“After a careful review of the Medical Marihuana Act… the make-up of the current Medical Marihuana Review Panel does not meet the administrative rule requirements…”
By Michael Komorn
After spending close to four years to convene the Medical Marihuana Review Panel, it has been dissolved by the Agency who created it. Why you ask? They failed to follow Michigan Law when creating the panel…
“After a careful review of the Medical Marihuana Act… the make-up of the current Medical Marihuana Review Panel does not meet the administrative rule requirements… As a result, the Department of Licensing and Regulatory Affairs will be appointing a new panel that complies with the law. No further meeting of the review panel will be held until the new panel is appointed,” said the government in a private communication sent to a select few individuals.
(Related: Medical Marijuana Advocates Protest In Berkeley and Launch Peace for Patients Campaign)
The Panel’s deconstruction was revealed in a letter sent to Panel participants on April 29, 2013 as was recently obtained by The Compassion Chronicles.
Medical marijuana patients who participated in the sessions of the Panel were not notified and may still be under the false pretenses that the LARA’s promises were stil going to be honored.
(Related: Cannabis Defense Day)
The issue with the Panel is the composition of the membership. Per the LARA letter:
“R 333.131 requires the review panel to include not more than 15 members and must include the Michigan chief medical executive and seven members of the Advisory Committee on Pain and Symptom Management. These seven members must include four licensed physicians and three non-physicians… As a result, the Department of Licensing and Regulatory Affairs will be appointing a new panel that complies with the law.”
Not only are the physicians and other participants in the previous Panel asked to reapply for membership in the new Panel, but LARA also has a new director, Steve Arwood. Former head of the Medical Marihuana Program, Celeste Clarkston, retired less than three weeks ago – around the same time Panel members were notified.
The inability to assemble a correct Panel is a colossal embarrassment to the State Government.
“Why has it taken LARA so long to put the panel together? Celeste Clarkson, who heads up the state’s medical marijuana program, told The Huffington Post the agency had to finalize the language for petition forms and do the legwork necessary to assemble a fair and balanced panel. She also noted that for a time, the state lacked a chief medical officer.”
The Department of Licensing and Regulatory Affairs is responsible for administering the Michigan Medical Marihuana Act. Contained within the language of the 2008 Act is a requirement that new conditions be reviewed and added to the list of illnesses that could qualify a Michigan citizen for the medical use of marijuana. The Michigan Medical Marijuana Act requires that the panel meet no more than six months after a petition to add a new ailment has been received by the department responsible for running the program.
(Related: Medical marijuana groups urge Michigan lawmakers to protect patient rights)
The Medical Marihuana Act was previously was administered by the Department of Community Health but Gov. Snyder shifted those responsibilities to the Department of Licensing and Regulatory Affairs shortly after taking office. Activists have submit petitions to have conditions like Post-Traumatic Stress Disorder added to the list of qualifying conditions since 2009, when the administrative rules were made public.
Since the Panel met in 2012 they have determined that both PTSD and Parkinson’s Disease should be added to the list of qualifying conditions. They had already announced the next two illnesses to be considered: autism and asthma..
View the complete letter:
LARA eliminates new conditions panel
If you or someone you know is facing charges as a result of Medical Marijuana prescribed to you as a Medical Marijuana patient under the Michigan Medical Marijuana Act, contact Komorn Law and ensure your rights are protected.
Michael Komorn is recognized as a leading expert on the Michigan Medical Marihuana Act. He is the President of theMichigan Medical Marijuana Association (MMMA), a nonprofit patient advocacy group with over 26,000 members, which advocates for medical marijuana patients, and caregiver rights. Michael is also the host of Planet Green Trees Radio, a marijuana reform based show, which is broadcast every Thursday night 8-10 pm EST. Follow Komorn on Twitter.
Read more: http://www.thecompassionchronicles.com/2013/05/13/michigan-admits-major-error-dissolves-new-marijuana-conditions-panel/
