Pubdate: Tue, 14 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

4 WAYS TO HANDLE THE MICHIGAN MEDICAL MARIJUANA ACT

Holland, MI - Michigan voters supported medical marijuana in 2008, 
even in conservative Ottawa County. But the Michigan Medical 
Marijuana Act is unclear and at times contradictory.

Many cities and townships are currently trying to figure out how to 
deal with the issue locally. Last week, about 80 officials and 
residents came to hear a presentation on the issue in Allendale.

Here are the options your city or township officials may be considering:

1. Do Nothing

This is a state act, so why not let Michigan officials and agencies 
deal with the headache? Well, many communities are concerned doing 
nothing may compromise health and safety to the general public and 
police officers.

With the new rules, the identities of medical marijuana patients are 
protected - even from police. Although in the past police were able 
to use the element of surprise during marijuana busts, they now might 
need to ask permission to enter a potential drug house.

Also, California found high concentrations of marijuana distribution 
activity can lead to increased crime, such as the resale of marijuana.

2. Defy the Michigan Act

Wyoming, Bloomfield Hills, Birmingham and Livonia officials opted to 
go against the state law, citing federal laws outlawing marijuana.

This strategy will almost definitely result in an expensive lawsuit. 
The American Civil Liberties Union already brought a lawsuit against 
the Detroit communities on behalf of a couple who want to use the 
drug in their home, grow it in a business and take it to private social clubs.

This potentially leaves both medical marijuana patients and 
municipalities open to prosecution for using marijuana or allow the 
use of marijuana.

3. Regulating Marijuana

Local governments could use the same rationale to regulate marijuana 
that is used to regulate strip clubs.

Governments can't regulate strip clubs based on the First Amendment 
protected activity, but they can regulate based on the secondary effects.

In this case, officials would have to rely heavily on studies that 
show a correlation between marijuana use and increases in crime. 
Other negative effects might include influence on children and danger 
of law enforcement.

These regulations may be allowable if they don't undermine the 
purpose of the act: the medical use of marijuana by qualified patients.

4. Lobby for Changes in the Act

Those who have studied the act believe Michigan is in for a long 
string of lawsuits. The Michigan Association of Townships believes 
Michigan should try and amend the act to make it more clear.

But it would take 75 percent agreement to do so. In his report giving 
the local government view of the act, attorney Gerald Fisher said it 
would be a good idea for state officials to start by creating a 
committee representing all interests to study the issue.  
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MAP posted-by: Richard Lake