Pubdate: Sun, 28 Nov 2010
Source: Lansing State Journal (MI)
Copyright: 2010 Lansing State Journal
Contact: http://drugsense.org/url/uc45fODd
Website: http://www.lansingstatejournal.com/
Details: http://www.mapinc.org/media/232
Author:Barrett Newkirk
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana
Bookmark: http://www.mapinc.org/topic/dispensaries
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

BATTLE CREEK PLAN PROBLEMATIC FOR MEDICAL MARIJUANA DISPENSARIES

BATTLE CREEK - The state may say medical marijuana is legal, but 
Battle Creek, a city of about 50,000, intends to ban the dispensaries 
by restricting their zoning and licensing.

The city's proposed rules would require clubs to obtain a city 
license and not allow marijuana to be grown, distributed or used on 
site. The clubs could only offer support services and would be 
limited to certain commercially zoned areas.

"It'll shut us down," said Maggie Perrin, who runs the Cereal City 
Compassion Club that opened last spring. "I know there has to be 
regulations, but to prohibit us from dispensing meds, from helping 
patients, that's what we don't want."

The proposal would mean that medical marijuana patients would be 
restricted to buying pot from their personal "caregiver," a person 
licensed by the state to grow the drug.

No pot is grown at the club. It makes most of its money by taking 
marijuana grown by a network of caregivers and distributing it to a 
network of patients. Perrin said the club has about 300 members, who 
all pay a $10 annual membership fee.

Susan Bedsole, the city's director of licensing and compliance, said 
the recommendation for now is to ban places for the distribution or 
use of medical marijuana because that law doesn't specify that such 
places are legal.

"What the state did was carve out an exception to that general rule 
that (marijuana) is illegal," Bedsole said. "So if it doesn't say 
that it's allowed, then it's still unlawful. And that's our position."

Michigan voters approved the state's medical marijuana law in November 2008.

Under the proposed rules, medical marijuana patients would be allowed 
to use the drug only in their homes although some city officials have 
asked for some kind of exception.

Patient Della Brown, 41, said that if she couldn't come to the Cereal 
City Compassion Club, she'd have to smoke at home near her 3-year-old grandson.

"It's nice having a place to go to be able to medicate before I go 
home," said Brown, who suffers from chronic pain. "And it's my choice 
not to smoke in my house."

The proposed city licensing also creates privacy concerns because 
Battle Creek officials would have a list of names and addresses of 
state-licensed caregivers.

Matt Newburg, a Lansing lawyer who has advised cities and 
organizations on the state's medical marijuana law, said state law 
protects patient and caregiver information from public access, so 
Battle Creek's ordinance could be problematic.

"This one requires somebody who is a patient or caregiver, who knows 
that their information is protected from disclosure to walk into a 
city or township and say, 'I'm here to apply for my license.' That 
probably won't happen," Newburg said.
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