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Old 11-30-2008, 01:34 PM
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Default The Devil Is In The Details

A law that lets people in pain use marijuana has left those procuring the illegal drug in a legal haze.

The Michigan Medical Marijuana Act forces qualified patients and caregivers to get medical marijuana and seeds from illegal black-market dealers, proponents say.

The 13th state to do so, Michigan voters sided this month almost 2-1 in favor of legalizing medical marijuana, allowing possession of up to 2.5 ounces and cultivation of 12 plants.

A ''primary caregiver'' -- any person older than than 21 without a drug-related felony identified to assist patients procure the drug -- may service five clients and maintain up to 60 plants and 12.5 ounces, a street value near $2,000.

The problem: The federal Food and Drug Administration, an agency that trumps state law, continues to identify marijuana as a Schedule I narcotic, possession of which is punishable by up to 20 years in a federal penitentiary.

The other kink in the law: ''It doesn't lend any explanation of how to obtain or acquire marijuana -- joints or seeds -- legally,'' said James L. McCurtis, 34, spokesman for the state Department of Community Health.

The agency has until April 4 to outline how it will issue identification cards through the Bureau of Health Professions.

California, whose law established nonprofit ''dispensaries'' to grow and sell marijuana, is the only state to address patient access. The Drug Enforcement Administration, using federal laws, has raided and closed 100 shops.

What is medical marijuana? -- The proposal defines it as consumption of marijuana

for medicinal purposes by someone who meets the defined criteria. I'd consider it ''organically grown marijuana without the use of pesticides and using organic nutrients,'' said Danny Danko, 36, senior cultivation editor for the New York City-based, marijuana advocacy magazine, High Times.

Tim P. Ziegler, 49, owns the Casa Collective, a grower and seller of marijuana in Susanville, Calif. He considers medical marijuana ''the finest, organic, top-shelf marijuana that you can grow,'' emphasizing that all medical marijuana should be organic because of health complications that might arise from unidentified chemicals or foreign substances.

Do I qualify to use medical marijuana? -- The act, viewable at stoparrestingpatients .org, identifies a number of specific diseases and says patients with any ''chronic or debilitating'' symptoms are candidates. The Michigan Department of Community Health is establishing the diseases, symptoms and other qualifications, but doctors ultimately decide what patients qualify.

''It already culls it down to a small, select group of people that are even eligible to ask in the first place on medical grounds,'' said Dr. Michael Paletta, chief medical officer for Detroit-based Hospice of Michigan. He said medical marijuana benefits are unsubstantiated. ''If and when such research results are published, we will incorporate them into our plan accordingly.''

Hospice caretakers aren't growing or procuring marijuana for their patients, he said.

Once authorized by a doctor, patients and their caretaker may obtain a card and register.

Is it really legal? -- No. ''Typically we don't arrest people for simple possession, even though those people that possess marijuana are breaking federal law,'' said Rich Isaacson, 40, special agent and information officer for the Detroit field division of the DEA.

''The goal of the DEA is to identify who the large-scale drug trafficking organizations are,'' he said.

The proposal cited federal statistics indicating 99 of every 100 marijuana arrests are made under state law by state law enforcement, and President-elect Barack Obama plans to end DEA raids in states where medical marijuana laws have passed, though he urges regulation from the Food and Drug Administration.

How do I get it? -- ''The ballot proposal can't answer that question because of the legal and regulatory structure of the federal government,'' said Dianne Y. Byrum, 50, spokeswoman for the Coalition for Compassionate Care in East Lansing, the organization that drafted the proposal.

She said the primary purpose of the law was to protect those treating themselves with marijuana.

''They'll have to grow it themselves or appoint a caregiver to grow it for them, but if you actually look at the law, it actually protects the patient if they purchase marijuana from the dealer on the street,'' said Greg D. Francisco, 50, director of the Michigan Marijuana Association, an education and advocacy group. The group is building a Web site, Michigan Medical Marijuana Association, to help patients learn about medicinal marijuana and network with local caregivers.

Seeds are available internationally on many websites, but federal governance over mail and the Internet increase the risk, so Francisco recommends patients stay local.

How do I use it? -- Smoking marijuana as a cigarette or with a pipe is the most popular and unhealthy method, not recommended by most doctors. Vaporizing is equivalent to smoking without the harmful byproducts, though the machine costs more than $100. Suppositories, teas and baked goods are other options but they require more marijuana, making them less cost-effective, Francisco said.

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