Pubdate: Wed, 23 Jun 2010
Source: Spinal Column Newsweekly (Union Lake, MI)
Copyright: 2010 Linear Publishing
Contact:  http://www.spinalcolumnonline.com
Details: http://www.mapinc.org/media/4425
Author: Leslie Shepard-Owsley
Cited:  Orchard Lake Village Council 
http://www.cityoforchardlake.com/cityfaqs.html
Referenced: Michigan Medical Marijuana Act  http://drugsense.org/url/8mvr7sW8
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana
Bookmark: http://www.mapinc.org/topic/dispensaries

MEDICAL MARIJUANA GETS SIX MONTH REPRIEVE

Orchard Lake Village Council unanimously voted to impose a six-month 
moratorium on medical marijuana dispensaries in the city at its June 
21 meeting.

The moratorium does not cover patients who obtain a prescription card 
for personal medicinal use.

Mayor Bruce McIntyre spearheaded the discussion after the city 
received several inquiries from caregivers seeking a site for a 
dispensary, including one in the Orchard Commons Shopping Center.

"It's precautionary," McIntyre said. "We're just opening the door to 
the subject. The law passed in Michigan is pretty vague, and there 
are things to consider, like looking at it from a zoning standpoint, 
for example."

The round table discussion comes on the heels of Michigan voters 
overwhelmingly voting to allow for medical marijuana use and 
dispensaries in November 2008 under the Michigan Medical Marijuana 
Act. Many communities around the state have either adopted 
moratoriums or local ordinances regulating medical marijuana dispensaries.

The issue will be delegated to the Planning Commission for review. In 
the interim, the city attorney will prepare language for the moratorium.

"We need more time to explore our options," said City Clerk Janet 
Overholt-Green. "It gives the Planning Commission the opportunity to 
consider regulations since there is some uncertainty in the statute now."

Police Chief Fred Rosenau backs the six month moratorium based on 
some underlying concerns.

"The law is vague in many areas," Rosenau said. "It nowhere states 
where you initially purchase the seeds or plants to sell the initial 
marijuana. While it's not illegal to be in possession for medical 
purposes or grow it, how do you get it legally at the get go?"

Another issue is that the THC in marijuana has long lasting effects, 
and if stopped by police, the person would be tapped as driving under 
the influence of drugs according to the Michigan vehicle code.

"The new law doesn't address this either," Rosenau said. "We need to 
have the courts decide what's legal or illegal."

"A moratorium gives the the time to see what other communities are 
doing and to see how the law is being interpreted," Rosenau said. "We 
also need to get feedback from residents, see what our legislators 
are saying, and watch what the courts are going to do."

Recently the city of Livonia passed an ordinance stating that if the 
law in question is prohibited by either federal or state law, then it 
would be likewise prohibited by local ordinance.

"It's a catch-all," Rosenau said. "They're saying if it's illegal one 
way or another, then it will be illegal by local ordinance, which is 
very interesting." 
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MAP posted-by: Richard Lake