Pubdate: Sun, 13 Mar 2011
Source: Flint Journal (MI)
Copyright: 2011 Flint Journal
Contact: http://www.mlive.com/mailforms/fljournal/letters/
Website: http://www.mlive.com/flint/
Details: http://www.mapinc.org/media/836
Author: Roberto Acosta, Flint Journal
Note: Staff writers Kayla Habermehl and George Jaksa contributed to 
this report.
Cited: Americans for Safe Access http://www.americansforsafeaccess.org
Referenced: Michigan's law http://drugsense.org/url/8mvr7sW8
Referenced: Michigan Medical Marihuana Program 
http://drugsense.org/url/nDFeNDPs
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana
Bookmark: http://www.mapinc.org/topic/Americans+for+Safe+Access
Bookmark: http://www.mapinc.org/people/Tim+Beck
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)

GENESEE COUNTY GOVERNMENTS CHOOSING MORATORIUMS TO FIGURE OUT 
REGULATIONS ON MEDICAL MARIJUANA

Advocates Call Resolutions Delay Tactics

DAVISON TOWNSHIP, Michigan - Medical marijuana patients won't be 
buying marijuana in the township before 2013 if the township board 
has its way. While the small township has allowed medical marijuana 
businesses to open, several other county governments have approved 
moratoriums to further discuss regulations.

The board on Monday put a two-year moratorium on issuing permits for 
marijuana dispensaries and any other commercial marijuana businesses.

The state chapter head of a medical marijuana advocacy group believes 
the two-year limit goes too far.

"That's pretty radical and possibly even illegal," said Tim Beck of 
Americans for Safe Access. "(Moratoriums) are meant to be temporary. 
Six months is not uncommon. This is way out."

The board opted for the two-year moratorium after township planning 
and building administrator Randall Stewart suggested waiting until 
legal issues over the law are ironed out.

"It's my personal belief that the state is going to have to step up 
and answer some of the questions," Stewart said. "I felt two years 
was going to be a safe timeline until cases are settled."

Board trustee Matthew Karr voted against the two-year extension, 
advocating instead a six-month timeline.

"It's something we need to address earlier than (2013)," said Karr.

Supervisor Kurt Soper said the issue could be brought up again sooner 
if issues are resolved and the township continues to monitor the situation.

"We're not ignoring this in any sense of the word," he said. "On the 
contrary, we probably are proactive."

Davison Township is not alone in delaying policy on the issue.

Flushing, Mundy Township, Clayton Township, Fenton, Mt. Morris 
Township, Flint, Swartz Creek and Linden already have dispensary 
moratoriums in place.

"It's just a way of getting out from under their responsibility," 
Beck said. "I think what's really going on here is local public 
officials are hoping that the legislature is going to do their work for them."

Beck dismissed contentions that dispensaries would be illegal because 
medical marijuana is still outlawed by the federal government.

"These localities are only creatures of state law," said Beck. "They 
do not report (directly) to the federal government."

Court cases are pending in Bloomfield Hills, Birmingham and Wyoming 
because of laws passed that banned medical marijuana businesses and 
even smoking by patients, said Beck.

Beck acknowledged the state's Medical Marihuana Act of 2008 does 
leave some gray areas, in terms of the guidelines in opening 
dispensaries or compassion clubs, but he said those businesses are 
"hybrid facilities" that popped up after the law was passed.

Swartz Creek planning commission and council member C. David Hurt 
said action should take place in his city after a 90-day moratorium 
was passed Feb. 23 to etch out an ordinance.

"We need to do something because the state says this is a legal 
thing. We need to control it. I think this proposed ordinance does 
that," Hurt said.

"I don't think we should be arbitrary, I think that's how you head 
down the path to legal challenges and so forth."

Beck said it falls on communities to figure out their regulations and 
enact them. While some have embraced the businesses, such as Ann 
Arbor and Ypsilanti, some governments are still unsure.

"Other communities are just caught in the middle... they don't know 
what to do," he said. "They are afraid to act."
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MAP posted-by: Richard Lake