Michigan Medical Marijuana Act of 2008 | |
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Summary:
The Michigan Medical Marijuana Act Initiated Law 1 of 2008 MCL 333.26430. Effective December 4, 2008. The Michigan Medical Marijuana Act was a state law that was put into place to provide protection for the medical use of marijuana. The law permits qualifying patients to use up to two and a half ounces of marijuana and have up to twelve plants with a close locked facility. These patients are able to only use marijuana under therapeutic purposes as long as the person suffers from a debilitating medical condition, has a physician written approval, and is registered with the Michigan Department of Comnunity health and obtain a registry identity card.
Under this law a debilitating medical condition could consist of Cancer, glaucoma, positive status for human Immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, and agitation of Alzheimer's disease, nail patella, or the treatment of these conditions. Severe and chronic pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis. Any other medical condition or its treatment approved by the department, as provided for in section 5. The term medical use means possession, cultivating, manufacture, use, delivery, transport of marijuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition (Michigan Medical Marijuana Act).
In the State of Michigan people are permitted by state law to cultivate, distribute, and possess marijuana for medicinal purposes. The act was passed to help people suffering from painful, terminal illnesses and diseases. It's believed that marijuana alleviates pain, making it much easier
for people living with these ailments to contend with the pain they experience each day. People with certain illnesses and conditions can cultivate, distribute, and possess marijuana without fear of criminal repercussion, as long as they have legitimate consent from a licensed medical
physician. Link to Michigan Medical Marijuana Act of 2008 http://legislature.mi.gov/doc.aspx?mcl-333-26424.
Analyzing the MMMA of 2008:
Medical Marijuana Controversy: The use of marijuana for medicinal purposes is a subject of much controversy. Supporters stand by the drug's ability to ease suffering for people with terminal illnesses and debilitating conditions, while the federal government considers possessing, cultivating, or distributing marijuana a crime, regardless of whether it's for medicinal purposes or not. The conflicting laws between the state and federal government make medical marijuana charges very confusing, and have made it difficult when it comes to prosecuting individuals for medical
marijuana crimes. As a result, many people with lawful prescriptions, the setting up of medical marijuana sale shops are finding themselves in trouble with the law and getting arrested.
To analyze this policy, I'm going to use four criteria. 1. Clarity of Language-- is the policy clear and understandable. 2. Effectiveness-- How is the policy working so far? 3. Beneficence--Enhancement of one's well being. 4. Loopholes-- areas where the policy may not cover.
Analyzing
Clarity of Languiage:
When considering the clarity of the language of the Act it seems to be very clear in its language of being able to read it without any misconceptions of what it is saying. The policy does put forth language that is understandable and does break down and define in sub sections specific wording within the policy like "Usable marihuana" means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant. As clear as the language may be within the policy I believe the language is used in broad terms.
Effectiveness of the Policy:
Considering what the policy was enacted to do, you can say it is effective, within the structure of the policy which is to statewide allow marijuana use for medical reasons. There is still much work to do within the legislation of this policy; I foresee many amendments and restrictions as well as opposition to the effectiveness of this policy. Marijuana is looked at as an illegal drug by federal law and allowing it to be legal within states is opening the door for opportunities of abuse, occupational hazards, safety hazards and illegal activity. Since the passing of the law there has been a rise in misuse, abuse, and illegally activity with those who are within the qualifications of the law. If you take a look at the bills being introduced pertaining to this Act, there are ten to fifthteen bills and amendments right now being discussed to amend and restrict certain areas of this policy, which speaks a lot about the effectiveness of the policy.
Beneficence:
This is an important part of any policy and very important to the social welfare of human beings in general. Policies are suppose to in one way or another enhance the well being of life. If you look within this policy it does not say that it is enhancing one's life, but it does say that the policy was made to help people who have a debilitating medical condition, to assist with helping alleviate pain. If this helps the patient from intense pain then you could say it does enhances one's life. Of course there is great debate on how much of an enhancement marijuana may be. Marijuana has not been approved by the FDA, and has not been found to physically reduce pain by some researchers. Marijuana is still considered to be an illegal drug by the Federal Government. Until the Federal Government makes it legal and marijuana is approved by the FDA, then I believe it is not an enhancement of one's life. There have been some scientific findings that some of the ingredients within marijuana itself, such as the carcinogens and co-carcinogens that can cause some of the same related cancers as smoking cigarettes. Despite the challenges we need more factual studies and clarity that marijuana used in medical terms can indeed enhance one's life, otherwise we need to take a look at the cost and impact of marijuana use on the public health.
Loopholes:
If you get a chance take a look at the YouTube video at bottom of webpage where it talks about the many loopholes in the MMMA of 2008. Some of the loopholes are allowing people to medically use marijuana and the get behind the wheel of a car which goes against Michigan Motor vehicle code, allowing the abuse of the policy and letting to many people get a hold of marijuana, physicians falsfying Information on applications for people to retrieve medical marijuana registry cards, people with medical marijuana cards are giving to others to use. There are many loopholes in this policy and these loopholes are putting the safety of the public and the health of individuals at risk for undesirable outcomes.
Recommendations:
There are many recommendations that can be made about this policy, but I will state a few.
1. The policy needs changing and amending to more narrowing terms and definement.
2. There needs to be some collaboration or agreement between the state policy and the Federal Government policies on drugs.
3. There needs to be some criminal laws amended within this policy for those who misuse and abuse the privileges within this policy.
4. There needs to be more studies done on the actual effects of marijuana being taken for medical purposes, how healthy is it, is smoking marijuana healthy for medicinal use.
5. By permitting the use of marijuana other laws within the state need to be looked at, that this Act may be going against (Driving, Occupational hazards, Public Health, etc).
References:
Goldstein Law Offices, (2011). Los Angeles & San Fernando Valley Medical Marijuana Lawyer: Defense for Medical Marijuana Charges
in Los Angeles. Retrieved August 16, 2011 from www.LosAngelesMedicalMarijuanaLawyer.com.
Greenland S., Hashibe M., Morgenstern H., Straif K., Tashkin D.P., Zhang Z.-F. (2005). Epidemiologic
review of marijuana use and cancer risk. Alcohol, 35 (3), pp. 265-275. Retrieved August 16, 2011, from http://www.sciencedirect.com.proxy.lib.wayne.edu/science/article/pii/S0741832905001126
Michigan Medical Marihuana Act Initiated Law 1 of 2008. Retrieved August 16, 2011. From http://legislature.mi.gov/doc.aspx?mcl-333-26424
Musto, David F. (1991, July). Opium, Cocaine and Marijuana in American History. Scientific American, 265(1), 40-47. Retrieved August 17, 2011, from Research Library. (Document ID: 2871118).
Viau, Jesse. (2010). Smoke on the Horizon: Prospective Application of the Michigan Medical Marijuana Act. Pg 1, law.msu.edu. Retrieved 08/16/2011 from www.googlescholar.com
Under this law a debilitating medical condition could consist of Cancer, glaucoma, positive status for human Immunodeficiency virus, acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral sclerosis, Crohn's disease, and agitation of Alzheimer's disease, nail patella, or the treatment of these conditions. Severe and chronic pain; severe nausea; seizures, including but not limited to those characteristic of epilepsy; or severe and persistent muscle spasms, including but not limited to those characteristic of multiple sclerosis. Any other medical condition or its treatment approved by the department, as provided for in section 5. The term medical use means possession, cultivating, manufacture, use, delivery, transport of marijuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition (Michigan Medical Marijuana Act).
In the State of Michigan people are permitted by state law to cultivate, distribute, and possess marijuana for medicinal purposes. The act was passed to help people suffering from painful, terminal illnesses and diseases. It's believed that marijuana alleviates pain, making it much easier
for people living with these ailments to contend with the pain they experience each day. People with certain illnesses and conditions can cultivate, distribute, and possess marijuana without fear of criminal repercussion, as long as they have legitimate consent from a licensed medical
physician. Link to Michigan Medical Marijuana Act of 2008 http://legislature.mi.gov/doc.aspx?mcl-333-26424.
Analyzing the MMMA of 2008:
Medical Marijuana Controversy: The use of marijuana for medicinal purposes is a subject of much controversy. Supporters stand by the drug's ability to ease suffering for people with terminal illnesses and debilitating conditions, while the federal government considers possessing, cultivating, or distributing marijuana a crime, regardless of whether it's for medicinal purposes or not. The conflicting laws between the state and federal government make medical marijuana charges very confusing, and have made it difficult when it comes to prosecuting individuals for medical
marijuana crimes. As a result, many people with lawful prescriptions, the setting up of medical marijuana sale shops are finding themselves in trouble with the law and getting arrested.
To analyze this policy, I'm going to use four criteria. 1. Clarity of Language-- is the policy clear and understandable. 2. Effectiveness-- How is the policy working so far? 3. Beneficence--Enhancement of one's well being. 4. Loopholes-- areas where the policy may not cover.
Analyzing
Clarity of Languiage:
When considering the clarity of the language of the Act it seems to be very clear in its language of being able to read it without any misconceptions of what it is saying. The policy does put forth language that is understandable and does break down and define in sub sections specific wording within the policy like "Usable marihuana" means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant. As clear as the language may be within the policy I believe the language is used in broad terms.
Effectiveness of the Policy:
Considering what the policy was enacted to do, you can say it is effective, within the structure of the policy which is to statewide allow marijuana use for medical reasons. There is still much work to do within the legislation of this policy; I foresee many amendments and restrictions as well as opposition to the effectiveness of this policy. Marijuana is looked at as an illegal drug by federal law and allowing it to be legal within states is opening the door for opportunities of abuse, occupational hazards, safety hazards and illegal activity. Since the passing of the law there has been a rise in misuse, abuse, and illegally activity with those who are within the qualifications of the law. If you take a look at the bills being introduced pertaining to this Act, there are ten to fifthteen bills and amendments right now being discussed to amend and restrict certain areas of this policy, which speaks a lot about the effectiveness of the policy.
Beneficence:
This is an important part of any policy and very important to the social welfare of human beings in general. Policies are suppose to in one way or another enhance the well being of life. If you look within this policy it does not say that it is enhancing one's life, but it does say that the policy was made to help people who have a debilitating medical condition, to assist with helping alleviate pain. If this helps the patient from intense pain then you could say it does enhances one's life. Of course there is great debate on how much of an enhancement marijuana may be. Marijuana has not been approved by the FDA, and has not been found to physically reduce pain by some researchers. Marijuana is still considered to be an illegal drug by the Federal Government. Until the Federal Government makes it legal and marijuana is approved by the FDA, then I believe it is not an enhancement of one's life. There have been some scientific findings that some of the ingredients within marijuana itself, such as the carcinogens and co-carcinogens that can cause some of the same related cancers as smoking cigarettes. Despite the challenges we need more factual studies and clarity that marijuana used in medical terms can indeed enhance one's life, otherwise we need to take a look at the cost and impact of marijuana use on the public health.
Loopholes:
If you get a chance take a look at the YouTube video at bottom of webpage where it talks about the many loopholes in the MMMA of 2008. Some of the loopholes are allowing people to medically use marijuana and the get behind the wheel of a car which goes against Michigan Motor vehicle code, allowing the abuse of the policy and letting to many people get a hold of marijuana, physicians falsfying Information on applications for people to retrieve medical marijuana registry cards, people with medical marijuana cards are giving to others to use. There are many loopholes in this policy and these loopholes are putting the safety of the public and the health of individuals at risk for undesirable outcomes.
Recommendations:
There are many recommendations that can be made about this policy, but I will state a few.
1. The policy needs changing and amending to more narrowing terms and definement.
2. There needs to be some collaboration or agreement between the state policy and the Federal Government policies on drugs.
3. There needs to be some criminal laws amended within this policy for those who misuse and abuse the privileges within this policy.
4. There needs to be more studies done on the actual effects of marijuana being taken for medical purposes, how healthy is it, is smoking marijuana healthy for medicinal use.
5. By permitting the use of marijuana other laws within the state need to be looked at, that this Act may be going against (Driving, Occupational hazards, Public Health, etc).
References:
Goldstein Law Offices, (2011). Los Angeles & San Fernando Valley Medical Marijuana Lawyer: Defense for Medical Marijuana Charges
in Los Angeles. Retrieved August 16, 2011 from www.LosAngelesMedicalMarijuanaLawyer.com.
Greenland S., Hashibe M., Morgenstern H., Straif K., Tashkin D.P., Zhang Z.-F. (2005). Epidemiologic
review of marijuana use and cancer risk. Alcohol, 35 (3), pp. 265-275. Retrieved August 16, 2011, from http://www.sciencedirect.com.proxy.lib.wayne.edu/science/article/pii/S0741832905001126
Michigan Medical Marihuana Act Initiated Law 1 of 2008. Retrieved August 16, 2011. From http://legislature.mi.gov/doc.aspx?mcl-333-26424
Musto, David F. (1991, July). Opium, Cocaine and Marijuana in American History. Scientific American, 265(1), 40-47. Retrieved August 17, 2011, from Research Library. (Document ID: 2871118).
Viau, Jesse. (2010). Smoke on the Horizon: Prospective Application of the Michigan Medical Marijuana Act. Pg 1, law.msu.edu. Retrieved 08/16/2011 from www.googlescholar.com
annotated_bibliography.doc | |
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