Pubdate: Wed, 18 Jan 2012
Source: Monroe Evening News (MI)
Copyright: 2012, The Monroe Evening News
Contact:  http://www.monroenews.com/
Details: http://www.mapinc.org/media/2302
Author: Jeff Meade

MONROE CITY COUNCIL EXTENDS MEDICAL MARIJUANA MORATORIUM

For the third time in less than 13 months, the City of Monroe has 
issued a 180-day moratorium on the growing, selling and dispensing of 
medical marijuana.

Concerned that an immediate policy could put the city at legal risk, 
the city council voted 7-0 Tuesday night to approve a third six-month 
moratorium on the matter.

Michigan voters approved the Medical Marijuana Act in 2008. Some 
communities have adopted ordinances regarding medical marijuana 
dispensaries while other officials have expressed concern that any 
policy could expose them to liability or violate federal law.

Councilman Jerry McKart said it is time for the city to move ahead 
and stop postponing the matter for another 180 days.

"The voters of this state said clearly using marijuana for medical 
reasons should be allowed," he said. "We need to step up to the plate 
and develop a program for implementation. I have friends that have 
cancer. They're going to different places. They have to take it 
because they're sick. We've got an awful lot of bright people that 
work for the city and we should come up with some policy."

Councilman Jeremy Molenda said his biggest problem with proceeding 
"is how we expose the city to litigation. Once you start issuing 
licenses, you're complicit in the violation of federal law. That's 
why I hesitate to proceed without seeing how some of this case law 
will develop."

Monroe's planning staff and the Citizens Planning Commission have 
formed a subcommittee to review the status of court cases and state 
legislation.

Dan Swallow, director of Economic and Community Development, said the 
subcommittee has drafted a couple policies but is not ready to make a 
recommendation. It last met in November and will meet again next month.

"I don't want the council to think we're standing still," he said. 
"The Medical Marijuana Act leaves gaping holes on how a program can 
be implemented. We still don't know how the federal government is 
going to act with all of this. It doesn't sound like a dispensary is 
a legal entity under state law."

He said both communities who have been stricter and those who have 
been very liberal have run into legal problems. "We are trying to 
find a middle ground," he said.

Councilman Chris Bica asked if the council has the authority to act 
before 180 days after approving the moratorium. City attorney Thomas 
Ready said it can take action at any time before six months.

Mayor Robert E. Clark said passage of the act "leaves more questions 
and potential for liability that I am not willing to put our city in."

City resident Frank Grzywacki commented, "It's been about a year 
(since the first moratorium was issued) and there doesn't seem to be 
any hurry. To say that the city is exposing itself to massive 
liability, just leave out the part that is controversial. This 
(Medical Marijuana Act) was passed in 2008."

Mr. Molenda and Mr. McKart said they favored a work session within 60 days.
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MAP posted-by: Jay Bergstrom