Pubdate: Tue, 03 Aug 2010
Source: Traverse City Record-Eagle (MI)
Copyright: 2010 The Traverse City Record-Eagle
Contact: http://www.record-eagle.com/opinion/local_story_128175513.html
Website: http://www.record-eagle.com/
Details: http://www.mapinc.org/media/1336
Author: Art Bukowski

CITY OKS MEDICAL MARIJUANA GUIDELINES

TRAVERSE CITY - The city soon will have detailed rules that dictate
where, when and in what quantity people can grow and distribute
medical marijuana.

City commissioners on Monday gave the green light to a series of
medical marijuana-related regulations. The move capped a months-long
effort to iron out land-use issues related to the Michigan Medical
Marijuana Act.

The act, approved in 2008, allows patients to possess up to 2.5 ounces
of marijuana and 12 plants. It also allows designated caregivers to
grow and distribute plants to up to five patients.

But because the act doesn't specify where or when patients and
caregivers can grow or exchange marijuana, municipalities across the
state were left to decide for themselves.

Monday's city commission action doesn't affect the amount of plants a
patient can have under state law, or the number of plants a caregiver
can grow or distribute. It instead specifies where legal
marijuana-related activity can occur within city limits.

The new city regulations allow, among other things:

n Cultivation of up to 72 plants in single-family residential
dwellings, a number based on the maximum amount a single caregiver can
grow for themselves and five patients. No transfer of marijuana will
be permitted at these locations to patients who do not reside within
the same dwelling, though a caregiver can deliver the marijuana to his
or her patients who live elsewhere.

Marijuana in the home must be kept in a "fully enclosed, locked
facility inaccessible on all sides," and growth of plants must not be
conspicuous in any way.

n Cultivation in excess of 72 plants in industrial districts, provided
the cultivation facility owner obtains a license from the city.
Transfer of plants -- but not marijuana in processed, usable form --
will be allowed at these facilities.

n Medical marijuana "collectives" in most commercial districts of the
city. Any medical marijuana that fits within the confines of the
Medical Marijuana Act can change hands here, but no growing is allowed
in these locations.

Such operations must be closed from 10 p.m. to 7 a.m., can't be
located within 1,000 feet of a school and can't be owned or operated
by someone convicted of a drug-related felony.

The city's planning commission approved the regulations before sending
them on to the city commission for approval. The city commission must
lend final approval to the new regulations at its Aug. 16 regular meeting.

Some commissioners were squeamish about allowing any medical marijuana
growth in residential districts, though pro-medical marijuana
advocates in attendance told them it wouldn't be wise to step on
rights afforded to citizens under state law.

Plus, advocates said, the city hasn't yet experienced significant
problems tied to legal residential marijuana growth.

A few commissioners wanted to see the 72-plant residential limit
dropped to 12, but marijuana advocates said that would force
caregivers to rent space in which to grow their plants, a cost that
likely would get passed down to patients.

Michael E. Thue, a medical marijuana patient and advocate who got the
ball rolling when he approached the city in April with plans for a
marijuana collective, was pleased with the city regulations.

"I'm glad the city has been so open and accepting," he said. "The city
has gone above and beyond what I expected them to do." 
- ---
MAP posted-by: Jo-D