Pubdate: Tue, 21 Sep 2010
Source: Daily Tribune, The (Royal Oak, MI)
Copyright: 2010 The Daily Tribune
Contact:  http://www.dailytribune.com/
Details: http://www.mapinc.org/media/1579
Author: Catherine Kavanaugh, Daily Tribune Staff Writer
Cited: Commissioner Semchena http://mapinc.org/url/ksalRaoG
Cited: City Commissioners 
http://www.ci.royal-oak.mi.us/portal/departments/city-commission/
Bookmark: http://www.mapinc.org/topic/Royal+Oak
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)

ROYAL OAK CLOSER TO BAN ON MEDICAL MARIJUANA

ROYAL OAK - The city postponed a hearing for a woman who wanted to 
open a medical marijuana dispensary before Royal Oak's moratorium on 
such facilities expires next month.

While Angela Toma waited to talk about her proposed business, Mary 
Jane's Flowers, 306 S. Main St., the City Commission voted 4-3 to 
move toward banning medical marijuana under federal law.

"We'll see where it goes," Toma's attorney, J. Dallo, told the commission.

Although Michigan and 13 other states legalized medical marijuana use 
for qualified patients, growing, selling and possessing marijuana 
still violates federal law. Royal Oak took a step toward joining 
about a dozen Michigan cities that have amended local ordinances to 
prohibit land uses that violate federal law.

If the zoning change gets a second approval at the commission's Oct. 
4 meeting, the city's medical marijuana ban will go into effect Oct. 
14, which is two days before the 180-day moratorium expires.

"Because the possession and use of marijuana is illegal under federal 
law, that will make the possession and use of marijuana - even 
medical marijuana - a violation of the city zoning ordinance," City 
Attorney David Gillam said.

Proponents said the ban is the best option for Royal Oak while the 
courts and Lansing lawmakers sort out ambiguities in the state law 
about growing and selling medical marijuana.

"This is just the beginning of the legislative and judicial process 
that will change the law," City Commissioner Chuck Semchena said, 
pointing to possibly precedent-setting raids at dispensaries in 
Ferndale and Waterford along with state Senate bills that would 
require the state to license growing facilities and limit dispensing 
to pharmacists.

"We should adopt the ban because it can be changed in a year or two 
when more things shake out," Semchena said.

City Commissioners Pat Capello, Terry Drinkwine and David Poulton agreed.

"My problem is with the state, which in its infinite cowardly wisdom 
didn't set standards for the Department of Community Health to decide 
how to supply this," Drinkwine said. "You can't buy cough medicine 
with codeine and we're going to allow medical marijuana because 
people think it's harmless."

Poulton said he is concerned about recreational marijuana users 
getting certified as patients.

"The majority of Royal Oak residents voted for this, but they were 
under the impression it was for patients with debilitating diseases," 
Poulton said. "Others are taking advantage of the confusion about the 
law. They're taking advantage of pot docs who don't establish 
patient-doctor relationships."

Mayor James Ellison and two other city commissioners voted against 
the outright ban. They support a Planning Commission recommendation 
that Royal Oak make two exceptions - one to allow qualified patients 
to grow their own medical marijuana in their homes and the other to 
allow a registered caregiver to grow it for patients at the patient's house.

The state law passed by voters in November 2008 allows patients to 
grow up to 12 plants or caregivers to grow up to 60 plants for five patients.

"The Planning Commission was trying to find a compromise," said 
Ellison, who also sits on that panel. "The intent is to allow 
patients access to their own plants. We were trying to get away from 
caregivers setting up and growing a bunch of plants for patients at 
their (the caregivers') houses."

City Commissioners Michael Andrzejak and Jim Rasor favor the two 
exceptions. Andrzejak said objections to medical marijuana have 
focused on dispensaries, such as the grow operation proposed for an 
industrial warehouse in the north end, and not patients quietly 
growing their medicine at their houses.

"Since 2008 that has been happening in Royal Oak and I haven't heard 
complaints about it or that it's starting a crime wave," Andrzejak said.

Rasor called the two exceptions "a unique option that solves some of 
the problems" associated with the state law.

However, if Royal Oak's zoning change gets final approval in two 
weeks, the city's certified patients and caregivers won't be allowed 
to grow medical marijuana in their homes. Violators will be cited for 
civil infractions and subject to monetary fines for the first, second 
and third violations.

"It's not a criminal offense. You couldn't be arrested," Gillam said, 
"but for the fourth or subsequent violation, it would be a 
misdemeanor and you could be arrested."

Even so, the city attorney doesn't foresee qualified patients being 
prosecuted under the proposed ordinance.

"I think it's safe to say it won't be a high priority for the city 
given its dwindling resources," Gillam said. 
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MAP posted-by: Richard Lake