Federal-State Conflict Over Medical Marijuana Increases Pain

KOMORN LAW

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Since 1993

By Michael Komorn

Last week, I came across a story in the Huffington Postthat detailed the suffering of two patients who got caught up in the conflict between State and Federal guidelines on Medical Marijuana. The story of the two patients profiled in the piece were all too familiar to me, and anyone who has followed the evolution of Michigan’s Medical Marijuana Act. A young man who was injured in the line of duty, ironically on a drug war mission in Latin American, was raided by federal agents after they learned that he was cultivating marijuana (legally under California State Law) for himself and other patients. He was prescribed morphine and other strong opiates to treat the chronic pain he experienced after over 15 failed spinal surgeries, but never had to increase his dosage because of his use of medical cannabis. When he learned that if convicted, he would not be able to use his current medications, the prospect of a life of pain and suffering behind bars led him to flee to Canada to seek asylum under their federal policy toward medical marijuana. Ultimately, he was arrested by Canadian law enforcement and handed over to US Marshals who then transported him from the hospital, catheter still attached, and transported him to jail, where he was offered little more than ibuprofen to treat his pain. During his stay in jail, he experienced withdrawal symptoms as those who have been taking morphine for 16 years would expect after being cut off cold turkey. He complained of back, urinary and prostate pain, and spoke to his attorney through grimaces behind the pale screen separating him from the outside world. He spent almost a week in jail without medication until he was finally released on bond and was able to resume his normal pain treatment regimen. In Michigan, hundreds of stories similar to this have taken place or are currently unfolding. I have represented clients suffering from cancer and other life threatening illnesses who find themselves fighting for their freedom in court, when they should be putting all their energy into fighting their illness. The people of Michigan did not pass the Medical Marijuana Act to make it easier for law enforcement to put more people in jail, they passed it so that people looking for the best treatment for their debilitating illness would be safe to pursue any option their doctor recommended. People seeking treatment in hospitals have been denied and told to go to alcoholics anonymous because of the THC found in their blood. When over 50% of Americans support legalizing cannabis and we still have people being jailed and denied care at our hospitals, can we safely say that the United States is a model for Democracy across the globe?

Michael Komorn-Criminal Defense Attorney

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