Pubdate: Fri, 12 Oct 2012
Source: News-Herald, The (Southgate, MI)
Copyright: 2012 Heritage Newspapers
Contact: http://www.heritagenews.com/lettertoeditor/
Website: http://www.thenewsherald.com
Details: http://www.mapinc.org/media/4015
Author: Jim Kasuba

MORATORIUM PLACED ON MEDICAL MARIJUANA

WYANDOTTE - Medical marijuana facilities won't be opening anytime soon
in the city, at least not until further clarification from the state
court system.

The City Council recently placed a moratorium on them because
officials say there are too many questions surrounding their
regulation. The council began exploring the issue in August when City
Engineer Mark Kowalewski submitted a letter asking officials to
consider the matter.

Kowalewski said the Michigan Court of Appeals had made a ruling on the
regulation of medical marijuana facilities by cities, but there also
is yet another case that will soon be going before another panel of
the court on this issue.

"It is my recommendation that a moratorium be adopted concerning any
application for a certificate of occupancy for a medical marijuana
facility until further clarification on the law may be received and to
allow the city to consider the necessity of licensing and making
amendments to the zoning ordinance concerning locations of the
facilities," he said.

He further recommended that the Department of Legal Affairs be
authorized to draft a resolution regarding the moratorium for review
by the Engineering Department, Police Department and Planning
Commission. The council concurred with that recommendation.

The city engineer said several marijuana facilities have applied to
open in the city, but each was denied.

Councilwoman Sheri Sutherby-Fricke, who was chairwoman of the council
meeting when the resolution was approved, said it was rather lengthy
but she wanted it read into the record so residents would understand
exactly why the city was declaring the moratorium.

The resolution gives background on the criminality of marijuana, even
though a legislative initiative approved by voters a few years ago
permits its use and cultivation for specified medical conditions.

It also mentions studies that indicate adverse secondary effects, such
as increased criminal activity and exposure of marijuana to minors
that have arisen in another unspecified state with a similar law.

Because of "a number of unanswered issues and gaps that have been
created" by the initiative, the resolution says the moratorium will be
in place on the issuance of a certificate of occupancy for the purpose
of cultivating and/or distributing marijuana for medical reasons for
the purpose of maintaining the status quo pending a clearer
determination of the application of the law on local governments which
is expected to be made through the upcoming Court of Appeals decision.

That decision, city officials said, will permit the police,
engineering and legal affairs departments, as well as the Planning
Commission, to come up with recommendations for Wyandotte.
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MAP posted-by: Matt