Pubdate: Wed, 22 Dec 2010
Source: Daily Telegram, The (Adrain, MI)
Copyright: 2010 GateHouse Media, Inc.
Contact:  http://www.lenconnect.com/
Details: http://www.mapinc.org/media/1556
Author: David Frownfelder, Daily Telegram

TECUMSEH COUNCIL, PLANNING COMMISSION TALK MEDICAL MARIJUANA

TECUMSEH, Mich. -- The Tecumseh City Council and city planning 
commission met Monday night to discuss development of a local 
ordinance covering Michigan's medical marijuana law.

Implementation of the law is proving to be difficult for local units 
of government, they were told. Many ramifications have yet to be 
determined, leaving local entities to deal with the details, said 
Tecumseh City Manager Kevin Welch.

Welch, incoming city attorney Scott Baker, Police Chief Troy Stern 
and Development Services Department Director Brad Raymond explained 
the difficulties to the council and commissioners in a meeting that 
took place before the city council 's regular meeting.

"It is quite controversial and there is confusion over just what the 
law means," Welch said. "Our goal is to show how confusing this is 
and how little direction we have been given."

Stern and Baker talked about the legalities of the measure and the 
difficulty other entities are having with it. Stern said the city has 
several options. One is the tactic being used by the city of Livonia, 
which is not allowing marijuana to be grown in the city, an action 
that is sure to bring legal challenges, Stern said. The second is to 
develop an ordinance and see how it stands up to the law, or the 
third option is to do nothing, though that option is not valid, he said.

"This is a legitimate program in this state. But it is very difficult 
for us to enforce," Stern said. "The only way to determine if someone 
can legally possess marijuana is to have a valid (identification) card."

Even then, Stern said, law enforcement is not allowed to ask who has 
such a card as this is a medical procedure. He said the medical 
marijuana law butts heads with federal statutes that say marijuana is 
a Schedule I narcotic and is illegal for recreational use. Law 
enforcement would know who are caregivers and who are patients only 
if they come into contact with each other, Stern said.

"This comes to us as a law, not through legislation, but through a 
referendum," councilman Larry Van Alstine said. "This referendum was 
carefully worded to tie the hands of law enforcement."

Van Alstine is the former chief of police in Tecumseh and Lenawee 
County undersheriff. He said the proponents of the medical marijuana 
law are using this as a start to complete legalization.

"It's a shame the electorate fell for this scam," he said.

Welch pointed out that no matter what council's opinions, the law was 
passed. He said 63 percent of the voters in Tecumseh approved it.

"A lot of people in Michigan would like to see marijuana legalized," 
planning commissioner David Malmquist said. "I'm pleased to see we 
are pro-active on this (issue)."

Tecumseh enacted a moratorium in May on the law. The moratorium is 
set to expire in February. Welch said he expects the moratorium to be 
extended to give the city more time to work on details of 
implementation. He promised to keep both the council and planning 
commission apprised on the process, and said he wants their input.

At the council meeting, Tecumseh businessman Tony Menyhart said the 
city has an opportunity to use the medical marijuana law to its advantage.

"We can consider it as a legal product that has the potential for an 
economic bonus for the state of Michigan," Menyhart said. "It's been 
over two years since it passed. We have to accept that this is what it is."  
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MAP posted-by: Richard Lake