Pubdate: Thu, 10 Jun 2010
Source: Morning Sun (Mt. Pleasant, MI)
Copyright: 2010 Morning Sun
Contact:   http://www.themorningsun.com/
Details: http://www.mapinc.org/media/3938
Author: Linda Gittleman

GRATIOT PREPARING FOR MEDICAL MARIJUANA LAW STRUGGLE

Michigan voters passed the law allowing use of "medical  marijuana"
and now even rural communities are going to  have to deal with
proposed shops, "clubs," growing  operations, even warehouses.

Alma City Manager Phil Moore said he's had a general  inquiry about
such places, including a "warehouse," and  the city's commissioners
have decided to ask the  planning commission to look into it.

"We have different options here and we can work with  Ithaca and St.
Louis," he said.

St. Louis City Manager Bob McConkie said he spoke with  Moore a few
months ago and suggested that the cities  share legal costs as they go
through the process of  determining locations, security and
enforcement.

Cities cannot legally keep them out, although they can  say where they
are located.

"We are obviously concerned," McConkie said. "There are  appropriate
places and inappropriate places. We  wouldn't want to see a marijuana
grow operation next to  the high school."

The trouble is, the law is anything but clear.

"The state hasn't adopted appropriate statutes to  regulate this,"
McConkie said. "There is no direction.  The local communities will
have to figure it out. It's  kind of an unfunded mandate."

The courts will ultimately decide the particulars and  it will be the
local police agencies and communities  that will bring those cases to
court, he said.

Currently, the law states that an individual who has a  physician's
certificate stating to his or her  debilitating condition that
marijuana may help, can  smoke it legally.

A physician cannot prescribe marijuana as it is still  against federal
law. He or she can only "recommend" it,  according to the Michigan
Department of Community  Health.

A patient or his or her "caregiver" can grow up to 12  marijuana
plants and possess up to 2.5 ounces of  prepared marijuana. The
caregiver may "assist" up to  five patients.

No marijuana can be smoked in public places.

But after that, the law becomes murky.

On the MDCH website for frequently asked questions,  somebody asked if
patients can form growing  cooperatives and the answer is, "The law
does not  address this."

Not surprisingly therefore, where there's a will and a  loophole,
marijuana "clubs" have popped up, as have  warehouses where patients
can rent a space with a grow  light to grow their own plants.

State Rep. Rick Jones, R-Grand Ledge, announced new  legislation in
May to ban public marijuana clubs.

"Michiganders voted for the medical marijuana law so  that people in
great pain could use the product in  their own home or in a
hospice-type setting," he said  in a press announcement. "They did not
envision the  creation of clubs where users could get high and then
drive away endangering people.

"I have no objection to pain relief in a true medical  need situation
and controlled by a real doctor," he  continued. "However, we do not
need "clubs" springing  up in cities or next to schools."

It's in these muddy waters that the local communities  have to
navigate.

McConkie said there is a wide variance in the  ordinances of the
cities that have allowed marijuana  growing operations or shops.

"We are approaching this very cautiously," he said.

Both managers said they would not want to see marijuana  operations
downtown and believe few in their cities  would want that.

McConkie said he would ask his city council for their  input and
believes the St. Louis planning commission  will also tackle the
subject, as well.

Moore said police input will be solicited and public  hearings are
likely in store.

According to one published report, more than 21,000  permits for
medical marijuana have been issued in the  state. Another source said
17,000.

Applications for the permits cost $100 each and must be  renewed each
year. 
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