Michigan May Change Medical Marijuana Law

State officials in Michigan who believe the state's medical marijuana law is being abused have revealed their strategy for revising the statute.

Miichigan Attorney General Bill Schuette, members of state and local law enforcement, prosecutors, representatives of the medical community and some members of the legislature have proposed a legislative package, including new laws to ensure safety on the roads and hold accountable criminals who abuse the state medical marijuana certification process.

Michigan is one of several states that has a law allowing marijuana to be prescribed for some medical uses, but Schuette maintains the law is so poorly written that it is being abused.

"This law has been hijacked by pot profiteers who threaten public safety on the roads and in our communities," said Schuette.

At a media event this week to announce details for the proposed legislation, Schuette introduced two Republican and one Democrat lawmakers who support the measure, along with Dr. Steven E. Newman, President of the Michigan State Medical Society, and various police officers.

Two laws at odds

Schuette noted confusing inconsistencies between the Michigan Motor Vehicle Code and the Michigan Medical Marihuana Act must be eliminated to preserve safety on Michigan roadways. A longstanding safety provision in the Michigan Motor Vehicle Code prohibits driving with any amount of marijuana in your system.

In contrast, the medical marijuana law prohibits only driving "under the influence of marijuana," a term which Schuette says is not defined in state law or by uniform scientific standards, and creates a different standard for medical marijuana users. This inconsistency, he says, has created confusion for law enforcement, and is currently under review by the Michigan Court of Appeals in the case, People v. Koon.

Schuette cited statistics recently released by the Michigan State Police which indicate that marijuana-related fatalities remain the most common drug-related automobile fatality, and that such fatalities are on the rise in Michigan.

"Driving with marijuana in your system is unsafe and jeopardizes the safety of our roadways," said Schuette.  "If you take drugs, don't take the wheel."

More tools for prosecutors

Schuette also proposed legislative reforms to the Penal Code that will give prosecutors and law enforcement the tools they need to crack down on criminals who exploit the loopholes of the medical marijuana law.

Schuette has proposed the creation of new crimes to crack down on criminal abuse of the medical marijuana certification system:

• Make it a felony for physicians to knowingly falsely certify a debilitating medical condition for patients seeking to use medical marijuana;
• Make it a felony to knowingly submit false information on an application for a patient or caregiver card;
• Make it a felony to knowingly alter a patient or caregiver card;
• Make it a felony to knowingly possess another person's card or to transfer or allow a person to use another person's card;
• Prohibit felons from being caregivers (Currently only those convicted of drug-related felonies are prohibited); and
• Make it a misdemeanor for a patient or caregiver to fail to report a lost or stolen card within seven days.

Schuette says the proposed regulation would also strengthen the hand of law enforcement, limit criminal access to medical marijuana, empower local communities to regulate marijuana facilities, ensure high standards for patient care, and avoid confusion and excessive litigation regarding insurance claims and coverage for medical marijuana users.

Schuette said he expects the bills to be introduced and considered by the legislature in the fall.