Pubdate: Thu, 17 Jul 2014 Source: Voice, The (New Baltimore, MI) Copyright: 2014 Journal Register Company Contact: http://www.voicenews.com/ Details: http://www.mapinc.org/media/5146 Author: Jeri Packer, Staff Writer Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan) Bookmark: http://www.mapinc.org/find?253 (Cannabis - Medicinal - U.S.) MEDICINAL MARIJUANA LAWS STILL CONFUSING, HARD TO ENFORCE On the agenda for the July 15 meeting was a proposed resolution "declaring a 120-day moratorium on the consideration of medical marijuana dispensaries in the city." The Algonac City Council passed the resolution unanimously. Relying on the federal laws regarding marijuana to trump state and local regulations to avoid "some of the perceived negative impacts of marijuana use and possession" was ruled unconstitutional recently by the Michigan Supreme Court, reported city attorney Jim Downey. St. Clair County Sheriff Tim Donnellon was present at the same meeting for different reasons to give a report of the sheriff's deputy's work for the city and to answer any questions or concerns. When the agenda item for the moratorium came up, he had much to say on the topic. But first, Algonac resident Ada Smith asked how a topic like marijuana dispensaries even got on the agenda. "Why are we considering this," she asked. "Do we, by law, have to let them in?" City Manager Doug Alexander answered by saying yes, but added there are measures to stave off full compliance for a while. Alexander explained that he received a call with an inquiry from a lawyer from Detroit about someone wanting to open a marijuana dispensary in Algonac. "I had a follow-up conversation with them, as well as the city attorney, and we really do not have adequate regulations pertaining to how these licenses are given," he said. "The way the law for Michigan stands right now, you have to allow for them to open; but they have to be regulated." Donnellon said getting an ordinance in place was a good move to buy some time to have a proper defense later. "They are well-funded organizations (pro-medical marijuana groups)," he said. "We have a tremendous amount of trouble dealing with this. It's just a huge can of worms when they open this up and put statutes in place." He said much of the difficulty is enforcement. He added that the marijuana issue has added a whole new dynamic to the war on drugs. Law enforcement individuals don't know who has a license and who doesn't or if they are staying within the boundaries the statute allows. "It's been a tremendous failure for both sides," Donnellon said. One resident was concerned about knowing where to keep children away from, and asked if the public will know where these dispensaries are. Donnellon said if they come, it will be like a doctor's office moving in. They would advertise for business, just like any other enterprise. The proposal gives the city council four months to come up with adequate rules and regulations regarding marijuana dispensaries; and in the meantime, the proposed business would not be able to open, Alexander said. City Attorney Jim Downey said he will be at the Aug. 5 meeting to answer any questions, since he could not be at the July 15 meeting. "The Michigan Medical Marijuana Act has been fraught with litigation since its passage," he stated in a letter to the council. "One of the matters recently resolved by the Michigan Supreme Court concerned the legality of ordinances banning activities deemed criminal by the federal government." The city had adopted such an ordinance based on an approach led by the city of Livonia, he stated. Livonia had attempted to rely on "the supremacy of federal laws criminalizing marijuana use and possession" as a means to avoid some of the perceived negative impacts of MMMA. The Michigan Supreme Court determined, in a recent ruling, that the so-called "Livonia approach" was unconstitutional, he said. Since that determination in February, the city lost its defense against anyone wanting to establish marijuana dispensaries within the city. The proposed moratorium would allow the city to consider its options with respect to the zoning, land use and other regulatory issues. Downey added that the "State legislature is now considering a law that may provide guidance to municipal governments in addressing this issue. There is some chance that law may be enacted before the expiration of the moratorium." - --- MAP posted-by: Jay Bergstrom