Traverse City Record-Eagle

Our Views

THE ISSUE

-- Police raid local marijuana collectives

Our view

-- Lawmakers must follow voters' wishes

December 23, 2011

Editorial: Lawmakers, courts, cops must obey voters' wishes

----

Recent comments from a Michigan State Police detective who heads up all drug teams in northern Michigan put the lie that Michigan's Medical Marijuana law has become into perspective.

After police raided three medical marijuana collectives in the Traverse City area last week, he said: "The appellate court has been very clear what the definition is for these things, and these people are not in compliance."

The three collectives appear to have "thumbed their noses" at the law.

Really? What law is that?

The medical marijuana law passed by 63 percent of Michigan voters back in 2008 that clearly said individuals with a medical condition who might get relief by using marijuana -- such as people undergoing chemotherapy or suffering chronic pain -- could buy and use the illegal drug?

Or the law as it has been construed by the courts with virtually zero guidance from the Legislature or the wishes of the voters in mind? The intent of the law is clear: Those who can prove a medical need can have access to marijuana. But the state, through the courts and law enforcement, has gone out of its way to concentrate not on those in need but instead on those taking advantage of the near total lack of basic enforcement legislation to make a few bucks.

Michigan lawmakers and the law enforcement community -- starting with Attorney General Bill Schuette, who helped lead opposition to the marijuana ballot issue -- have completely ignored their constitutional duty to write enabling legislation that would allow access to those in need while prosecuting those bending the law.

That lack of leadership is what led to an appeals court ruling in August that essentially -- and illegally, given the 2008 ballot measure -- barred the sale of medical marijuana, and in turn resulted in the raids on three local marijuana collectives last week.

Earlier this month Schuette's office sponsored a daylong seminar for local police and elected officials in Traverse City to talk about ways to put collectives out of business by enforcement and local zoning. Some communities have used the zoning excuse to simply ban collectives even now, three years after the statewide ballot initiative.

Without some leadership from the Legislature, which needs to approve enabling legislation that lays the groundwork for a workable medical marijuana distribution system, the law is essentially going to be gutted by bureaucrats and inertia.

Or, more likely, brought to life again via a federal lawsuit that could cost the state millions.

Michigan voters have spoken, and now it's up to the people being paid good money to enact and enforce laws to do their jobs.

Text Only