "Second, is a privacy concern--what should be the government's role in how we care for our own bodies. We believe that medical decisions should be made by you in consultation with your health care provider. Use of medical marijuana, we believe, is a decision that should be made between you and your doctor." The Michigan Marihuana Act was approved by 63% of Michigan voters in 2008. "It was throughout the state that the majority of voters approved this idea that if you are ill with a debilitating, painful condition, your physician can prescribe marijuana for you." The Medical Marihauna Act creates two core rights--the right of a seriously ill person to use marijuana for medical purposes and right of a caregiver to assist that person. Caregivers can assist up to five patients. Registration is through the State Department of Community Health. A fee is paid and, if a caregiver is indicated, a card is sent to both parties. "A card is helpful if you have to demonstrate that your possession of the drug is legal to a police officer." The amount of marijuana allowed is 2.5 ounces of useable marijuana and up to twelve plants, which must be kept in an enclosed locked facility accessible only to the patient or the caregiver. The law protects people from arrest and conviction and the medical marijuana can't be forfeited. Section eight of the act "creates affirmative defenses if you are arrested. If you establish three elements--(a) a doctor has certified the condition and the use of marijuana to relieve it, (b) the amount held is a reasonable amount and (c) the reason you have it is that you are a patient or caregiver--you are protected." Some of the cases the ACLU has been dealing with include: 1. "We recently filed an amicus brief on behalf of David, the patient, and his wife, the caregiver. They have a doctor's certification but had not registered before they started using and growing the plants, which were in a closed, locked facility in their backyard. Police came in and confiscated the plants and drugs. The prosecutor pressed felony drug charges against them. The ACLU established that they met the elements of the affirmative defense. The prosecutor dropped the charges." 2. "The second case involved Lorrie, a woman from Elk Rapids, who has a terminal brain tumor. She lives in housing subsidized by the Federal Government. Her landlord, doing random inspections, saw that she was growing marijuana for medical use. Lorrie received a notice to vacate due to drug use. Under Federal Law, she could be evicted. However, the Federal law says the landlord "may" evict. Under Obama, it is now official policy to not prosecute people complying with their state laws. Lorrie is still in her apartment." 3. "The next case involves the issue of a closed locked facility to grow the plants. Ron was growing his plants in his fenced in back yard in a separate area enclosed top and sides by a wire- mesh fence and padlocked. You can see inside it. The police came and conducted a raid. He also had full-grown plants indoors. The police took the plants outside. This may be the test case for definition of 'enclosed locked facility' since the law doesn't say it can't be outdoors." 4. "This case involves a patient with Multiple Sclerosis, which is one of the diseases named in the act. He did not designate a caregiver when he registered. He was pulled over on a Friday night. The officer asked if he had drugs in the car? He answered 'yes' and showed the officer his card. He had gotten the marijuana from a registered caregiver. The officer said he had to have a designated caregiver or else grow his own marijuana. The officer confiscated the drug. The prosecutor supported the officer. The law says that anyone who is a registered patient can't have their marijuana seized if it is under 2.5 oz. We will contact the prosecutor and try to work this out." For more information, Daniel Korobkin can be reached at dkorobkin@aclumich.org. Published: Thu, Feb 18, 2010

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