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Leaders Eye Help With State Medical Marijuana Act
Pubdate: Thu, 9 Dec 2010
Source: Holland Sentinel (MI)
Copyright: 2010 GateHouse Media, Inc.
Contact: http://extra.hollandsentinel.com/submitletter.shtml
Website: http://www.hollandsentinel.com
Details: http://www.mapinc.org/media/1145
Author: Peter Daining, The Holland Sentinel
Referenced: Michigan Medical Marihuana Act http://drugsense.org/url/8mvr7sW8
Referenced: http://www.aclumich.org/sites/default/files/Lottcomplaint.pdf
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana
Bookmark: http://www.mapinc.org/topic/American+Civil+Liberties+Union
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)
LEADERS EYE HELP WITH STATE MEDICAL MARIJUANA ACT
Ottawa County, MI - Local leaders aren't sure what to do with the
Michigan Medical Marijuana Act.
About 80 of them came to an Ottawa County workshop Wednesday to learn
what options governments have in navigating the confusing legislation
approved by Michigan voters in 2008.
Four Michigan cities, including Wyoming, have already chosen to defy
the state law by banning medical marijuana. The American Civil
Liberties Union is now suing several of them for violating the act,
leaving it up to the courts to decipher between local, state and
federal marijuana rules.
Attorney Daniel Martin of law firm Scholten Fant told a large
audience of local city and township officials Wednesday an outright
ban isn't such a great idea.
"It becomes this huge argument in preemption, and I don't want any of
my communities to be a test case, so I've advise against this
approach," Martin said.
Cities and townships can also decide to do nothing, pass zoning
restrictions or pass licensing restrictions, Martin said. Holland
Township just discussed the issue this week.
Many township officials are concerned with the large number of
potential loop holes in the state act.
For example, medical marijuana patients can't smoke their medicine on
a bus. But, Martin said, they could eat marijuana brownies while they ride.
"However, if you give a brownie laced with marijuana to someone not
licensed to have that, that's going to be a problem," Martin said.
There are currently 43,292 medical marijuana patients registered with
the state, and each can legally carry 2.5 ounces. A caregiver - or
grower - can only supply five patients.
It wasn't just township trustees in the audience. Martin took
questions from folks with their own interest in the medical marijuana act.
While the state has a good count of the marijuana patients, officials
aren't keeping close tabs of the growers yet, Martin said.
One man asked whether he and his wife could both grow marijuana in
the same space. Another wondered if she could be prosecuted for
driving with marijuana in a state that doesn't have medical marijuana
legislation.
"If you're trying to jump through some of these loop holes that you
see in this act, be very, very careful," he said, adding an
infraction could lead to federal prosecution and even jail time.
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