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ed Boyke, a former General Motors employee who served in the Navy, became disabled in 1996 after undergoing two brain surgeries due to a tumor and epilepsy.

Boyke was approved for medical marijuana due to severe sciatica due to a pinched nerve. He was diagnosed by the Mayo clinic in Minnesota and is a caregiver for himself and for one additional patient.

On April 15, Boyke stepped outside of his Saginaw Township home and was surrounded by Saginaw County Sheriff’s deputies and U.S. DEA Agents. With weapons drawn, they served Boyke with a federal warrant to search his residence, based on confidential information that he had violated marijuana laws. They handcuffed Boyke while they executed the warrant.

The DEA agents surveyed his home, said they wouldn’t pursue the case and left. The Saginaw County sheriffs department stayed to “see if he’d broken any state laws,” and according to Boyke, “started tearing the place apart.” They smashed his grow operation and a humidifier, dumped out dresser drawers and emptied closets in two rooms. They taunted him about who he voted for in the last presidential election.

When they left, they took two lawn mowers, a leaf blower, an air compressor and generator from his garage, his 2008 Chevy Impala, $62 from his wallet, his marijuana plants, hunting rifles and ammo, his harvested marijuana, Boyke’s medical marijuana card and paperwork, a generator, a paint sprayer, a dehumidifier, growing apparatuses, scales and a 42-inch Panasonic TV. “They asked me for the key

to my girlfriend’s car too, but I didn’t have it,” he says. “They told me I was lucky ‘cause they would have taken that too.”

The deputies returned the next day and asked Boyke how much money he had.

“When they came back the next day threatening to take a lien on my house, I called this one lawyer, Tom Frank in Saginaw and asked him about the $5,000 they wanted from me. He said, ‘I’ll run over and talk to them.’” Boyke said Frank didn’t call him back; instead the detectives called and asked if he had the money. “I was worried because they were threatening to take my house,” he says. “That Sheriff said ‘Make sure it’s cash, then we’ll bring your stuff back.’”

Boyke gave them $5,000 in cash, and they returned his car, the lawn mowers, leaf blower and air compressor but they didn’t return his TV or rifles. He says everything except the car was old junk

DRuGGED DRiviNG

deTRoiT — Should possession of small amounts of marijuana be legal?

Detroit voters will decide in the November 2 election.

Tim Beck of the local organization Coalition for a Safer Detroit says yes.

Beck is known for helping to get the law allowing marijuana use for medicinal purposes passed in 2004.

He recently led the petition drive that garnered nearly 6,000 signatures to get the new initiative on the ballot. Only 3,895 signatures are required. The clerk validated enough signatures to put the question to the voters.

Earlier this year, the Coalition asked the City Council to shortcut the ballot process by amending the city’s ordinance to allow anyone 21 years and older to possess an ounce or less of marijuana on private property.

The Council passed on the opportunity.According to Beck, Council received

advice from corporation counsel to not vote on the amendment because of their oath to state and federal laws which make possession of marijuana illegal.

Council faced a similar situation when in 1997 an ordinance amendment was passed to allow for needle exchange without a prescription.

“Sending it to the voters provides [the council] an ‘ass covering,’” Beck said.

If the law is passed and small amounts of marijuana for personal use becomes legal in the city, the Detroit police will have a choice between enforcing the city law or state and federal laws.

Corporation counsel, however,

AlSO iNSiDE ThiS iSSuE:• Legal Landscape P7

• Vaporizing Truths P9

• Compassion Clubs P14

continued, pG. 13 see DETROITERS

continued, pG. 12 see FORFEITURE

continued, pG. 13 see DRIVING

The miChiGan Supreme Court Tuesday ruled that it is not illegal to drive while having marijuana metabolites in the body, reversing a 2006 decision by a more conservative version of the court. Marijuana metabolites are not a controlled substance under state law, and their mere presence thus cannot be the basis of a conviction under the state’s drugged driving law,

the court held.The ruling came in People v. Feezel, in

which the court overturned the conviction of a driver in the death of a severely drunk pedestrian walking in the middle of a five-lane road at night. The driver, George Feezel, was himself borderline intoxicated on alcohol, blowing a 0.009, and also tested positive for marijuana metabolites, which can linger in the system for days or weeks after the pot high is gone. Feezle was found not

guilty of drunk driving causing a death, but convicted of second-offense drunk driving (a misdemeanor in Michigan), leaving the scene of a fatal accident, and driving under the influence of marijuana — although there was no testimony to the effect that he had used marijuana that evening and there was testimony to the contrary.

The court ruled that a Washtenaw County jury should have been allowed to hear evidence the victim was drunk, remanding the case back to circuit court. But in ruling that marijuana metabolites

Detroiters To Decide Legalizing Marijuana By Zenobia Jeffries, Michigan Citizen

Michigan Supreme Overturns Itself on Marijuana Metabolites Issue

FORFEiTuRE lAwS ENCOuRAGE POliCiNG FOR PROFiTBusted: A Narrative From The Drug war By Charmie Gholson

Ed Boyke stands defiant against the abuse of civil asset forfeiture.

From Drug War Chronicle, Issue #636

USe Of fOrfeITUre fUndS In MIChIgan

local Police Agencies

Multijurisdictional Task Forces

Due to rounding, figures are not exact. The Forfeiture Stature requires all awarded funds to be used to enhance law enforcement efforts pertaining to the enforcement of controlled substance laws.

Equipment 51%

Other 36%

Informant Fees 1%Buy Money

3%

Personnel9%

Other 50%

Personnel 21%

Equipment 11%

Informant Fees 3%Buy Money

8%

Fedral Grant Match

7%

| The Midwest Cultivator | July - September 20102 July - September 2010 | The Midwest Cultivator |

| The Midwest Cultivator | July - September 2010 July - September 2010 | The Midwest Cultivator | 3

The various “grey areas” of the Michigan Medical Marihuana Act are leaving patients, caregivers, attorneys, judges and law enforcers to varied interpretations of the law. The matter of utmost importance is how the police will enforce these laws. While we acknowledge that each municipality is unique in their enforcement of the MMMA, the Michigan State Police have the widest jurisdiction.

TMC asked MSP Inspector Greg Zarotney for clarification on several issues. Inspector Zarotney, of the Field Services Bureau in Lansing, which oversees the patrol and investigative arm of the MSP, is responsible for providing information on enforcement policy to state police posts.

TmC: Does your interpretation of the MMMA allow for patient-to-patient transfers of marijuana?

inspector Zarotney: First of all, we are law enforcers. We don’t interpret the law, we read and enforce the law. It’s the courts’ job to interpret the law. We put information out to the field regarding changes to the law.

This law doesn’t need too much interpretation regarding transfers of marijuana between patients. If you read from the law, the definition of medical use is straightforward in that it clearly allows for the acquisition, possession, delivery, and transfer of marihuana within the confines of the law.

Sixty three percent of the people passed this law, and law enforcement must accept the fact that the law is here to stay and we have to work within the law’s confines.

TmC: Does the MSP consider the sale or transfer of medical marijuana between patients within the setting of a private club legal or illegal?

inspector Zarotney: The law does not address private clubs directly but does provide limitations on where or when medical marihuana may be used. See MCL 333.26427.

TmC: What about the legality of compassion clubs that are private clubs, consisting of legal patients and caregivers who share or sell small amounts of marijuana to each other?

inspector Zarotney: This is not a broad definition of any or all compassion clubs. If someone receives info that a club is not abiding by the MMMA then police department will investigate.

TmC: Why can’t law enforcement access the patient and caregiver registry before being issued a search warrant, to cross reference intelligence with whether or not the person in question is a legal patient or caregiver?

inspector Zarotney: I don’t know how broad of access we have to that database, I know there is a method of confirming the number of a cardholder, be it caregiver or patient. But just because someone is in the registry, doesn’t mean they’re upholding the law.

Every single situation is different; from investigations of alleged compassion clubs

not abiding by the law, to every individual traffic stop when the person in question is in the process of getting their patient or caregiver card. Every instance is different. Nothing is clear-cut.

Police have to work closely with local prosecutors, whether it’s the county or the city attorney, and we’ve gone out of our way to implore officers on the road to contact their local prosecutors to determine how they would proceed in these cases; to get their take on how to proceed with the prosecuting.

I really think you need to contact the Department of Community Health on this access to information issue. DCH should be able to tell you exactly how much information is available to law enforcement.

TmC: I’ve spoken to law enforcers in California, where medical marijuana laws have been in effect since the mid nineties, and they’ve told me when they receive a tip on a grow operation, they go to that location, knock on the door, and ask what’s going on. They investigate to see if someone is operating within the law. No guns drawn. No SWAT teams. How feasible is it for Michigan law enforcers to start taking this type of approach to investigating the legality of the presence of marijuana in a home or business?

inspector Zarotney: As you stated in your question, California has had over a decade of experience with their law and I’m sure this has been a learning process for California law enforcement officers. Also, as I stated previously, every encounter is different. Each search, traffic stop, and chance encounter is different. I’m sure that in California, law enforcement does not handle every marihuana search warrant in the way portrayed in your question.

interview with The Michigan State Police By TMC Staff

rUMOr COnTrOL• 37,924 original and renewal applications received since April 6, 2009• 20,548 patient registrations issued• 8,905 caregiver registrations issued• 5,119 applications denied — most due to incomplete application or missing documentation

Applications are reviewed within 15 days of receipt. Incomplete applications are denied and applicants are then notified of denial by certified and regular mail.

Complete applications, change forms and reapplications for previous denials are then processed in the date order in which they are received. If a denial letter is not received, then the application is deemed valid. The statute currently allows for a copy of the application submitted to serve as a valid registry identification if the card is not issued within 20 days of its submission to the department. At this time, we are unable to issue valid registry identification cards within the statutory time frame with the resources available to us. We continue to review and revise our processing methods in order to more efficiently process and issue the valid registry cards.

The staff is diligently working to process the applications and is having difficulty responding to all the voicemails left on the Medical Marihuana Registry phone line. We appreciate your patience and ask that applicants refrain from calling to inquire about the status of the application unless your application was submitted four months prior.

Michigan Medical Marihauna PrograM

StatuS uPdate

(as of 6/25/2010)

This law doesn’t need too much interpretation

regarding transfers of marijuana between patients.

4July - September 2010 | The Midwest Cultivator |Cultivator News July - September 2010 | The Midwest Cultivator |

NATiONAl hEADliNES lOCAl hEADliNESMaine Petitions Seek to Legalize recreational and Medical Marijuana

Compiled by TMC Staff Compiled by TMC Staff

Royal Oak landlord Attempts To Avoid Foreclosure By Renting warehouse As Grow FacilityaUGUsTa–Two petitions circulated by

Maine Vocals seek to expand and improve existing medical marijuana laws in one petition and to legalize pot outright in the other. The medical marijuana petition would repeal the Maine Medical Marijuana Act and replace it with a new law proposed by Maine Vocals, according to text of the proposal provided by the Secretary of State’s Office. Maine elections director Melissa Packard said Monday that her office approved the text of both of Maine Vocals’ petitions on April 30. The proposed medical marijuana law would make identification cards for medical marijuana users optional, which is a change from the current requirement that users have them. According to founder Don Christen, the requirement infringes on privacy rights, causing people to opt out of legally using medical marijuana. It would make marijuana legal for anyone

with a “condition for which marijuana may provide relief” without a prescription from a physician and increase the amount of marijuana a patient or provider can have from six plants and 2.5 usable ounces. The law would also require the state to establish marijuana dispensaries in every county, and each municipality with a population of more than 25,000 residents and to “establish an education campaign to inform the public on the medical uses of marijuana.” It also provides additional protection to doctors and patients.. The law would also require the state to establish marijuana dispensaries in every county and each municipality with a population of more than 25,000 residents and to “establish an education campaign to inform the public on the medical uses of marijuana.” This is all while providing additional protection to doctors and patients. Bangor Daily News (ME) 05/18/2010

in Royal oak, a warehouse owner wants to lease his space to medical marijuana businesses — not as one of the much debated dispensaries, but as a collective grow house for medical marijuana caregivers.

James B. Canner, managing partner of AFKF LLC, met with Royal Oak city officials in May to discuss his plan to avoid foreclosure on his 23,000 square-foot warehouse by leasing it to medical marijuana cultivators. Royal Oak had recently placed a moratorium on medical marijuana facilities while the City Commission works to draft an ordinance that would regulate or even ban dispensaries, but Canner is asking the city to consider an exception or zoning amendment. In a letter to city officials, Canner says, “I have attempted to lease or sell this property for over two years. I now have an opportunity to lease the facility and eliminate any risk of the property going into foreclosure. The moratorium obviously endangers this potential solution.”

He says he believes the city has an obligation to create modifications to their current zoning laws to allow for the multiple business opportunities, one of which would be the leasing of professional “Grow” rooms to licensed caregivers. He cites industrial properties as being ideal

locations for such services, as they are in less desirable areas usually fenced and gated. “But more importantly,” he asserts, “given the loss of manufacturing, million of square feet of industrial space will never be released. This is a perfect alternative use for these properties.

This facility would comply with all Michigan laws, it would have 24 hour security and the only visitors to this site would be the caregivers. No dispensary services will be performed from this facility.

For your consideration, we would recommend that in modifying the zoning laws, the city could also require an application fee for each caregiver and an annual license fee. Additionally, the city could require that a revenue tax be paid on all caregiver/patient services.”

If allowed and fully occupied, the warehouse could become the biggest marijuana facility in the state, Michigan Medical Marijuana Magazine publisher Rick Ferris told the Detroit Free Press.

Under Michigan law, caregivers are allowed to grow up to 12 plants each for up to five patients. But City Commissioner Chuck Semchena is concerned the warehouse “would produce so much more marijuana than the medical clients could use.”

The City Commission voted to hold an Aug. 9 hearing, at which it could decide whether to make an exception to its temporary moratorium on medical marijuana facilities.

sT. helena–In the face of strong public opposition, the St. Helena City Council voted 4-1 May 25 to abandon an ordinance that would have allowed up to two marijuana dispensaries in the industrial and service commercial zoning districts. Councilman Eric Sklar cast the only dissenting vote.

Although Sklar didn’t elaborate, when the council asked city staff to draft an ordinance in January he voiced strong support for dispensaries, saying medical marijuana helped relieve his late

father’s pain while he was battling cancer. More than half of the 25 people who addressed the council strongly opposed the ordinance. Opponents said that aside from being poorly regulated, dispensaries would send the wrong message to local teens, who already abuse alcohol and drugs at rates higher than state and national averages. Supporters of dispensaries told the council that having legal marijuana available locally would prevent patients from resorting to the black market. Napa Valley Register (CA) 05/30/2010

ST. heLena SaYS ‘nO’ TO MedICaL CannaBIS

aug 9 Meeting Set To Vote On exception To Moratorium.

July - September 2010 | The Midwest Cultivator | 5

OPiNiONSVeterans admin doctors Prohibited from discussing Medical Marijuana With returning Vets

The U.s. VeTeRans Administration (VA) recently adopted a policy prohibiting VA physicians from recommending medical marijuana to their patients, even if marijuana is the safest and most effective medicine to treat Post-Traumatic Stress Disorder (PTSD) and other service-related conditions.

No doubt the policy stems, in part, from the VA’s efforts to address the serious problem of drug abuse among returning veterans. Veterans’ advocates and organizations like the Drug Policy Alliance (DPA) certainly share this concern; last fall, DPA issued a report calling for immediate policy changes to improve veterans’ substance abuse and mental health treatment.

Yet seen from the larger perspective of helping veterans adjust to civilian life, the VA’s stance on medical marijuana is counterproductive and harmful. The ban means that—despite their service to our country—veterans who reside in the 14 states that have legalized medical marijuana are denied the same rights as every other resident of these states.

At minimum, the VA should be actively studying whether cannabis and its unique chemical ingredients can be used to reduce post-combat trauma without contributing to drug dependency. Ample research and anecdote strongly suggest this is the case.

Patient reports and published research indicate that marijuana can be a highly

effective treatment for PTSD, a condition afflicting nearly one in five veterans of the wars in Iraq and Afghanistan. And overwhelming scientific evidence has already proven marijuana’s safety and efficacy for treating conditions like chronic pain, which affects many combat-injured veterans.

Marijuana, moreover, carries none of the risks associated with prescription drugs used to treat PTSD, which have been implicated in the tragic overdose deaths of several current conflict veterans.

“I’ve run the gamut of different medications at the VA, and basically I was at my limit,” said decorated U.S. Army veteran Paul Culkin, a New Mexico medical marijuana patient who suffers from PTSD after serving in Iraq. “The medications were turning me into a zombie...medical cannabis made me a father and a husband again. It’s been a blessing.”

Disappointingly, however, it seems the VA’s policy is not just about preventing substance abuse among veterans. The VA claims the ban is primarily a response to threats from the Drug Enforcement Administration (DEA) to prosecute VA doctors for recommending medical

Patient reports and published research indicate that

marijuana can be a highly effective treatment for PTSD.

continued, pG. 12 see VETERANS

lOCAl BANS ARE A CONTiNuATiON OF FAilED PuBliC POliCy

despiTe widespRead voter approval of Michigan’s Medical Marihuana Act (MMMA), communities across the state are grappling with how to define its use and commerce.

As of July, media reports counted nine communities who have banned “dispensaries,” when in fact, the wording of the adopted zoning amendment effectively prohibits any “enterprises or purposes that are contrary to state, federal or local laws.”

These ordinances are encouraged, by the US Drug Enforcement Agency, a staunch opponent, across the board, to medical marijuana laws.

In May, the Associated Press published an investigative report, “The US Drug War has Met None of its Goals. “ Tony Newman, the Director of Media Relations at the Drug Policy Alliance says, “This is the hardest hitting indictment of the drug war yet, from the first sentence that says, ‘After 40 years, the United States’ war on drugs has cost $1 trillion and hundreds of thousands of lives, and for what? Drug use is rampant and violence even more brutal and widespread.’ They gathered up and put a price tag on the drug war.”

Using Freedom of Information Act requests, archival records, federal budgets

and dozens of interviews with leaders and analysts, the AP went back 40 years, to the beginning of the drug war, and tracked the money we’ve spent since the inception of drug prohibition. They found that the United States repeatedly increases budgets for programs that do little to stop the flow of drugs. Even U.S. drug czar Gil Kerlikowske concedes the strategy hasn’t worked. “In the grand scheme, it has not been successful. Forty years later, the concern about drugs and drug problems is, if anything, magnified, intensified.”

Americans For Safe Access has also produced a study titled, “Medical Cannabis Dispensing Collectives And Local Regulation. ” The study focuses on California communities that have dispensary ordinances to guide policy makers when tackling dispensary regulations in their communities, rather than outright bans on medical marijuana businesses. The result is that those communities reduce crime as opposed to increasing crime, foster better neighborhood relations and improve business in the community.

The report goes so far as to say that creating dispensary regulations combats crime because dispensary security reduces crime in the vicinity, decreases street sales, and vigilant patients and operators report criminal activity to police.

The drug war is a failed public policy. We urge individuals, communities and legislators to examine all facts and research, to be bold when discussing this issue. The cost of marijuana prohibition is too great to society in terms of human lives, public safety and tax dollars.

And in Michigan, it also dishonors the will of the voters.

By Charmie Gholson

By Bob Kerrey and Jason Flom

The cost of marijuana prohibition is too great

to society in terms of human lives, public safety

and tax dollars.

35 Years Experience

Ranging in Set Up Assistance to Full Turnkey Grow Rooms

Legal Medical Marijuana Inquiries Only Please

616-822-1822 | 8am-5pm

Grow roomD e s i g n

6July - September 2010 | The Midwest Cultivator |Cultivator Business July - September 2010 | The Midwest Cultivator |

washinGTon, dC — Fifteen Members of Congress sent a letter Friday to Treasury Secretary Timothy Geithner urging him to issue “written guidance for financial institutions,” which would commit the Department to not targeting those institutions whose account holders are in compliance with state medical marijuana laws. The patient advocate group Americans for Safe Access (ASA) has received dozens of reports over the past couple of years from medical marijuana providers in California, Colorado and other states who have either been denied financial services or had their

existing bank accounts terminated with little-to-no justification.

“It seems clear that legitimate state-legal businesses are being denied access to banking services, which does not serve the public interest,” stated the letter authored by Colorado Congressman Jared Polis (D-CO), who ASA has been working with to bring this issue to the attention of Treasury. The Congressional letter, which was co-signed by Representatives from Arizona, California, Massachusetts, New Jersey, New York, Tennessee, Texas, and Wisconsin, asserted that the denial of financial services produces “an increased risk to public safety with potential theft or robbery that any cash-only or cash-reliant business faces,” and is “an affront to fundamental fairness.”

Some federal prosecutions of medical marijuana cases have included the charge of “money laundering,” which according to the government simply means depositing proceeds from a dispensary into a bank account. However, multiple states now expect medical marijuana dispensaries (and by extension, patients) to pay sales tax. “While financial institutions may have valid concerns,” said ASA Government Affairs Director Caren Woodson. “The risk to banks is minimal, whereas their refusal to work with state-compliant medical marijuana providers jeopardizes countless people and delegitimizes lawful businesses.”

ASA has received reports over the past two years that financial institutions such as Bank of America, US Bank, Wells Fargo and Chase have either refused to work with medical marijuana suppliers altogether or more specifically refused to provide credit card transaction services. Gary Kishner, a spokesperson for Chase, told Boulder Weekly that Chase refuses to do business with dispensaries due to “financial operational and compliance risk,” but Kishner was unable to explain what that meant. ASA estimates that this widespread financial obstruction has directly impacted hundreds of dispensaries in multiple states.

In October 2009, the Justice Department issued its own guidance on enforcement of marijuana laws in medical marijuana states. However, this shift in policy has appeared insufficient for quelling fears in the banking industry. “Americans for Safe Access is working with Congress to obtain a Treasury policy similar to that of the DOJ,” continued Woodson. “We appreciate the leadership of Representative Polis and others as we attempt to remove federal obstacles from the implementation of safe access to medical marijuana at the local and state levels.”

Congress Tries to Stop denial of Banking Services to Medical Marijuana Providersfifteen Members Send letter to Secretary Geithner By Americans for Safe Access

LA Times

CalifoRnia - Workers at three medical marijuana businesses in Oakland announced late May that they have unionized, another step in a concerted campaign aimed at bringing legitimacy to a once-hidden sector of the state’s economy and boosting the marijuana-legalization initiative. Union representatives and the business owners believe it is the first time that workers in the nation’s growing medical marijuana industry have joined a union.

“They want the community to understand them as decent, hard-working people,” said Dan Rush, who oversees special operations for the United Food and Commercial Workers Union, Local 5.

The numbers are small, Rush concedes — about 100 new members. But he believes the potential for new jobs — and union members — is enormous.

Rush, who lives in Oakland, saw marijuana businesses helping to revive a sketchy area not far from his home. He studied the legalization initiative on the November ballot. And he concluded that his union ought to tap the emerging industry and push to expand it.

He worked to persuade the employees that the union could help advance their cause. The businesses include the firm owned by Richard Lee, who is sponsoring the initiative. Lee runs a handful of operations, including a dispensary and Oaksterdam University, which teaches classes about marijuana.

Lee has staked the success of his initiative on persuading voters that the drug ought to be regulated and taxed like any business, and he thinks the successful union drive bolsters this argument.

Workers at Three Medical Marijuana Businesses In Oakland Unionize

7July - September 2010 | The Midwest Cultivator |Legal Landscape

TheRe has been a tremendous amount of confusion regarding marijuana dispensaries since passage of the Michigan Medical Marihuana Act. Many of the other medical marijuana states allow medical marijuana to be transferred from caregiver to patient by means of a third party dispensary, thus a California or Colorado patient can obtain their medicine from a central dispensary instead of receiving it directly from their caregiver. The dispensary operates as marijuana “drugstore.”

Recently, numerous Michigan cities have passed local ordinances to prohibit medical marijuana dispensaries or place limitations of where when and how a caregiver can cultivate. The discussion

suggests that dispensaries must be allowed by the Medical Marijuana Act, otherwise these cities and townships would not pass laws to regulate them. However, simply because city councils and the news media use the term marijuana “dispensaries,” it means nothing.

The michigan medical marijuana act does not allow California style dispensaries.

The Michigan Medical Marihuana Act does not allow or disallow marijuana dispensaries. The Act is remarkably silent on this issue. The stated purpose of the Michigan Medical Marijuana Act is to allow access to marijuana for patients that meet specific health criteria, by providing protection from criminal prosecution under state law.

The Marijuana Act allows a certified patient to designate one caregiver to grow marijuana for them; a caregiver can have

continued, pG. 13 see DISpENSARIES

Medical Marijuana dispensaries In Michigan

aCLU files Lawsuit against Wal-Mart for Wrongful firing of Medical Marijuana Patient

BaTTle CReek, mi – The American Civil Liberties Union and ACLU of Michigan, in partnership with the law firm of Daniel W. Grow, PLLC, filed a lawsuit June 29, 2010 against Wal-Mart Stores, Inc. and the manager of its Battle Creek store for wrongfully firing an employee for using medicinal marijuana in accordance with state law to treat the painful symptoms of an inoperable brain tumor and cancer.

The lawsuit charges that Joseph Casias, 30, the Battle Creek Wal-Mart’s 2008 Associate of the Year, was fired from his

job at the store after testing positive for marijuana, despite being legally registered to use the drug under Michigan’s medical marijuana law. In accordance with state law, Casias never ingested marijuana while at work and never worked while under the influence of marijuana.

“Medical marijuana has had a life-changing positive effect for Joseph, but Wal-Mart made him pay a stiff and unfair price for his medicine,” said Scott Michelman, staff attorney with the ACLU. “No patient should be forced to choose between adequate pain relief and gainful employment, and no employer should be

allowed to intrude upon private medical choices made by employees in consultation with their doctors.”

Casias has suffered for more than a decade from sinus cancer and a brain tumor in the back of his head and neck that was the size of a softball when it was first diagnosed. His condition has forced him to endure extensive treatment and chemotherapy, interferes with his ability to speak and is a source of severe and constant pain. Nonetheless, he had been successfully employed for more than five years by Wal-Mart in Battle Creek, where he began as an entry-level grocery stocker in 2004 and worked his way up to inventory control manager.

“For some people, working at Wal-Mart is just a job, but for me, it was a way of life,” said Joseph. “I came to Wal-Mart for a better opportunity for my family and I worked hard and proved myself. I just want the opportunity to continue my work.”

ACLU of Michigan, June 29, 2010

By Bruce Alan Block, PLC

Home of the precedent-setting lawsuit.The dispensary counter at Harborside Health Center in Oakland, California.In accordance with state

law, Casias never ingested marijuana while at work and

never worked while under the influence of marijuana.

8July - September 2010 | The Midwest Cultivator |Cultivator’s Garden July - September 2010 | The Midwest Cultivator |

CaRBon dioxide (CO2) is a gas which comprises about 0.038% or 380 parts per million (PPM) of the earth’s atmosphere.

CO2 is one of the two raw materials required for plant photosynthesis. (Water is the other.)

Cannabis uses CO2 only in the presence of light. Photosynthesis occurs immediately after the plant receives light. The plant starts mining CO2 from the air by opening its stomata, tiny organs found on the leaf surface, primarily on the underside. They function much like pores in the skin. They regulate the absorption of water and the gasses O2 and CO2 into the plant, as well as the output of water and O2 from the plant.

Once CO2 is absorbed into the plant, it is directed to the chloroplasts—the plant organelles that contain light-absorbing chlorophylls—where photosynthesis takes place.

Photosynthesis consists of a complex series of reactions in which light energy is used to convert carbon dioxide and water to sugar, releasing oxygen as a byproduct.

The amount of CO2 in the air has a profound effect on the rate of photosynthesis and plant growth. Photosynthesis speeds up as the amount of CO2 in the air increases, as long as there is enough light to power it. Conversely, as the CO2 content of the air falls, photosynthesis slows to a crawl and virtually stops at a CO2 concentration of around 200 PPM, no matter what the other conditions.

Lacking CO2, plants continue respiration and growth for a short time, until their sugars are used up; then they slow down their metabolism to conserve energy. Only when more CO2 is available can the plant processes continue.

Outdoors, breezes and the exchange of gasses in the air constantly replace the CO2

that plants consume. This provides enough CO2 for vigorous growth, and outdoor growers rarely think of the gas as a limiting factor, even though growth of some plants, including cannabis, is not maximized in the Earth’s present atmosphere. In fact, the 380 PPM of CO2 found in earth’s atmosphere is on the low end of the continuum of most plants’ ability to use it as fuel for photosynthesis.

Outdoor plants growing in the bright light of summer grow heavier and faster when supplemented with CO2. Raising the level of CO2 up to 0.15% (1500 PPM), or a little more than four times the amount usually found in the atmosphere, increases plant growth rate significantly. Enhancing growth outdoors using increased CO2 is discussed in the supplementation section.

When plants are growing in an enclosed area, there is a limited amount of CO2 for them to use. Under bright lights, CO2 is used up quickly. Enclosed gardens with no ventilation are also rapidly depleted to the point where the

photosynthesis rate slows to a virtual stop (200 PPM). Only when more CO2 is added to the mix will photosynthesis resume.

A closed closet or other small gardening space can be recharged with CO2 simply by opening the door or curtain to let in fresh air. This increases the CO2 content of the closet passively, as air naturally equalizes the concentrations of oxygen (O2) and CO2 inside and outside the growing space, exchanging the higher O2 levels with CO2. Adding a small fan expedites the air exchange.

The rate of photosynthesis has the greatest increase as the CO2 level climbs from 0-200. Under low-light conditions (150mols or 1150f) (12,330 LUX), the rate of photosynthesis increases as CO2 rises to 400 PPM. Increasing the CO2 concentration beyond that without increasing light intensity does not result in a higher rate of photosynthesis. The plant cannot take advantage of higher CO2 levels until the light intensity increases.

At a light intensity of 600 mol (4600fc)(49,310 LUX), the photosynthesis rate increases more as CO2 concentrations are increased to 400 PPM. The rate of increase declines a bit after that, but the photosynthesis rate continues to increase as CO2 levels reach 600PPM. Above 600 PPM of CO2, the photosynthesis rate continues to climb but at an even slower rate, until the rate increase levels off at about 1200 PPM.

By increasing the light intensity, you encourage your plants to absorb even more CO2 increasing growth and yield. When the plants receive between 4500-5500fc (58,960 LUX) of light, they can utilize between 1200-1300 PPM of CO2. While very few gardens are supplied with more than 7500fc (80,400 LUX) of light, at that intensity the plants can use up to 1500 PPM of CO2, the enrichment rate recommended by some manufacturers.

You can supply CO2 to your plants easily and cheaply. The most convenient way to do this is by using a meter, regulator, and tank kit. There are other ways, too. Instead of using a tank, you can use a meter that regulates a CO2 generator that burns propane or natural gas. You can also use metabolic and chemical processes to

produce CO2, or obtain dry ice, which sheds CO2as it evaporates.

what’s So important About Carbon Dioxide?

which is The Right Choice For your hiD horticulture Application?

Photosynthesis in Brief

By Ed Rosenthal

CO2 tank in the garden.

a s the amount (the intensity) of light increases, plants can utilize the extra

energy fully only when the concentration of CO2 in the air also increases. However, as light intensity and CO2 concentrations increase, the plant’s metabolic rate is regulated by temperature. In this chart the light and CO2 levels are held constant. Photosynthesis and metabolism increase with the temperature. As the temperature rises from 50 to about 90 degrees (1-32º C) at the leaf surface, photosynthesis increases by a factor of 4. From 70 to about 90 degrees (21-32º C), it increases by a factor of about 2.5. Temperature is measured at the leaf surface rather than ambient air temperature.

P lants gather the energy from light using chlorophyll located

in the leaves. Stomata, small pore like openings found mostly on the underside of leaves, intake CO2 and release oxygen. At the same time roots absorb water and nutrients from the planting media. The stored energy is used to split water molecules, H2O. The oxygen (O2) is released as gas. The hydrogen atoms combine with water to make starch, which is converted to sugars. The entire process is called photosynthesis. The sugar is used to fuel metabolism and as a building block for amino acids, which are turned into proteins used for growth.

As light intensity and temperature increase, plants use more CO2 and photosynthesize faster with higher concentrations in the air.

CO2 UPTaKe aS TeMPeraTUre AND liGhT iNTENSiTy iNCREASES

effeCT Of TeMPeraTUre On PhOTOSyNThESiS

The plant cannot take advantage of higher

CO2 levels until the light intensity increases.

Co2 BoosT Uses bacteria to produce CO2 as they digest organic matter. It must be recharged with new food periodically. An inexpensive source of CO2 for a small garden.

8 “CO2 enrichment is like chocolate cake for your plants… do not give it to them all the time!”

8 “Your plant can overdose on CO2 !”

8 “All you need is good ventilation… extra CO2 will not help.”

8 “Plants need fresh air, keeping them in a closed system is imprisonment!”

8 “The only time plants need CO2 is when other conditions aren’t right.”

8 “Plants grow immune to CO2 !”

COMMON MYTHS:

9July - September 2010 | The Midwest Cultivator |Cultivator Healtheffect of Medical Marijuana on Crohn’s disease

CRohn’s disease is a severe intestinal disorder typified by sluggish digestion that can lead to total failure of GI reflexes. Intestinal bleeding can occur, and in many cases large sections of the intestines are removed in later stages. While cortisone (a steroid) and other noxious drugs may provide symptomatic relief in short-term therapy, there is no known cure for the disease and there is no pleasant prognosis in long-term treatment. Cannabis is found helpful in the management of Crohn’s disease, not only as it is known to induce a healthy appetite through the endocannabinoid system, but more importantly, by reducing the swelling of irritated tissues. –CannibusMD.net

“[Crohn’s] patients described marked improvements with the use of cannabis.

Beneficial effects were reported for appetite, pain, nausea, vomiting, fatigue, activity, and depression. Patients also reported that cannabis use resulted in weight gain, fewer stools per day and fewer flare-ups of less severity…

Cannabis-using Crohn’s patients not only report significant relief of their symptoms, they are also able to reduce the amount of immunosuppressive medications that have been a mainstay of conventional treatment…

Crohn’s disease is so debilitating and life-threatening and so difficult to manage with conventional medications it is very encouraging to find that cannabis is proving to be an effective treatment for it right now.”

Autumn 2005. O’Shaughnessy’s published study entitled “Cannabis Alleviates Symptoms of Crohn’s Disease.”

“The major active constitutent of the plant Cannabis sativa (marijuana), THC, and a variety of natural and synthetic cannabinoids have been shown to possess… anti-inflammatory activities…

Results indicate that the endogenous cannabinoid system represents a promising therapeutic target for the treatment of intestinal disease conditions characterized by excessive inflammatory responses.”

April, 2004. The Journal of Clinical Investigation article by F. Massa et.al. from the Max Planck Institute of Psychiatry in Munich, entitled “The Endogenous Cannabinoid System Protects Against Colonic Inflammation.”

“Cannabinoid receptor agonists delay gastric emptying in humans as well as in rodents, and they may also inhibit human gastric acid secretion. It is also worth noting that there have been a number of anecdotal accounts of the effective use of cannabis in the past against dysentery and cholera.”

June 2001. Gut, a peer-reviewed medical journal, in a review entitled “Cannabinoids and the Gastrointestinal Tract.”

The pRimaRy difference between “smoking” and “vaporizing” cannabis is basically the temperature setting at which the plant material combusts. All methods of smoking cannabis involve using a flame to ignite and combust the plant material, which releases the active components. Unfortunately, smoking also releases many toxic compounds dangerous to the body. There are many studies showing that combustion releases carbon monoxide, aromatic hydrocarbons (tars) and hundreds of chemicals, many of them carcinogenic (cancer causing).

Vaporization is technically a volatile process in which the essential aromatic and therapeutic compounds are released at just the right temperature, (approximately 230-360 F) for them to “boil off” into a vapor.

This technique is superior from a health standpoint because the patient receives the active compounds (medicine) without the toxic side effects. Vaporizing will provide the absolute purest effects possible.

In addition to its remarkable therapeutic effects, vaporizing leaves no smell in the air. You can use it discretely and privately. That telltale odor of weed hanging in the air is gone forever. It also doesn’t clog up your pipe with brown tar and grunge that is hard to clean.

Vaporizing also releases the full flavor of the aromatics so the taste becomes more complex, like a fine wine. Vaporizing gives the purest effects, provides remarkable flavor, doesn’t smell up the house, and makes clean up a breeze.

In the next issue, I will review and recommend some of the best vaporizers on the market.

Compiled by TMC Staff

Crohn’s patients report marked relief with use of cannabis.

Vaporizors can be used to consume medicine without the harmful effects asociated with smoking.

ThE TRuTh ABOuT vAPORiZiNGBy Dr. Vapor

| The Midwest Cultivator | July - September 201010

July - September 2010 | The Midwest Cultivator |

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Subject specific articles and opinion pieces should not exceed 750 words.

We prefer to receive a 250 word email pitch for all features and articles exceeding 750 words. Please limit the pitch to 250 words.

TMC retains full editorial control to edit and modify submissions, and we reserve our right to decline to print any submission at any time at our sole discretion.

This invitation is also extended to all state officials, law enforcement, clergy, and opposition groups.

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| The Midwest Cultivator | July - September 2010

11July - September 2010 | The Midwest Cultivator |Cultivator CooksGroovy Spaghetti

aliCe B. Toklas (April 30, 1877 – March 7, 1967) was the life partner of writer Gertrude Stein. They lived together in Paris, where they presided over a long-lived and famous artistic salon, with Ms. Toklas doing the cooking. Some believe that the slang term “toke” is derived from her last name, though it is more likely to originate in the Spanish verb tocar, meaning to touch or taste. This celebrated recipe was published in 1954, in The Alice B. Toklas Cook Book.

AliCE B. TOKlAS’S hAShiSh FuDGE(which anyone could whip up on a rainy day)

This is the food of Paradise—of Baudelaire’s Artificial Paradises: it might provide an entertaining refreshment for a Ladies’ Bridge Club or a chapter meeting of the DAR. In Morocco it is thought to be good for warding off the common cold in damp winter weather and is, indeed, more effective if taken with quantities of hot mint tea. Euphoria and brilliant storms of laughter; ecstatic reveries and extensions of one’s personality on several simultaneous planes are to be complacently expected. Almost

anything Saint Theresa did, you can do better if you can bear to be ravished by “un evanouisement reveille” (an evocative swoon).

Take 1 teaspoon black peppercorns, 1 whole nutmeg, 4 average sticks of cinnamon, 1 teaspoon coriander. These should all be pulverised in a mortar. About a handful each of stoned dates, dried figs, shelled almonds and peanuts: chop these and mix them together. A bunch of Cannabis sativa can be pulverised. This along with the spices should be dusted over the mixed fruit and nuts, kneaded together. About a cup of sugar dissolved in a big pat of butter. Rolled into a cake and

cut into pieces or made into balls about the size of a walnut, it should be eaten with care. Two pieces are quite sufficient.

Obtaining the Cannabis may present certain difficulties, but the variety known as Cannabis sativa grows as a common weed, often unrecognised, everywhere in Europe, Asia and parts of Africa; besides being cultivated as a crop for manufacture of rope. In the Americas, while often discouraged, its cousin, called Cannabis indica, has been observed even in city window boxes. It should be picked and dried as soon as it has gone to seed and while the plant is still green.

“CannaBUTTeR” is the common name for a butter infused with the beneficial cannabinoids contained in medical marijuana. Cannabutter is not hard to make and for those who ingest their medicine by eating it, cannabutter is much more palatable than the whole plant.

you will need:1 pound butter1 ounce marijuanalarge pot of waterstrainer or cheese clothPut a large pot of water on to boil. Add

a pound of butter. Bring the water-butter mixture to boil. The temperature will never go above 212° F — remember your high school science. This is warm enough to activate the cannabinoids but not so hot as to degrade them. You can boil this mixture all day long without fear, as long as you don’t let it boil dry.

As the water-butter mix gently simmers, stir in one ounce of medical marijuana. Allow the water-butter-medical marijuana mixture to continue to simmer at a gentle boil for two hours. Stir occasionally, washing any residues that accumulate on the sides of your kettle back into the liquid. You don’t have to hover over it, just check it occasionally and don’t let the pan boil dry.

After 2 hours, remove kettle from heat. The cannabinoids are now dissolved out of the plant material and into the butter. While still very hot, strain the mixture through a strainer, cheesecloth or a similar fine meshed filter. Set liquid aside.

To recover as much of the butter as possible, return the plant material to the

kettle and refill with water. Bring to boil. Stir briskly and then pour second batch of liquid through the filter. Add the resulting liquid to the first pot of filtered water. You may now discard the plant material; it no longer contains the beneficial cannabinoids.

Allow liquid to cool. As it does, the butter will float to the top and form a solid layer on top of the water. Once fully cooled and the butter has solidified it may be gently skimmed off. The butter will most likely be greenish in color.

Store your cannabutter in a closed container in your refrigerator. It must be kept refrigerated to keep it from going rancid.

To test the strength of your cannabutter, spread a half teaspoon on a cracker and try it out. It takes about an hour to reach its full effect. Be careful, it can sneak up on you. Do not attempt any complex, challenging or potentially dangerous tasks until you know how it will effect you.

Cannabutter may be substituted for regular butter in any recipe. It is especially good for making candy, cookies and brownies. The amount to use in any particular recipe comes down to a matter of learning from experience. The best approach is to start small and then use a steadily increasing amount in each subsequent recipe until you find the dosage that is most beneficial for relieving your particular complex of symptoms.

Fortunately, it is literally impossible to overdose on marijuana. However, we advise you label your edible medicines to avoid accidental ingestion by unwary persons or pets.

The same techniques, same principals, may be used to infuse any vegetable oil with cannabinoids. However, many people find butter the most convenient and versatile.

hOW TO MaKe CannaBUTTer

Cannabis-Infused Butter is Convenient And versatile By TMC Staff

6 oz. spaghetti noodles4 tbsp olive oil10 cloves garlic1 lb. tomatoes, chopped1/2 cup Cannabutter1/2 cup crumbled basil4 oz. grated cheesesalt and pepper to taste1 oz. arugula leaves1/2 cup black olives

diReCTions: Cook noodles according to directions until al dente. In a large fry pan add remaining ingredients. Cook on medium-low heat, stirring frequently, until tomatoes cook down. Add noodles to mixture. Mix well. Top with cheese and serve. Serves 2–4

Kim Zimmer, president of the Tri-City Compasion Club, submitted this recipe, saying “ It’s very popular with my group.”

As if butter wasn’t already awesome enough, this butter could make you feel better. Just don’t try to smoke it.

Challenge social norms like a French libertine with this easy-to-make fudge recipe.

Toklas, at right, with Stein and medicated poodle.

In Morocco it is thought to be good for warding off the

common cold in damp winter weather and is, indeed,

more effective if taken with quantities of hot mint tea.

AliCE B. TOKlAS’S hAShiSh FuDGE

| The Midwest Cultivator | July - September 201012 July - September 2010 | The Midwest Cultivator |

marijuana, or for completing forms necessary for their patients to enroll in a state medical marijuana program—even though to do so would not constitute a criminal offense. Civilian doctors recommending marijuana to their patients have not been arrested or threatened with arrest.

Veterans and advocates are now urging the VA to stand up to the DEA’s harassment of veterans and remove the apparent gag order on its doctors. Such advocates include Montel Williams, talk show host, medical marijuana patient, and veteran of the United States Marines Corps and Navy, who said: “I find it egregiously offensive that we can send our children off to die for our freedom, and then so callously turn our backs on their freedom when they return home.”

Research has proven the efficacy of medicinal marijuana in the treatment of PTSD. How dare we turn our backs on those who did not hesitate to put themselves in harms way to support and defend our constitution?”

As a result of the ban, veterans who would benefit from medical marijuana are forced to obtain medical advice about it from private doctors outside the VA system—at their own expense.

Of course, veterans in states without medical marijuana laws fare far worse. These veterans risk arrest for using marijuana to treat their combat injuries, joining the more than 800,000 Americans arrested annually for marijuana offenses. DPA’s report advocates for sensible policies to prevent the arrest and incarceration of veterans. Protecting veterans who use marijuana is an obvious starting point. In fact, other NATO countries not only allow their veterans to use medical marijuana, but actually reimburse them for it. Sadly, it appears U.S. troops will not come home to as enlightened or compassionate a country.

Our veterans must not be treated like lesser-citizens. They deserve to receive medical advice from their VA doctors, not the DEA. They deserve, above all, the freedom to choose the safest and most effective treatment for their conditions—whatever that treatment might be. Paul Culkin said it best: “It would be inconceivable to withhold weapons, equipment or training from our troops on the ground. Why are we denied access to a medication that might provide relief to us and our families when we come home?”

Bob Kerrey is President of the New School in New York City and former Senator from Nebraska. Jason Flom is on the Board of Directors of the Drug Policy Alliance and President of Lava Records.

from the garage. One of the rifles, however, was a present and heirloom. Boyke’s wife passed away at the age of 36 and the rifle had been a gift from her father. He says he pleaded with the department to return, “ just that rifle, but they told me, ‘your guns are gone.’”

“They didn’t give me a receipt,” he says. “I had to go down and get that myself.” The receipt is for storage and impound charges.

Michigan forfeiture laws require contesting property owners to file a claim with the county clerk within 20 days of a seizure, a copy of the claim with the prosecutor’s office, and pay a bond, ranging between $250 and $5,000, which is reimbursed if they appear in court. When Boyke learned this, and after reading in the paper that he had received legal advice prior to paying his “impound and storage” charges, he was furious. He hadn’t received legal advice. He drove to Franks’ office.

“Frank told me he didn’t tell the sheriff he was my lawyer,” Boyke says, “but Frank could have told me I had twenty days, the detectives could have told me, I would have disputed it, but they didn’t tell me shit. I don’t know those laws, I’m not a lawyer, and that lawyer never called me back.”

Saginaw County Sheriff’s Detective Sgt. Randy F. Pfau told the Saginaw times that no one forced Boyke to pay for the return of the items. Property owners “have every right to take it to a formal hearing with a judge,” Pfau said. “By coming in and paying that $5,000, he’s waiving that right.”

Saginaw County Sheriff William L. Federspiel says medical marijuana users are not his department’s targets. “I wish we could just say, ‘Hey, this guy’s got a card, don’t even bother with it,’ but unfortunately we don’t have that option,”

Federspiel told The Saginaw News. “So we follow through, because you know what, it’s still against the law, unless you have the medical marijuana card.”

But Boyke did have a medical marijuana and caregiver card, until police confiscated it during the raid.

Pfau also said it is department protocol for deputies to destroy or seize all marijuana-growing related items when they perform a search or seizure at a suspected grow operation.

Federspiel maintains the department’s investigation indicated Boyke was in violation of the law, illegally possessed marijuana and was thereby subject to forfeiture law. To date, however, Boyke has not been charged with any crime. According to Michigan state forfeiture laws, he may never be.

GUilTy UnTil pRoVen innoCenTMichigan’s civil asset forfeiture laws

are some of the most egregious in the country. In March 2010, The Institute for Justice released Policing for Profit: The Abuse of Civil Asset Forfeiture, the most comprehensive national study to examine the use and abuse of civil asset forfeiture, and the first study to grade the civil forfeiture laws in all 50 states and the federal government. Only three states receive a B or better. Michigan received the lowest score possible: D-.

Americans are supposed to be innocent until proven guilty, but civil forfeiture turns that principle on its head. With civil forfeiture, your property is guilty until you prove it innocent.

The report chronicles how state and federal laws leave innocent property owners vulnerable to forfeiture abuse. These laws encourage law enforcement to take property to boost their budgets. The report finds that by giving law enforcement a direct financial stake in forfeiture efforts, most state and federal laws encourage

vETERANScontinued from page 5

FORFEiTuREcontinued from page 1

policing for profit, not justice.In Michigan, law enforcement receives

all proceeds of civil forfeiture to enhance law enforcement efforts, creating an incentive to pursue forfeiture more vigorously than combating other criminal activity. The report says Michigan multi-jurisdictional task forces work extensively with district attorneys and police departments to forfeit property, resulting in more than $149 million in total forfeiture revenue from 2001 to 2008.

Americans accused of using drugs also have much to fear from informants, such as the “concerned citizen” that tipped police to Ed Boyke’s “illegal activity.” Asset forfeiture laws allow police to seize money and property from anyone merely accused of drug activity.

In 2007, Saginaw Sheriffs and Prosecutors reported earning $53,797 net proceeds from their multijurisdictional drug task forces, like the ones who raided Boyke.

2008 proceeds totaled $75,598.

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| The Midwest Cultivator | July - September 2010 July - September 2010 | The Midwest Cultivator | 13

are not a controlled substance, the court invalidated what was in effect a per se zero tolerance drugged driving law that allowed for people to be convicted of driving while impaired when they were not actually shown to be impaired.

“We hold that 11-carboxy-THC is not a schedule 1 controlled substance under MCL 333.7212 [controlled substances act] and, therefore, a person cannot be prosecuted under MCL 257.625(8) [drugged driving act] for operating a motor vehicle with any amount of 11-carboxy-THC in his or her system,” read the opinion.

The opinion, largely a demolition of the previous Supreme Court’s 2006 ruling in People v. Derror that marijuana metabolites are a controlled substance, thus allowing for drugged driving convictions based solely on their presence, noted that Michigan is now a medical marijuana state and that allowing Derror to stand would unfairly impact medical marijuana patients.

Under Derror, Justice Corrigan wrote

for the majority, “Individuals who use marijuana for medicinal purposes will be prohibited from driving long after the person is no longer impaired. Indeed, in this case, experts testified that, on average, the metabolite could remain in a person’s blood for 18 hours and in a person’s urine for up to 4 weeks.”

It’s not just about medical marijuana patients, the opinion suggested: “Thus, under Derror, an individual who only has 11-carboxy-THC in his or her system is prohibited from driving and, at the whim of police and prosecutors, can be criminally responsible for choosing to do so even if the person has a minuscule amount of the substance in his or her system. Therefore, the Derror majority’s interpretation of the statute defies practicable workability given its tremendous potential for arbitrary and discriminatory enforcement.”

It is neither fair nor just nor in the interest of public safety to charge people with drugged driving who aren’t impaired. Finally, there is a Michigan Supreme Court that recognizes this.

disagrees.“State and federal law preempts city

law,” says Krystal Crittendon, corporation counsel for the City.

Crittendon said that just because the initiative makes it on the ballot does not make it legal.

“It can be a properly passed ordinance and still be illegal. It’ll be subject to constitutional challenge,” Crittendon said. “If the people pass an illegal ordinance, it will be unenforceable.”

Crittendon says the language of the initiative that goes on the ballot is very important and it’s up to those who put it together to get the language right.

Beck says that Crittendon is wrong.“There will be a final public meeting

with the elections commission, where [City Clerk Janice] Winfrey, Corporation Counsel and [Council President Charles] Pugh and I will determine how the language appears,” Beck said.

“[If the initiative passes] Detroit police have a choice. They can do what voters say and enforce city law ... if they don’t want to follow [city law] they can charge under state law. Any [fines] would not be revenue for the city,” says Beck.

He believes that the DPD’s choice not to arrest medical marijuana users is indicative of what could happen if the new initiative for personal use passes.

“After medical marijuana passed in 2004 there were no arrests made in Detroit. In that case police chose to follow city law,” Beck said.

Beck is positive that the initiative will pass. According to his Web site, he believes Colorado and Washington are examples of the law working in favor of citizens.

“The cities of Denver [Colorado] and Seattle [Washington] recently made use or possession of small amounts of marijuana their lowest law enforcement priority.”

DETROiTERScontinued from page 1

DRiviNGcontinued from page 1

up to five qualified marijuana patients. Unlike other medical marijuana states, Michigan’s law does not specify if a patient can purchase medical marijuana from a dispensary and no mention is made of how the transfer from caregiver to patient should occur. Likewise, nothing in the Act allows nor prohibits a patient from buying their medicine from another patient or another caregiver.

does the mmma allow for any Type of dispensary?

Although the Michigan Medical Marijuana Act does not permit California type “Walgreen” dispensaries, it also does not prohibit dispensaries in general. A Michigan dispensary will function differently than one in California. If for example, a caregiver wants his grow location to be private, nothing in the Michigan Medical Marijuana Act prohibits him/her from dispensing medical marijuana to a patient from an alternate location.

Similarly, the Act does not prohibit caregivers and patients from banding together to grow medical marijuana from a shared location, thus reducing costs. Such an arrangement however, is rather problematic, as a violation by one of the co-op members

could potentially place the partnering cultivators in legal jeopardy. Each caregiver would be wise to clearly mark each plant with identifying information of the caregiver and the assigned patient. Also, a large grow operation could attract the attention of the federal government, which still considers marijuana a Schedule 1 drug.

The grow area must be inside an “enclosed locked facility.” What this means is less than clear. So long as the grow area is locked and secure, can it be located inside a greenhouse or a pole barn with a glass roof? What about in the middle of a field with chain link fencing and barbed wire? Only time will tell.

Caregivers could easily reduce costs by splitting rent and utilities at a central dispensary location, where each caregiver could dispense medical marijuana to his qualifying patients. There are presently several dispensaries that are doing this. Does a caregiver have to dispense to his patient or can another caregiver or patient dispense on his behalf? Again, in time, all will be revealed, either through the arrest and criminal justice system, or by clarifying language introduced either on the state or local level.

DiSPENSARiEScontinued from page 7

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Bay CiTy/saGinawHost: JohnContact: www.saginawcompassionclub.com

BenZie CoUnTyHost:Contact: www.benziecountycc.webs.com

BeRRien CoUnTyHost: ScottContact: berriencocompassionclub.ning.com

BiRminGhamHost: Tony & ChadContact: birminghamcompassion.blogspot.com

BRiGhTon aReaHost: Doug Orton Contact: brightoncompassion.ning.com

BaTTle CReekHost: Joe CainContact: [email protected]

CheBoyGan/noRTheRn miChiGanHost: Tracie KolhoffContact: [email protected]

diCkinson CoUnTyHost: ToddContact: [email protected]

downRiVeR aReaHost: BrianContact: [email protected]

faRminGTon hills aReaHost: JasonContact: [email protected]

mT. pleasanT aReaHost: BrandonContact: [email protected]

oRion aReaHost: JasonContact: [email protected]

oTTawa CoUnTy/holland aReaHost: Amy & PaulPhone: [email protected]

soUTh maComB/oaklandHost: Vincent & DuaneContact: [email protected]

soUThwesT miChiGanHost: GeoffreyContact: [email protected]

spiRiT of deTRoiTHost: Mary Jane & ChocolateContact: [email protected]

sT. ClaiR CoUnTyHost: EricContact: [email protected]

sT. ClaiR shoResHost: JudahContact: [email protected]

TRaVeRse CiTyHost: LeonardContact: [email protected]

TRi CiTy aReaHost: LeeContact: [email protected]

waTeRfoRd aReaHost: ToddContact: waterfordcompassion.ning.com

COMPaSSIOn CLUB hOSTS: If the information we have for your club is incorrect, or if your club does not appear on this list, please contact Hilary at (734)-652-1631 and promote your club here, FREE!

Genesee CoUnTyHost: JeremyContact: [email protected]

GRand TRaVeRse aReaHost: BrendonContact: [email protected]

haZel paRkHost: Jay & RichardContact: [email protected]

hiGhland aReaHost: JasonPhone: [email protected]

jaCkson aReaHost: RogerContact: [email protected]

kalamaZoo aReaHost: AaronContact: KalamazooCompassionClub.ning.com

keeGo haRBoR/CommeRCe Twp.Host: PaulContact: [email protected]

lapeeR CoUnTyHost: Dan & DesireeContact: [email protected]

lenawee CoUnTyHost: JimContact: [email protected]

maComB/oaklandHost: SteveContact: THC4U.com

midTown deTRoiTHost: MauriceContact: [email protected]

monRoe CoUnTyHost: MikeContact: [email protected]

monTRose aReaHost: ScottContact: [email protected]

Compassion Clubs

14July - September 2010 | The Midwest Cultivator |

July - September 2010 | The Midwest Cultivator |Cultivator EventsANNOuNCiNG ThE 1ST ANNuAl GREAT lAKES COMPaSSIOn CLUB MUSIC feSTIVaL

Coalition 4 Compassion Summer Socialhosted By Downriver Community Compassion Club

Three days of medical marijuana education, music, and friendship

festival Infodate:July 30th thru August 1st 2010

location: The Willow Ranch (Southwest Michigan)

Tickets: Tickets are $50 and include a 3 day, 2 night tent camping pass.Gates open at 10:00am on Friday.Facility needs to be vacated by noon on August 2.

website:www.glccmusicfest.com

The GReaT Lakes Compassion Club Music Fest is a three day event, created to educate people on the many benefits of medical marijuana. In addition to live music, we’ll have special speakers and experts under the big top tent. We hope you’ll join us for this great weekend on 43 beautiful acres in west Michigan full of fantastic music, delicious food, good friends, and an all-around great time.

Artists scheduled to appear include Echo’s of Pink Floyd, Howling Diablo’s Sleeper Cell, The Reefermen, Chef Chris, Great Divide, Sista Otis, Covert Operations, The Orbitsuns, Cowboy Messiah, John Sinclair, String of Ponies, Baghdad Scuba Review, Aktar Aktar, Bixy Lutz, Bricktown Station, Clay Adams Band, The Most Beautiful Losers, National Ghost, Shoe, Emily Rose, Uncle G Spot, Tone and Niche.

The event offers FREE tent camping to ticket holders. RV sites are limited so please RSVP. None of the campsites have running water or electricity. You can bring your grills, cook over the campfire, or choose from the food vendors that will be at the event. This event has handicap-accessible restrooms.

For those who prefer not to camp, there are many major hotel chains within 8 to 10 miles of the event center.

July 17th, 2010 • 12 – 6 p.m.Westcroft Gardens 21803 West River Road Grosse Ile, MI 48138 www.downrivercompassion.org$10.00 in advance $15.00 at the gateMust be 18 (or accompanied by an adult)Tix aVailaBle aT: Urban Garden – Detroit, MI (313) 898-0200MMMCC Clinic – Southfield, MI (248) 932- 6400Hydro Grow – Taylor, MI (313) 633-0641Puff Danny’s – Ypsilanti, MI (734) 480-1422Pig Roast Potluck-Bring a dish to pass for no less than 10 people.Live Music-DJ and local bandsCompassion clubs, MMJ clinics, hydro stores, head shops, glass blowers and artisans from FIVE counties!Raffles and Prizes-Win a complete grow system! Private area for patients.“The Willow Ranch sits

on 43 beautiful acres in

Southwestern Michigan.” mediCal maRijUana inC & Holistic Health Educational Center are excited to host the upcoming 1st International Holistic Health & Cannabis Wellness Convention 2010. Halloween Harmony & Harvest Festival Medical Marijuana Holistic Health and Wellness Expo in October of 2010 At The Pontiac Silverdome. We are currently seeking vendors, exhibitors, health and specialty food vendors and sponsors for this very high-profile event. Mark October 29–31, 2010 on your calendar! www.harmonyharvestfest.com

1st international holistic health & Cannabis wellness Convention 2010

July - September 2010 | The Midwest Cultivator | 15