States Not Grooving on Medical Marijuana Laws

California’s medical marijuana law is perhaps the best known, but it's not the only such state law in the U.S. Other states have passed similar laws in recent years and are grappling with the limits and intent of these statutes.

In Michigan, Attorney General Bill Schuette has filed amicus briefs in support of two counties that are trying to clarify issues arising from enforcement of the Michigan Medical Marijuana Act. Schuette says he wants to make sure the law is properly enforced, and not used to essentially decriminalize the drug.

Schuette filed a brief in support of Isabella, Mich., County Prosecutor Larry Burdick, who is challenging a for-profit aspect of a local medical marijuana club. The prosecutor claims the club violates the law by allowing profits from medical marijuana sales by individual members, in patient-to-patient transactions.

Over the limit?

The case also challenges the practice of the club housing the members’ marijuana under one roof, at one location. The prosecutor says that violates the limits established on possession of the drug.

In his brief, Schutte agrees, and argues the law does not allow profits on the sale of marijuana, only the ability to recover “reasonable costs.”

In the second case, Schutte backs up Oakland County, Mich., prosecutor Jessica Cooper. Cooper has prosecuted defendants arrested for marijuana possession. The defendants claimed in court they were using the marijuana for medical purposes, even though they were not enrolled in any medical marijuana program and did not have a prescription.

An end run?

Schutte’s brief claims this defense is an obvious attempt to distort the law.

"This law was intended to aid people with difficult or incurable diseases, but some are attempting to exploit the law to essentially legalize marijuana and that is wrong," said Schuette.  "We will continue to seek clarification of the law to ensure the health and safety of the general public is protected."

Fifteen states and the District of Columbia currently have medical marijuana laws on the books. Though cannabis is a controlled substance, these laws allow its use, or the use of its active incredient, THC, as a physician-recommended form of therapy.