June 30th, 2009 – Those of us who have seen the suffering of sick friends or family members relieved by smoking marijuana remain mystified at Gov. M. Jodi Rell’s opposition to a medical marijuana law. But perhaps she will be inspired by Rhode Island’s example.

The Ocean State’s legislature has expanded a 2006 medical marijuana law to allow for state-licensed “compassion centers,” dispensaries where chronically ill residents who are registered with the state health department and have a prescription from a doctor may buy pot to ease their pain. There are 700 registered patients and 582 caregivers who may purchase marijuana on behalf of someone else.

Rhode Island joined California and New Mexico as the only states to permit marijuana sales to chronically ill people. At least eight other states, including New Hampshire and Maine, are considering similar legislation; 13 states offer some legal protection to patients who use marijuana under a doctor’s care.

Connecticut might have been the 14th. A bill introduced last year would have allowed patients with conditions such as cancer, epilepsy, glaucoma, multiple sclerosis or AIDS to grow up to four marijuana plants in their homes with a doctor’s prescription. The bill was approved by wide margins in the Connecticut House and Senate. Polls showed that 83 percent of residents supported the legislation.

But Mrs. Rell vetoed the measure. She said it would force people to seek out drug dealers to buy marijuana, apparently unaware that that’s what sick people or their friends were already doing.

Mrs. Rell also said the bill would send the wrong message to young people. But research by the Washington, D.C.-based Medical Marijuana Project has found no increases in marijuana use among the young and some indications of less use in some age groups in states that allow medical marijuana.

Perhaps when pot becomes a palliative for cancer or HIV/AIDS patients, it loses its attraction.

State Rep. Penny Bacchiochi, R-Somers, whose then-husband used marijuana to counter the pain of bone cancer in the 1980s, reintroduced the medical marijuana bill earlier this year but did not press it after she was told that the governor had not changed her position.

The governor ought to do so in time for the 2010 session, lest she allow ideology to trump compassion. Source.

June 30, 2009-ESCANABA – Medical marijuana is causing quite a stir in Michigan, from those who must enforce a law they may not like to those who would utilize the newly-legalized medicine.

A decision in Alger County Circuit Court recently affirmed that the Michigan Medical Marijuana Act (MMA) could be applied retroactively. In Delta County, an opposite finding was held.

James Howard Peterson, Munising, was charged with manufacturing of marijuana after police seized two marijuana plants from his Alger County home Nov. 3 – the day before the MMA was passed by popular vote. On April 8, Alger County Circuit Court Judge William Carmody granted Peterson’s motion to dismiss. He stated the effective date of the act was Dec. 4, but maintained the law could apply retroactively.

“Public policy would certainly suggest that if a medical benefit can be realized from the use of a particular substance, what possible harm can be found by the state in allowing the same to be applied retroactively?” Carmody said in his ruling.

Peterson was represented by attorney Tom Casselman of Marquette. A circuit court judge’s decision is not the final word. Circuit decisions can be appealed to an appellate judge, and ultimately to the Michigan Supreme Court.

In Delta County, a man charged with possession and delivery recently had his justification defense rejected when he asserted he was medically permitted to have the plants.

Jason McEntire, 37, Escanaba, was arrested April 13 on two controlled substance charges of delivery/manufacturing marijuana and maintaining a drug house.

On Nov. 10, 15 pot plants were confiscated from McEntire’s residence in the southside trailer court. Eight officers from the Upper Peninsula Substance Enforcement Team (UPSET) conducted the drug bust.

During McEntire’s preliminary hearing in district court in April, his lawyer Jayne Mackowiak said he had received authorization from a doctor in January, after the raid, to grow the plants for medicinal purposes. Mackowiak said the act should be retroactively applied in this case. Delta County Prosecutor Steve Parks said the marijuana plants were seized from McEntire’s residence on Nov. 10, before the new law went into effect in December.

“I feel the behavior was before the effective date of the (new) act,” Parks told the court.

Judge Glenn Pearson agreed the case occurred prior to the new legislation and would listen to the facts presented according to laws at the time.

“I think the courts are supposed to interpret and enforce existing laws, not anticipate them,” Pearson said, and bound McEntire over to circuit court.

McEntire invited UPSET officers into his home April 13 and presented a medical authorization form for the marijuana that was dated Jan. 12. McEntire was arrested on the spot.

By Audrey LaFave. Source.