Pubdate: Thu, 26 Aug 2010
Source: Westland Observer (MI)
Contact: http://www.hometownlife.com/section/CUSTOMERSERVICE20
Copyright: 2010 Observer & Eccentric Newspapers
Website: http://www.hometownlife.com/section/NEWS24
Details: http://www.mapinc.org/media/5192
Author: LeAnne Rogers
Cited: Westland City Council http://ci.westland.mi.us/citycouncil.html
Referenced: The ACLU position 
http://www.aclumich.org/issues/drug-policy/2010-07/1460

ZONING ORDINANCE AIMS TO STOP MEDICAL MARIJUANA DISPENSARIES

The word marijuana never appears in a recently adopted zoning 
ordinance amendment, but the intent is to keep medical marijuana 
operations out of Westland.

"Nothing in the ordinance addresses medical marijuana. It says you 
can't operate a business in violation of federal, state or local 
laws," said Council President James Godbout. "Federal law says 
marijuana is illegal. State law allows medical marijuana."

Mayor William Wild is a bit more direct on the ordinance amendment's 
impact, noting it will, in effect, prohibit medical marijuana 
dispensaries from operating within the city. He said the ordinance 
amendment is in response to the requests to the Building Department 
for potential medical marijuana dispensing sites in Westland.

"There are three ways communities are addressing this - through 
zoning, approve a moratorium or flat out making them prohibited," said Wild.

The ordinance is aimed at addressing zoning issues related to state 
law which that allows patients who have been issued a valid registry 
identification card to cultivate up to 12 marijuana plants and 
possess up to 2.5 ounces of marijuana.

If registered patients do not wish to grow their marijuana, they can 
receive it from a caregiver. The caregivers do not have to be 
licensed professionals but can assist up to five patients, 
cultivating as many as 60 marijuana plants and possessing 12.5 ounces 
of marijuana.

"The city has made a choice of prohibiting medical marijuana 
dispensaries based on that their existence within the city would be 
detrimental from a public safety standpoint as well as the negative 
effect on surrounding neighborhoods," said Wild. "Similar ordinances 
have been recently enacted in surrounding communities, such as 
Livonia and Canton Township in response to these same concerns."

The American Civil Liberties Union of Michigan has asked officials in 
the cities of Birmingham and Bloomfield Hills to clarify or rescind 
ordinances recently adopted regarding the growth, sale and dispensing 
of medical marijuana.

The Birmingham ordinance, adopted earlier this year, follows the same 
path as the Westland ordinance prohibiting activities in violation of 
federal, state or local laws or ordinances. Basically, federal law 
would be used to trump state law when it comes to marijuana.

For their part, Bloomfield Hills officials voted to prohibit 
dispensing of medical marijuana in their city due to it being a 
controlled substance under federal law. The ACLU is arguing the 
rights of medical marijuana users is being violated by those 
ordinances. Like the Westland ordinance amendment, neither of the 
ordinances specifically mentions medical marijuana. 
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MAP posted-by: Richard Lake