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."
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MAP posted-by: Jay Bergstrom