Michigan Attorney General Targets Medical Marijuana Law

Says it sanctions criminal activity

Mark Huffman

 

Michigan is one of the states with medical marijuana laws on its books, but the state's attorney general says the law is poorly written and having unintended consequences.

Michigan Attorney General Bill Schuette, joined by two Republican state legislators, has announced his plans to revise the law in the next session of the legislature.

"Michigan voters didn't count on pot shops springing up across from their schools and churches," said Schuette.  "That's why I'm taking action today to support local governments' authority to protect their communities."

Schuette filed a brief today in support of the City of Livonia in the case, Linda Lott and Robert Lott v City of Birmingham, City of Bloomfield Hills, and City of Livonia. The case involves a legal challenge brought by the ACLU regarding the authority of communities to prohibit medical marijuana use or sales on the grounds that marijuana possession violates federal law.

'Illegal activity'

In a brief filed with the court, Schuette sides with Livonia, arguing that the Michigan Medical Marijuana Act is preempted by federal law and that local communities should not be forced to sanction criminal activity. The case is scheduled for oral argument on June 30, 2011 at 11:00 A.M.

Schuette said that conservative estimates suggest there are hundreds of dispensaries across the state, with eighty-four in the Lansing area alone.

While state courts complete their review of cases involving the Michigan Medical Marijuana Act, Schuette is working with legislators to make changes to the law.

"I welcome legislative reforms that will give prosecutors and law enforcement the tools they need to crack down on criminals who exploit the loopholes of this law," said Schuette.

Also today, Schuette issued an Attorney General's Opinion, declaring that the law allows no more than 12 marijuana plants to be cultivated in a single location. He further declared that each set of plants grown by a caregiver is required to be in a separate, enclosed and locked facility, accessible only to the caregiver and a single patient.

Out of control

Calling medical marijuana “out of control,” Schuettte said the Michigan law did not legalize marijuana, but criminals are exploiting it to sell the drug.

This week in Washington, Rep. Barney Frank (D-MA) and Rep. Ron Paul (R-TX) introduced legislation that would remove the federal prohibition against marijuana. The measure would essentially leave it up to the states to make their own laws with regard to the drug.

From: http://www.consumeraffairs.com/news04/2011/06/michigan-attorney-general-targets-medical-marijuana-law.html