BY JAKE NEHER
Michigan Public Radio Network
State lawmakers are considering a bill that would allow suspicion-based drug testing as a condition of welfare in Michigan. People on cash assistance could lose their benefits if they test positive for an illegal substance.
As Michigan Public Radio's Jake Neher tells us, it's not clear how the bill would affect medical marijuana patients.
Jamie Lowell runs the Third Coast Compassion Center in Ypsilanti. He opened it as a medical marijuana dispensary in 2009.
Lowell said Third Coast is less of a dispensary these days and more of a resource center for medical marijuana patients. That's because the courts have put limits on what these kinds of facilities can do.
But he said he still has regular visitors, and many of them are on cash assistance. Lowell said they're worried about whether their use of medical marijuana will put them at risk of losing those benefits.
"We have elderly people and very young people who rely on this assistance. And it becomes a very tough choice, particularly when this is the type of medicine or herbal remedy that has proven to be successful for them," Lowell said.
And Lowell said it's the only affordable treatment for many of those people.
The question is whether medical marijuana would be considered an illegal substance under the legislation in Lansing. If so, it would mean state-certified medical pot patients could lose their welfare if they test positive on a drug test.
Republican state Representative Jeff Farrington sponsored the bill. He said it was not his intent to put medical marijuana patients in that position.
"It's something that I'm quite honestly not proud of. In fact, my intent was quite the opposite," Farrington said.
Welfare cash assistance is administered by the state, but it's funded with federal money. That's a problem because possession and use of marijuana for any reason is illegal under federal law.
Farrington said that's why he chose not to add an exemption for medical pot in the bill.
"I'm getting answers from different groups, some saying that that'll be fine since it's a legal substance in Michigan, other people saying that it won't be fine because it's not covered at a federal level," Farrington said.
House Democrats tried multiple times to add an exemption for medical marijuana. Even though they weren't successful, many voted for the bill anyway.
House Democratic Leader Tim Greimel argues federal law shouldn't matter in this case.
"I think that, given that we're talking about Michigan law here, we're passing it as a Michigan law, and under Michigan law medical marijuana is not illegal," Greimel said.
But it's not at all clear that medical marijuana patients would be exempt from the drug testing requirement. The state Department of Human Services would be responsible for administering the program. It said there are conflicting opinions within the department about the issue.
Critics of the legislation said the people of Michigan voted to legalize medical marijuana, and they want state lawmakers to protect the people who benefit from that decision.
Back in Ypsilanti, Third Coast Compassion Center founder Jamie Lowell isn't buying the idea that state lawmakers are afraid to do something contrary to federal policy.
He said they often fight Washington on issues like healthcare and gun rights.
"They seem to speak out against those pretty heavily, but not necessarily stand up as much for this issue. But this issue is as much of a states' rights issue as anything," Lowell said.
One thing everyone agrees on is that there will be lawsuits if the drug testing program becomes law. And how the law treats medical marijuana users would be just one of many issues judges will be asked to decide.
Copyright 2013, MPRN