Pubdate: Wed, 07 Nov 2012
Source: Kalamazoo Gazette (MI)
Copyright: 2012 Kalamazoo Gazette
Contact: http://drugsense.org/url/vggfBDch
Website: http://www.mlive.com/kzgazette/
Details: http://www.mapinc.org/media/588
Author: Emily Monacelli

KALAMAZOO MEDICAL MARIJUANA DISPENSARIES FACE LEGAL HURDLES DESPITE 
CHARTER AMENDMENT'S OVERWHELMING PASSAGE

KALAMAZOO, MI -- Calls already are flooding city offices requesting 
information about receiving a license for a medical marijuana 
dispensary since the charter amendment's 2-to-1 passage on Tuesday, 
but city officials and proponents say it won't be that easy.

The citizen-initiated charter amendment allowing three 
medical-marijuana dispensaries had 13,569 votes in favor to 7,542 no 
votes, according to unofficial results.

"At this point it's a little premature and also there are some open 
questions in the (language) itself," said Kalamazoo City Attorney 
Clyde Robinson.

"There is a legal cloud over whether dispensaries are lawful in 
Michigan," Robinson said. "Currently the state of law is that they 
are not and I don't think voters can change the law at the ballot box."

The initiative calls for a licensing system to regulate dispensaries. 
Dispensary owners would pay an annual $3,000 registration fee to the 
city. Dispensaries would have to be located in "visible store-front 
locations in appropriate commercial districts," according to the 
proposal, and would have to be at least 500 feet from pre-existing 
public schools, private schools or other dispensaries.

Kalamazoo has allowed caregivers to grow and provide medical 
marijuana to patients, but not commercially. In September 2010, city 
commissioners added language to the zoning ordinance to establish 
licensed dispensaries as home-based occupations.

"I'm overjoyed that it passed and I'm really proud that Kalamazoo is 
part of the broader conversation on drug policy reform, particularly 
marijuana," said John Targowski, a Kalamazoo-based attorney who 
specializes in Michigan's medical marijuana law and who helped author 
the proposal.

Targowski noted that Kalamazoo was one of five initiatives around the 
state that passed. In Ypsilanti, marijuana is now the lowest law 
enforcement priority. Grand Rapids voted to make marijuana possession 
a $25 civil infraction. In Flint and Detroit, voters passed a law 
decriminalizing possession of less than an ounce of marijuana. 
Washington and Colorado also legalized recreational use of marijuana.

"Kalamazoo got to be part of something bigger than medical cannabis 
dispensaries in the city," Targowski said. He called the measure's 
passage by a 2-to-1 margin a testament to "how reasonable regulation 
can go a long way to satisfy people's concerns" over medical 
marijuana, which has been a public concern.

Targowski called the passage "only the beginning" for establishing 
dispensaries in Kalamazoo. He anticipated having to take the city to 
court to implement the charter amendment and said he would await a 
decision from the Michigan Supreme Court, which will rule on whether 
dispensaries are legal under the state's 2008 medical marijuana law. 
Last year, in the State of Michigan v. Brandon McQueen, the Michigan 
Court of Appeals ruled that medical marijuana dispensaries are illegal.

"Politically I'd like to say we've got to step on the gas pedal and 
make the city implement this policy but legally I know they're not 
going to implement it today or tomorrow," Targowski said.

Targowski said he has received at least 25 calls in the last 30 days 
from people interested in trying to get a license. Some are existing 
caregivers and some have dispensaries in other cities.

"There's a gamut of people that are interested," Targowski said. 
"That's something that actually I didn't expect. I'm really surprised 
at how much direct interest there is in (receiving) a license."

Robinson also is waiting to hear the Supreme Court's decision on the 
McQueen case.

Robinson noted that results have to be certified by the Board of 
Canvassers. He also raised questions about the dispensaries having to 
be located in an "appropriate commercial district," saying the city 
may have to adopt a zoning amendment to establish what that is.

"At this point there's a lot of unanswered legal questions despite 
people wanting to know what are the next steps," Robinson said. "I 
don't have any answers at this point."
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MAP posted-by: Jay Bergstrom