A spokesman for the Michigan State Police said the department does not want the responsibility of destroying excess medical marijuana, as written in the draft rules being discussed today in Lansing.
Greg Zorotney of the State Police executive division said a better solution would be for users or caregivers to destroy excess supply or for the Michigan Department of Community Health to write rules allowing for the transfer of medical marijuana from a retired user to a new user.
"It's burdensome for law enforcement to have someone come in, asking to destroy 12 plants. Plants can grow quite big," he said to a panel of state health officials taking comments. The draft rules can be viewed at www.michigan.gov/mmp.
About 100 people gathered at state offices to voice their concerns about the rules and regulations written by the Michigan Department of Community Health, which will oversee the medical marijuana program starting April 4. The law went into effect in December, but without identification cards, said Zorotney, a person could still be cited or arrested for possession.
Voters approved Proposal 1, the medical marijuana initiative, by 63% on Nov. 4, with every county in Michigan voting in favor of the new law. The law would allow users with terminal or chronic illnesses such as HIV, glaucoma and neurological diseases, and their caregivers, to grow up to 12 marijuana plants and use marijuana to treat symptoms of pain and nausea. The law would prohibit users from using marijuana in public places, or to operate a vehicle under the influence.
Zorotney also suggested that the ID card system be entered into the same law enforcement database as driver's licenses, to allow officers to be sure a registrant is legal. The draft rules make users renew their registration yearly.
Zorotney said the state has no position on federal law enforcement being able to access medical marijuana users through their databases. Marijuana use of any sort is still illegal under federal law, giving federal law enforcement the ability to prosecute users in spite of the state law.
http://www.freep.com/article/20090105/NEWS06/90105030