How you view it depends on which side you're on. If you're a prosecuting attorney, the law has its flaws and it needs to be amended. If you're a defense attorney, the law's broad nature was its intent.
For those who use it to ease their pain, it's a life saver.
Amanda McConnaughhay of Argentine Township celebrated her 22nd birthday this past Sunday, a milestone her mother Diane wasn't sure she would reach.
"U of M hospital says they couldn't do anything for her. She was on hospice, then she started losing the weight. She got down to 51 pounds at 21," Diane McConnaughhay said.
Amanda was diagnosed with Retts Syndrome, a rare developmental disorder, when she was 3. To control Amanda's seizures, her doctor prescribed prescription drug after prescription drug, but nothing appeared to work - that is, until her mother saw a health report on ABC12 News to try medical marihuana as a last ditch effort to save her daughter's life.
"She had edible cookie. Within 45 minutes, she had appetite back. She's been eating since. Her daytime seizures quit, seizure-free for nine months," McConnaughhay said.
Since then, Amanda is more alert, relaxed, and has even gone back to school. Her weight has improved, too. She now weighs 95 pounds.
"I never thought it would help, but here we are. This is the only thing that works," said McConnaughhay.
Amanda's positive response has prompted Diane to become a licensed caregiver and to grow her own medical marihuana, with the help of the Genesee County Compassion Club. The medicinal buds will be used in Amanda's favorite treats like cookies, brownies and suckers. "It's medicine. It's her medicine. It's helping her," McConnaughhay said.
Under Michigan's medical marihuana act, a licensed caregiver like McConnaughhay can treat five patients. Each patient is allowed to possess 2.5 usable ounces of cannabis and 12 plants awaiting harvest.
While the law appears to be straightforward, Genesee County Prosecutor David Leyton says after two and half years on the books, it's still vague. "There are so many areas where it's unclear. For example, it's unclear if a caregiver can provide medical marihuana to a patient. One section of act says yes, another says no," Leyton said.
"The act says marihuana is allowed for those who have a chronic illness, but section one of the public health code still says marihuana is dangerous, illegal drug."
Leyton says since Michigan voted to legalize medical marihuana in 2008, only one case has gone to trial in Genesee County - a case he lost. "The judge ruled in that case because the police did not separate out stems and seeds before weighing it. The jury would have to speculate on whether the usable amount weighed more than 2.5 ounces. We thought it did because it weighed like 50 pounds, but he ruled otherwise."
But it was a victory for Oakland County Defense Attorney Michael Komorn, who says the law protects who it's suppose to.
"Persons who have the card and 2.5 ounces of usable medical marihuana or growing 12 plants, they are protected without any penalty," Komorn said.
Komorn is on the board of directors for the Michigan Medical Marihuana Association, and says he's frustrated with law enforcement's approach to medical marihuana caregivers and patients. "It shows me they aren't taking this law as it was intended," he said. "It's time for law enforcement to sit down with the community instead of arresting and prosecuting, and try to get a better understanding how things go on for treating sick people."
"This is gonna take years," Leyton said. "Until the people of Michigan, to have an understanding of what this law is, it's going to take the Legislature, the AG, the prosecutors and appellate courts to decide what the law is and what it isn't."
For Brenda, a medical marijuana patient in Grand Blanc, the law means a new outlook on life. "It brought me back into society. I'm an outgoing person. It's given me a new attitude, a positive one and wanting people to benefit from it."
Brenda has asked us not to show her face. Diagnosed in 1991 with rheumatoid arthritis, she lives with severe pain much of that time. "My neighbors didn't see me for six months, trying to recuperate. It was constant pain. Now I'm flexible, moving about, losing weight. I've got the energy I didn't have and the painfreeness (sic) that I can do this now."
Finding relief has given Brenda a purpose, a reason to get up in the morning. She volunteers at the local compassion club, promoting its mission. While she won't call it a miracle medicine, she believes it's as close to one she'll ever find. "I'm not saying it's cured everything. I'm not saying I don't have pain. But it's eliminated the majority of it so I can enjoy my grandbabies."
It's stories like Brenda's and Amanda's that attorney Michael Komorn says the law was intended for. He believes cannabis should no longer be looked at as a street drug, but rather a medicine, much like aspirin or an antibiotic.
"I think it's a difficult task for a prosecutor to cross-examine a sick person and say they're taking the wrong medicine and their doctor is wrong," Komorn said.
Komorn says despite medical marihuana's stigma in the society - one way to combat its perception is taking the cases against caregivers and patients to court to allow a jury of their peers decide what happens next. "I believe people won't want to convict sick people that are using cannabis to treat their condition, period."
Komorn expects much of the change will come through the courts.
