Staff Report | Editorial

Proceed with caution

As Michigan’s medicinal marijuana law goes into effect, ambiguity still surrounds some aspects of its enforcement.

Michigan officials, in the legislature and elsewhere, should work intently to clear up some technicalities within the law.

And law enforcement officials, especially county prosecutors, should err on the side of leniency rather than draconian enforcement.

The main problem with the current law, of course, is that it provides no serious provisions for the supply of seeds. There are provisions limiting the quantity of marijuana that a grower or user can have, but there is no mention of seeds.

This leaves open one huge question: Where can growers legally acquire seeds? So long as the Michigan law still permits officials to prosecute seed suppliers – even those who provide only for legitimate growers – the entire system is structurally flawed.

The plan for user ID cards is strong; obviously some people still might slip through the cracks, and the fee is an inconvenience, but the plan provides reasonable regulation.

Michigan officials should consider putting in place a similar ID requirement for seed providers, or at minimum devise some alternate scheme under which seeds could be provided legally.

Right now the law jeopardizes individuals who are needed for medicinal marijuana to be distributed. This undermines the entire point of the proposal, and it does not honor the decision of Michigan voters. It cannot remain an open question.

Law enforcement officials around Mount Pleasant have the right idea about the new law’s enforcement. Isabella County Prosecutor Larry Burdick indicated that prosecution likely would be determined on a case-by-case basis.

Given the uncertainty surrounding the law, this is an appropriate stance. More than that, however, cases should be evaluated on a case-by-case basis under standards that are more lenient than strict.

Considering that not even law enforcement is sure how to approach this law, it is unreasonable to expect medicinal marijuana users and growers – and seed providers, too – to have thorough, infallible knowledge of the letter of the law.

Obvious violations should be punished. But smaller, technical infractions should warrant only a warning or small fine at this point.

As the law’s implementation becomes clearer to both law enforcement and citizens, more rigorous policies can be put in place. For now, however, prosecutors and officers should proceed with caution.

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