Pubdate: Sun, 24 Oct 2010
Source: Livingston County Daily Press & Argus (MI)
Copyright: 2010 Livingston Daily Press & Argus
Contact: http://drugsense.org/url/Kk1qVKJf
Website: http://www.livingstondaily.com
Details: http://www.mapinc.org/media/4265
Author: Christopher Behnan
Referenced: A Local Government View of the Michigan Medical Marihuana 
Act http://mapinc.org/url/9Wa6VkOf
Referenced: Michigan Medical Marihuana Act http://drugsense.org/url/8mvr7sW8
Cited: Michigan Medical Marijuana Association 
http://www.michiganmedicalmarijuana.org/
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)
Bookmark: http://www.mapinc.org/topic/Michigan+Municipal+League

REPORT: POT LAW HAZY FOR LOCAL GOVERNMENTS

A new report on Michigan's medical marijuana law spells out what many 
local officials already know: The law pressures local governments to 
determine how to incorporate permitted marijuana use in their communities.

The report, titled A Local Government View of the Michigan Medical 
Marihuana Act, was written by attorney Gerald A. Fisher following 
months of questions about the law -- including several by officials 
in Livingston County.

The Michigan Medical Marihuana Act was made law in 2008, when voters 
approved a ballot initiative to allow patients with debilitating 
illnesses to grow and possess marijuana for medicinal purposes.

Fisher's report, issued this month, was commissioned by the Michigan 
Municipal League, an advocacy group for Michigan's cities, townships 
and villages.

The report argues the law doesn't clearly outline what local 
governments can do to abide by the law while protecting children and 
the general public from an otherwise illegal substance.

For example, Fisher noted, the law allows children to be medical 
marijuana patients, and to cultivate and legally smoke marijuana. The 
law also allows plumbing, electrical and fire inspections to be 
bypassed at buildings where medical marijuana is distributed, Fisher added.

On a local level, the law doesn't outline for caregivers the allowed 
size of a building or number of caregivers who can occupy a building 
to distribute the drug for medical purposes, Fisher said.

That, he said, creates a potential headache for local governments to 
enforce zoning rules and regulate where and how large such facilities can be.

"Issues such as these should be subject to regulation within local 
government's customary scope of zoning and other regulatory 
authority," Fisher writes.

Several Livingston County communities have grappled with applying the 
voter-approved measure to local zoning rules.

Green Oak Township hopes to settle the issue with a proposed 
zoning-ordinance amendment that would incorporate medical marijuana 
use, possession and growth into the township's rules for building uses.

At least five other county communities -- Brighton Township, Hartland 
Township, Brighton, Howell and Pinckney -- have either approved 
moratoriums while zoning rules are reviewed or simply zoned-out 
buildings where marijuana would be smoked or dispensed.

Fisher said an example of an ordinance allowed under the law would be 
restricting the distance between buildings where medical marijuana is 
distributed and churches, schools, residential areas and parks. 
Others would be restricting medical marijuana activities in specific 
zoning districts and amending home-occupation rules to allow 
caregiver operations.

Fisher said local governments are conflicted between enforcing 
federal law and state law. To avoid that confusion, local communities 
can request a federal judgment to uphold federal anti-drug laws in 
opposition to the state act, he said.

The state law doesn't protect users or their caregivers from federal 
prosecution or from having their marijuana seized by federal authorities.

Fisher said the marijuana act forces local law enforcement to 
identify whether growing and usage of the drug is being done 
illegally or under the act -- a process he said is time-consuming and 
absorbs considerable police resources.

He said that task is made more difficult because the law denies law 
enforcement details about the identity and location of those 
authorized to cultivate, distribute or consume marijuana.

Fisher suggested the Legislature hold hearings to discuss the issue, 
and consider requiring the licensing and regulation of buildings used 
by caregivers to grow and distribute the drug.

In his report, he predicted confusion on both sides of the issue will 
lead to extensive and expensive court battles in the near future.

William Mathewson, general counsel for the Michigan Municipal League, 
urged efforts to better define the law for local governments.

"This white paper is a valuable resource for local governments and 
attorneys in assisting their communities to find, if not the best 
answer, at least a direction to take with respect to implementation 
of the act," Mathewson said.

Several compassion clubs and proponents of the state act argue local 
governments are seeking to circumvent permitted medical marijuana usage.

Greg Francisco, president and founder of the Michigan Medical 
Marijuana Association, has said local boards and councils don't have 
the right to suspend growth and dispensation of medical marijuana 
under the state law. He also said zoning laws don't apply to the 
program because it doesn't involve business transactions.

The medical marijuana program is intended to allow patients with 
debilitating illnesses to grow and possess marijuana for medical 
purposes. Those approved receive cards that indicate their 
participation in the program.

Those eligible for the program must have or be treated for ailments 
that fall within three categories of debilitating illnesses. The list 
includes cancer, glaucoma, Crohn's disease, agitation of Alzheimer's 
disease and AIDS.

The law doesn't allow the state to supply patients with seeds or 
starter plants, or give advice on how to grow medical marijuana.

View the report by typing 
www.mml.org/resources/information/mi-med-marihuana.html into your Web 
browser. Fisher's report is listed under "Resources."
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MAP posted-by: Richard Lake