FRANKENMUTH —Since Michigan voters approved a measure to allow medical marijuana for qualifying patients in 2008, critics have complained that the law lacks clarity and procedures have not worked as expected.

State Rep. Ken Horn (R-Frankenmuth) and Phil Cavanaugh (D-Redford) head a work group that has been meeting since June to clarify the law to add legitimacy to the medical marijuana program and provide more protection for qualified patients.

Horn said he voted against the 2008 measure to bring the medical marijuana issue to voters, but because it was approved by legislature and voted into law by the citizens, he feels patients and caregivers deserve protection.

“We need to provide them with protection that they currently don’t have,” he said. “Caregivers — growers — and patients both feel particularly vulnerable to the system right now.”

A package of four bills was presented to the House Judicial Committee and lawmakers heard testimony from a variety of groups and individuals over the past three weeks, Horn said.

Most recently, on Thursday, they heard from a few associations and from the general public, when Horn said many testified to the medical benefits of marijuana rather than addressing the package of bills.

Members of the committee are now working through lists and spreadsheets of testimony and other input to see how they can apply it to the package of bills, he said.

“We hope to give some relief to a system that’s been strained for three years now,” Horn said.

One bill would define a “bona fide doctor patient relationship,” which is required for patients to obtain a medical marijuana card. The relationship is not explained under the current law.

Four medical marijuana bills:

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requires a photo ID card, changes the renewal process to every other year, increases law enforcement access to the medical marijuana registry and privatizes the licensing process.

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defines patient-physician relationship. Also establishes clarifies the definition of an "enclosed, locked facility" and expands reasons to disqualify caregivers.

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clarifies sentencing guidelines for violations of the law.

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deals with transporting medical marijuana in a vehicle and makes it illegal to operate a motor vehicle, aircraft or motorboat while under the influence of marijuana.

Provided by Rep. John Walsh

Lawmakers are recommending a definition that requires in-person visits, an examination to check for a condition that would have theraputic benefits from using marijuana and for the doctor to have access to a patient’s medical records, he said.

Another shortfall of the current law is that patients who have applied for but have not yet received their card can legally possess marijuana if they applied for the card within 20 days, Horn said.

A patient found with marijuana can present a receipt that the application was turned in, but police officers have no way of verifying that the patient is legal or if the application has been denied.

“A cop doesn’t know if it’s real, denied or still in the process,” he said. “It’s just a mess.”

Those waiting for their cards in the mail have little protection under the current law, Horn said.

The group will recommend privatization of the permitting process to speed things up and clear the backlog of up to nine months for new patients, Horn said.

“We’re working to narrow the gap of the time people’s licenses are hanging out there,” he said.

The group wants to require a photo identification card with a patient registration number on it that will protect patient confidentiality but also ensure to police that the person is qualified to carry marijuana.

The same bill would increase law enforcement access to the medical marijuana registry.

Cavanaugh and Horn have toured sites and spoken to groups and “countless individuals” involved in the medical marijuana field, including doctors, attorneys, patients, caregivers, compassion clubs, dispensary owners, prosecutors and law enforcement professionals.

“We’ve been provided a pretty good basis to make some sound changes,” Horn said, adding that he believes there is bipartisan support for the package.

“It’s about protecting a sick patient,” he said. “They have the right under the law, so we’re going to make sure they feel safe in their own state."

The bills must gain support from three-fourths of the House and Senate to pass because they would modify the act approved by citizen voters in 2008.

“It’s a high bar, so this has to be a bipartisan effort,” Horn said.

H vs. J

Q:

Why is marihuana spelled with an "h", rather than a "j", in the 2008 law and 2012 proposed bills?

A:

Marihuana is one of two acceptable spellings in the dictionary and is consistent with the spelling in the Michigan Public Health Code, Act 368 of 1978, and Initiated Law 1 of 2008, according to the

.

Cavanaugh, a Democrat, agreed the bills would probably have the support they need to pass and said he believes they will make a positive impact.

“It will send a message to prosecutors to not be as agressive,” he said.

The bills will give credibility to patients while “weeding out” recreational users who shouldn’t have marijuana certification, Cavanaugh said.

Berrien County Prosec Attorney Arthur Cotter, who serves as chairman of the Medical Marijuana Committee for the Prosecuting Attorneys Association of Michigan, said he thinks the bills are a good step toward reform but an important issue was not addressed in this package.

The option to fill out a medical marijuana application with a "self reported" condition like severe and chronic pain, nausea or spasms opens the door for abuse, he said, noting that nearly 95 percent of patients fall under that category rather than with much fewer applying with an approved illness like cancer or multiple sclerosis.

"That's where people abusing the medical marijuana act have driven a truck through," he said.

He also noted the importance of defining and enforcing the bona fide doctor patient relationship and related issues as key for reform.

He said Michigan is now "stuck in the middle" between illegal marijuana and de-facto legal pot because of ways around the current law.

Cavanaugh said the legislature is moving in steps to address the needed changes.

“These bills will not address all of the concerns,” he said, “but they do make good progress.”

The legality of dispensaries will be the next issue lawmakers will tackle in upcoming meetings, Horn said.

Sales at dispensaries were deemed illegal by a three-judge panel of the Michigan Court of Appeals in August of 2011.

A Mount Pleasant dispensary filed an appeal with the Michigan Supreme Court.

Contact Brad Devereaux at bdeverea@mlive.com or 989-372-2442 or follow him on Twitter.