Loopholes in Medical Marijuana Law

Contact:  John Sellek or Joy Yearout 517-373-8060 
Agency: Attorney General

August 10, 2011

            LANSING -  Attorney General Bill Schuette was joined today by members of state and local law enforcement, prosecutors, representatives of the medical community and legislative leaders to propose legislation to address the growing public safety problems associated with the poorly written Michigan Medical Marihuana Act (MMMA).  Schuette announced the details of a legislative package, including new laws to ensure safety on the roads and hold accountable criminals who abuse the state medical marijuana certification process.

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

At the announcement to unveil the legislative proposals Schuette was joined by: Senator Rick Jones (R-Grand Ledge), Representative John Walsh (R-Livonia), Representative Richard LeBlanc (D-Westland), Dr. Steven E. Newman, President of the Michigan State Medical Society, Lt. Col. Gary Gorski of the Michigan State Police, Cass County Prosecutor Victor Fitz, Saginaw County Prosecutor Michael Thomas, Eaton County Sheriff Mike Raines, Clinton County Sheriff Wayne Kangas, and Berrien Springs Oronoko Township Police Chief Milton Agay.

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 MMMA references driving "under the influence of marijuana," a term which is not defined in state law or by uniform scientific standards, and creates a different standard for medical marijuana users.  This inconsistency 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."     

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 MMMA.  Currently, there is a lack of penalty provisions for criminals who undermine the integrity of the system by submitting fraudulent patient and caregiver applications or fraudulent physician certifications.  Schuette has proposed the creation of new crimes to crack down on criminal abuse of the medical marijuana certification system:

1)   Make it a felony for physicians to knowingly falsely certify a debilitating medical condition for patients seeking to use medical marijuana;

2)   Make it a felony to knowingly submit false information on an application for a patient or caregiver card;

3)   Make it a felony to knowingly alter a patient or caregiver card;

4)   Make it a felony to knowingly possess another person's card or to transfer or allow a person to use another person's card;

5)   Prohibit felons from being caregivers (Currently only those convicted of drug-related felonies are prohibited); and

6)   Make it a misdemeanor for a patient or caregiver to fail to report a lost or stolen card within seven days.   

            In addition to the measures to preserve safety on the roadways and tackle criminal abuse of the medical marijuana certification system, Schuette proposed legislation to address several loopholes in the law, including measures to 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 expects the bills to be introduced and considered by the legislature in the fall.

http://www.michigan.gov/ag/0,4534,7-164--260652--,00.html