Pubdate: Thu, 13 Feb 2014
Source: Times Herald, The (Port Huron, MI)
Copyright: 2014 The Times Herald
Contact: http://www.thetimesherald.com/customerservice/contactus.html
Website: http://www.thetimesherald.com/
Details: http://www.mapinc.org/media/2570
Author: Nicholas Grenke, Times Herald
Cited: The Ruling
http://publicdocs.courts.mi.gov:81/opinions/final/sct/20140206_s145816_78_terbeek-op.pdf
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)
Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.)
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

COURT'S MARIJUANA RULING AFFECTS LOCAL LAWS

The owner of a medical marijuana center in Kimball Township said she
hopes a recent Michigan Supreme Court ruling that local governments
can't ban medical marijuana would make it easier for her patients to
use marijuana without repercussions from law enforcement officials.

"We're excited because, five years after the law passed with a 63
percent approval, finally the law is being recognized," said Blue
Water Compassion Center owner Debra Amsdill.

The Feb. 6 ruling by the state's high court said the city of Wyoming's
ordinance directly conflicts with the state medical marijuana law. The
case was brought against the Grand Rapids suburb by retired lawyer
John Ter Beek.

Amsdill on Tuesday pointed to a copy of the 2008 Michigan Medical
Marihuana Act on the wall of the waiting room of the Blue Water
Compassion Center as she spoke about the state's medical marijuana
law.

"The shades of gray they talk about, come from people who are against
cannabis," she said. "The law is very simple: It provides protections
for the medical use of marijuana."

However, St. Clair County Sheriff Tim Donnellon disagrees with Amsdill
that the change will make the law more black and white. He thinks that
the ruling will make his the work of his deputies and staff more difficult.

"Frankly I think it's a step back," Donnellon said about the Supreme
Court ruling. "In my opinion the law needs to be reworked. With it
continuously changing, it very, very difficult for law enforcement
officers who have to deal with the loopholes."

Kimball Township Supervisor Robert Usakowski said the ruling shouldn't
create change in his township. He said officials have a good
relationship with the medical marijuana center in the community.

"Our ordinance doesn't prohibit dispensaries, it zones them,"
Usakowski said. "It's similar to the zoning for a CVS pharmacy."

Port Huron, Marysville, Marine City, Berlin Township and Worth
Township are among the municipalities that have moratoriums not
allowing marijuana dispensaries.

Port Huron corporation counsel Todd Shoudy said medical marijuana is a
developing area of the law. He added Port Huron and other
municipalities won't have to make changes to their moratoriums, if
their laws are simply about a dispensary in the area.

"It's something the city needs to look over," Shoudy said. "A lot of
municipalities in Michigan were faced with a lack of direction in 2008."

Both Port Huron and Marysville put their moratoriums in effect in
2010.

Worth Township Supervisor Phil Essenmacher said officials aren't sure
what the ruling will mean. He said medical marijuana laws seem to
change every few months in Michigan, and he expects a bill in the
state Senate to supersede the court's ruling.

The bill, which has been approved by the House, would allow local
government to add provisions to the state law.

"The way I read the court ruling is townships can't regulate it
(medical marijuana)," Essenmacher said. "If someone were to approach
us (to open a dispensary), we'd ask our attorney for what to do."

Worth Township put the moratorium in place after Amsdill opened a Blue
Water Compassion Center in 2010. Both Amsdill's home and the center in
Worth Township were raided in 2012, although charges against her were
later dropped.

Amsdill said she hopes the Michigan Supreme Court ruling will make
raids of the medical marijuana business a thing of the past.

"People that are receiving medication don't deserve that," she said.
"A lot of these people are in extreme pain."

In Berlin Township, the supervisor said he didn't like the ruling, but
the court's decision seemed to show where the law is heading across
the country.

"We don't allow dispensaries in this town," said Bill Winn, township
supervisor. "The council isn't happy ... but that's the way the wheel
moves."

"Things are looking like medical marijuana will be like alcohol in a
few years," Winn added.

Most elected officials said they would contact their lawyers to see if
they need to change any ordinances or strike them off the books.

"We are going to look into it at our next commission meeting," Marine
City Clerk Kristen Baxter said.

Amsdill said dispensaries are not trying to take advantage of the
law.

"It's not about getting high -- people come in here who are addicted
to prescription drugs and we help them have a better quality of life,"
she said. "Every day I'm moved by the people I try to help."

Laura Rigby, an employee who also has a medical marijuana card, said
the the ruling will make things easier for people with a prescription
for medical marijuana.

"I don't think I've spoke to anyone who is unhappy," Rigby said. 
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MAP posted-by: Jo-D