[420 Girl]

ROYAL OAK, MI — Christopher Frizzo has a state-issued card to use medical marijuana, but it wasn't enough to prevent police from seizing his leafy relief for multiple sclerosis during a routine traffic stop.

The 46-year-old Royal Oak man isn't listed with a registered caregiver — someone authorized to grow marijuana for patients — so police said they had no choice but to confiscate the 7 grams Frizzo had when he was pulled over last month for an improper lane change.

Police Chief Christopher Jahnke said the marijuana Frizzo possessed wasn't for medical use in the eyes of the law.

"There are only two ways you can have medical marijuana: grow it yourself or get it from a registered caregiver and that person has to list you," Jahnke said. "(Frizzo) told us he got it from someone other than a caregiver. His marijuana — not his medical marijuana — was taken because he got it illegally."

The American Civil Liberties Union of Michigan disagrees with Royal Oak police. ACLU attorney Daniel Korobkin said patients aren't required to register with caregivers.

"I think Royal Oak has it wrong," Korobkin said. "If you have less than 2.5 ounces, it doesn't matter whether you got it from a supplier who isn't registered or it dropped from the sky. If you're a registered patient, it can't be taken from you. You can't be arrested. You can't be prosecuted. It's not contraband."

Frizzo said he hasn't decided whether or not to file a lawsuit. He does think police went too far because he was carrying only a small amount of marijuana — about a tenth of what a patient can possess — and he had a cane and walker in his car that has a license plate for disabled drivers.

"There was no question I was legit," Frizzo said. "I think the officer should have said you have the card that gives you the right to possess it; have a nice night. That's what upsets me. I was treated like a criminal and not a sick person."

The Michigan Medical Marihuana Act passed in 2008 is creating enforcement and zoning issues around the state. In addition to the possession questions surrounding Frizzo's case, some communities passed or are considering ordinances to limit dispensaries to business districts or ban them outright as businesses in violation of a federal law, which makes dispensing marijuana illegal.

Patients are facing their own issues from feeling fearful about being prosecuted for possession to learning how to grow plants, Frizzo said.

"Master growers have crop failures," he added. "It's not like instant ice tea."

When he was pulled over on Woodward Avenue, Frizzo said he refused to answer police questions about the name, address and phone number of his marijuana provider. The officer then confiscated it.

"He felt bad," Jahnke said of the patrolman. "However, it was illegally obtained and we

can't put illegal drugs back on the street."

The ACLU is concerned about Royal Oak's interpretation of the law.

"This law was enacted as a compassionate measure to help people who are ill," Korobkin said. "If you're a patient, once you get it you're sort of a safe harbor. You have medicine that's protected from seizure."

In retrospect, Frizzo said he will tell police he grows his own medical marijuana if he is ever stopped again.

"I know there's a fine line for law enforcement," Frizzo said. "They are used to arresting people for illegal use; they're worried about people making money off this and the black market. That's justifiable, but with sick people you have to take a different attitude."

For Frizzo, medical marijuana relieves muscle spasms and increases his appetite. He has lost 40 pounds since being diagnosed with the debilitating disease about three years ago.

The police chief said he and his officers have empathy for patients.

"We're not looking for medical marijuana users. It's not our goal to single them out or focus on them," Jahnke said. "We felt bad for this man. He was trying to do the right thing. That's why we didn't arrest him. He was missing one of the prongs to have it legally and that's getting it from a registered caregiver or himself."

Frizzo could have been arrested for marijuana possession, which is a misdemeanor, Jahnke said.

"He could have made his case that he had the marijuana legally at trial, but I didn't go that route," Jahnke said. "That doesn't mean we will do this in the future. This is a very new law and everyone is learning about it."

Still, the ACLU contends not all provisions of the law are gray areas.

"The law is quite clear on this point," Korobkin said. "If you are registered, once you have it, you're legal and police can't take it away. I'm quite alarmed that it sounds like Royal Oak is under a serious misimpression of what the law allows."

He points to a section that says: "Any marihuana, marihuana paraphernalia, or licit property that is possessed, owned, or used in connection with the medical use of marihuana, as allowed under this act, or acts incidental to such use, shall not be seized or forfeited."

As patients, caregivers, law enforcement, legal departments and legislators deal with the law passed by 60 percent of Michigan voters — 72 percent in Royal Oak — Frizzo said a summit should be planned to educate everyone.

"Let's find solutions to help sick people," he said. "That's my goal. We need to get through all of this."

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