Saturday, January 3, 2009

How will Michigan's new medical marijuana laws effect Indiana border residents?

While Michigan policy makers are trying to determine oversight regulations for the use of medical marijuana in their state, Indiana law enforcement at the state and local levels are still unsure as to how to proceed with a potential spill over from the northern border.

If Michigan's medical marijuana laws end up being stuctured anything like the state of California's laws, there may be an entirely new economy built around these regulations. Even the marijuana decriminalization advocates at the Drug Reform Coordination Network were not shy in describing the ease of an ordinary citizen being able to get prescribed the drug for medical purposes. In one statement by the group, they allege that California's laws allow for:

"...virtually anyone with $150 for a doctor's visit to seek certification as a a registered medical marijuana patient, and with its thriving system of co-ops, collectives, and dispensaries, the Golden State has created a situation of very low risk for consumers and significant protections even for growers and sellers."

Q & A
Q: If an Indiana citizen travels two minutes across the border to a doctor in Michigan and receives a prescription for marijuana, are Indiana police required honor that presciption?

A: According to the Journal's local legal experts, the answer is yes. The federal constitution outlines a mandate requiring states to give "...full faith and credit to the laws of another state".

Interesting Predicament
Here's the situation:
Two men are sitting in a parked car in downtown South Bend smoking marijuana, one of the men has a Michigan medical marijuana prescription and the other does not. The men are approached by a police officer for suspicion of using a controlled substance. Under our current laws, the officer may only arrest the man who does not not have a prescription for the substance.

But...
If the same two men are approached in their car by a police officer in Michigan, then both may be arrested!

Reason:
Since the public referendum on medical marijuana went into effect on December 5, 2008 in Michigan, lawmakers in that state have been creating regulations prohibiting the use of the subtance in many places -- including in motor vehicles.

What does Indiana do to address this problem? There is obviously some serious legal loopholes that need to be plugged. The Journal does not have an official opinion on this issue....the Journal just reports the news.

...stay classy South Bend.

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