Seminar focuses on medical marijuana act issues, holes

Local health care providers, law enforcement, social workers, members of the court and more learned about the “Michigan Medical Marihuana Act” (MMMA) as it pertains to the Michigan law.

The free event took place from 9 a.m. to noon Tuesday at the Ionia County ISD East Campus, hosted by the Ionia County Substance Abuse Initiative. Kenneth Stecker of the Prosecuting Attorney Association of Michigan was there to present the information and answer questions attendees had concerning individual cases.

Stecker said he travels statewide to give the information, and believes it is important for many to learn.

“I think there is still a lot of issues, and individuals are still seeking information about the law,” said Stecker.

He began with categorizing marijuana as a “Schedule 1” drug, which the federal government does not recognize or accept as using for medical purposes and deems the possession, distribution and manufacture of the substance a criminal offense.

Stecker said the writer of the act, Karen O’Keefe, wrote certain areas of the document in such a way that there are many broad and undefined areas that are now causing issues in the courts.

The act is comparable to a hornet’s nest, he added.

One of those issues discussed has to do with a patient being fired by his or her employer for using medical marijuana. Because the MMMA does not regulate private employment, cases are beginning to appear in court.

In the pending court case Casias vs. Wal-mart, former store employee Joseph Casias found himself fired from his Calhoun County job after he tested positive for marijuana, which he used while off-duty.

Section 7(c)2 of the MMMA states, “nothing in this act shall be construed to require: (2) an employer to accommodate the ingestion of marihuana in any workplace or any employee working while under the influence of marihuana.”

Now, Stecker said, it is being suggested employers adopt policies addressing how the medical use of marijuana will be treated.

Other issues include the difference between usable and unusable marijuana, the definition of a “bona fide” relationship with a physician giving an opinion that marijuana will help a patient, obtaining medical marijuana, the limitations of plant size, distinguishing between seedlings and mature plants that produce, primary caregiver compensation and more.

Additional concerns were also discussed, and Stecker pointed out other unspecified and unregulated aspects of the MMMA.

Stecker said, though a medical marijuana user’s state law trumps other state laws, the federal government trumps them all, giving them the final say.

Kevin Blohm, an employee with the Department of Human Services, said he felt the presentation was beneficial.

“I thought it was useful, it was interesting. It still sounds like there is a lot of uncertainty about how to prosecute (in different cases),” said Blohm.

He said he believes he will use the information when interacting with medical marijuana card holders, and said he now feels more confident about how to approach certain situations.