15 Arrested in Oakland Sheriff's Pot Raids

Letter from Karen O'keefe on dispensaries:
I would encourage folks to fully realize the risk they're running if they...do anything that is not clearly and explicitly allowed by Initiated Law 1. Anyone treading outside the scope of what is clearly protected from arrest
could very well end up being prosecuted, which is generally extremely expensive and stressful, even if one is ultimately acquitted. And, if they're convicted it's even worse ... In addition, the current federal policy that advises against targeting those who are state-legal only applies to those in "clear and unambiguous compliance" with state laws.

The affirmative defense is meant as a safety net (such as for those who are not registered or who need more marijuana), but it is not clear that judges will interpret it as it was intended. I think the affirmative defense is clear, but some courts have pretty much interpreted it out of existence, so it is very risky to rely on it. In addition, one is way better off only doing what is explicitly protected from arrest (getting an ID card and abiding by the limits). Getting arrested and getting a lawyer, etc, is not a pleasant experience even if one ultimately prevails.

In addition, public support could easily turn if there becomes a perception that the law is being abused or what is happening is not what voters expected. It's important that folks not do anything to undermine public support. In Montana, there was a petition campaign to repeal the state's medical marijuana law. It got off to a late start and they only had two weeks or less to gather signatures. It didn't qualify, but it did show that there is some strong and concerted opposition in response to things like a proliferation of dispensaries, doctors that are not doing thorough exams and a huge increase in patient numbers, etc.

I would love to see an add-on bill to allow well regulated dispensaries in Michigan. I don't know if it'd have much of a chance, but a Republican sponsor got one passed in Colorado last year and Montana lawmakers are looking at doing the same thing next year. Maine and Rhode Island also have new dispensary laws that were added on to their existing laws in 2009.

-Karen
Note: this is not intended as legal advice. Please consult with a
Michigan-licensed attorney for legal advice.

Karen O'Keefe, Director of State Policies
Marijuana Policy Project
236 Massachusetts Ave. NE, Suite 400
Washington, DC 20002
P: 202-462-5747, ext. *2023
F: 202-552-0982
kokeefe@mpp.org
http://www.mpp.org/