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Local Laws Need To Be Carefully Crafted
Pubdate: Wed, 19 Jan 2011
Source: Muskegon Chronicle, The (MI)
Copyright: 2011 The Muskegon Chronicle
Contact: http://www.mlive.com/mailforms/muchronicle/letters/index.ssf
Website: http://www.mlive.com/muskegon/
Details: http://www.mapinc.org/media/1605
Author: Paula Holmes-Greeley, The Muskegon Chronicle
Bookmark: http://www.mapinc.org/topic/zoning+ordinance
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)
Bookmark: http://www.mapinc.org/opinion.htm (Opinion)
Marijuana Rules:
LOCAL LAWS NEED TO BE CAREFULLY CRAFTED
Laketon Township officials should be applauded for their leadership
in implementing a medical marijuana ordinance.
The township is believed to be the first government in Muskegon
County to approve a zoning ordinance to regulate the use and
cultivation of medical marijuana. Similar ordinances previously were
adopted in Grand Haven, Spring Lake Township and Grand Haven Township
in Ottawa County.
West Michigan officials have been prudent in establishing moratoriums
while researching the best way to proceed under the 2-year-old state
law, but they need to make sure their actions do not prevent
residents from doing something that is legal and strongly supported
by area voters. In Muskegon County, 67 percent of the voters
supported the 2008 ballot proposal legalizing the use of medical
marijuana. At least 50 percent of the voters in every county in the
state supported the measure.
Under the state law, licensed medical marijuana patients can possess
up to 2.5 ounces of marijuana and have up to 12 plants growing in an
enclosed, locked facility. Or they can have a registered caregiver
grow the drug for them. Physicians must certify patients would
benefit from the use of marijuana, but patients handle registration
with the state and determine the amount of marijuana they will use
and how they will obtain it.
More than 45,000 people are licensed medical marijuana patients in Michigan.
Communities and police have complained the state law is vague and
pits supporters of medical marijuana against law enforcement and
their neighbors. Police want better verification of authorization
cards and most communities don't want businesses established to
distribute or grow the drug.
Advocates claim nothing in the state law prohibits dispensaries and
collective growing facilities, which is why local ordinances are so
important and must be carefully developed.
Complicating the issue is the fact that federal laws ban the use of
marijuana, although the Obama Administration has directed that
federal law not be applied in the 14 states that have their own laws.
The Laketon Township ordinance treats marijuana harvesting as a home
occupation by primary caregivers as described in the state law. The
growers must deliver the marijuana to their patients. The township's
intention is to ban commercial dispensaries or the development of
marijuana clubs.
In Grand Haven and Spring Lake and Grand Haven townships, the
ordinances also have clauses that provide for review or inspection of
facilities. This should help with some law enforcement issues. These
ordinances also prohibit marijuana facilities from locating near
school or libraries in order to meet federal drug-free school zone
requirements.
The benefit of all of these ordinances is that they allow the use of
marijuana without letting it get out of control as it has in some
other states. The Michigan ballot proposal wasn't sold as a way to
develop new dispensary businesses or cannabis clubs. The argument was
that marijuana would be effective in reducing nausea in cancer
patients, easing glaucoma and improving appetite and sleep in AIDS
patients. Legalizing marijuana would provide a choice for patients,
it was argued.
The Chronicle Editorial Board has supported tightening the state law,
particularly a three-bill package introduced by former Sen. Gerald
Van Woerkom, R-Norton Shores, creating a system where users would
have to get their marijuana from pharmacists under a prescription,
and the quantity dispensed could not be more than a 60-day supply.
The state also should apply any appropriate taxes to such businesses.
Until state lawmakers have the time to focus on this issue, local
ordinances will need to do the job.
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MAP posted-by: Richard Lake