Pubdate: Sun, 24 Oct 2010 Source: Livingston County Daily Press & Argus (MI) Copyright: 2010 Livingston Daily Press & Argus Contact: http://drugsense.org/url/Kk1qVKJf Website: http://www.livingstondaily.com Details: http://www.mapinc.org/media/4265 Author: Christopher Behnan Referenced: A Local Government View of the Michigan Medical Marihuana Act http://mapinc.org/url/9Wa6VkOf Referenced: Michigan Medical Marihuana Act http://drugsense.org/url/8mvr7sW8 Cited: Michigan Medical Marijuana Association http://www.michiganmedicalmarijuana.org/ Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan) Bookmark: http://www.mapinc.org/topic/Michigan+Municipal+League REPORT: POT LAW HAZY FOR LOCAL GOVERNMENTS A new report on Michigan's medical marijuana law spells out what many local officials already know: The law pressures local governments to determine how to incorporate permitted marijuana use in their communities. The report, titled A Local Government View of the Michigan Medical Marihuana Act, was written by attorney Gerald A. Fisher following months of questions about the law -- including several by officials in Livingston County. The Michigan Medical Marihuana Act was made law in 2008, when voters approved a ballot initiative to allow patients with debilitating illnesses to grow and possess marijuana for medicinal purposes. Fisher's report, issued this month, was commissioned by the Michigan Municipal League, an advocacy group for Michigan's cities, townships and villages. The report argues the law doesn't clearly outline what local governments can do to abide by the law while protecting children and the general public from an otherwise illegal substance. For example, Fisher noted, the law allows children to be medical marijuana patients, and to cultivate and legally smoke marijuana. The law also allows plumbing, electrical and fire inspections to be bypassed at buildings where medical marijuana is distributed, Fisher added. On a local level, the law doesn't outline for caregivers the allowed size of a building or number of caregivers who can occupy a building to distribute the drug for medical purposes, Fisher said. That, he said, creates a potential headache for local governments to enforce zoning rules and regulate where and how large such facilities can be. "Issues such as these should be subject to regulation within local government's customary scope of zoning and other regulatory authority," Fisher writes. Several Livingston County communities have grappled with applying the voter-approved measure to local zoning rules. Green Oak Township hopes to settle the issue with a proposed zoning-ordinance amendment that would incorporate medical marijuana use, possession and growth into the township's rules for building uses. At least five other county communities -- Brighton Township, Hartland Township, Brighton, Howell and Pinckney -- have either approved moratoriums while zoning rules are reviewed or simply zoned-out buildings where marijuana would be smoked or dispensed. Fisher said an example of an ordinance allowed under the law would be restricting the distance between buildings where medical marijuana is distributed and churches, schools, residential areas and parks. Others would be restricting medical marijuana activities in specific zoning districts and amending home-occupation rules to allow caregiver operations. Fisher said local governments are conflicted between enforcing federal law and state law. To avoid that confusion, local communities can request a federal judgment to uphold federal anti-drug laws in opposition to the state act, he said. The state law doesn't protect users or their caregivers from federal prosecution or from having their marijuana seized by federal authorities. Fisher said the marijuana act forces local law enforcement to identify whether growing and usage of the drug is being done illegally or under the act -- a process he said is time-consuming and absorbs considerable police resources. He said that task is made more difficult because the law denies law enforcement details about the identity and location of those authorized to cultivate, distribute or consume marijuana. Fisher suggested the Legislature hold hearings to discuss the issue, and consider requiring the licensing and regulation of buildings used by caregivers to grow and distribute the drug. In his report, he predicted confusion on both sides of the issue will lead to extensive and expensive court battles in the near future. William Mathewson, general counsel for the Michigan Municipal League, urged efforts to better define the law for local governments. "This white paper is a valuable resource for local governments and attorneys in assisting their communities to find, if not the best answer, at least a direction to take with respect to implementation of the act," Mathewson said. Several compassion clubs and proponents of the state act argue local governments are seeking to circumvent permitted medical marijuana usage. Greg Francisco, president and founder of the Michigan Medical Marijuana Association, has said local boards and councils don't have the right to suspend growth and dispensation of medical marijuana under the state law. He also said zoning laws don't apply to the program because it doesn't involve business transactions. The medical marijuana program is intended to allow patients with debilitating illnesses to grow and possess marijuana for medical purposes. Those approved receive cards that indicate their participation in the program. Those eligible for the program must have or be treated for ailments that fall within three categories of debilitating illnesses. The list includes cancer, glaucoma, Crohn's disease, agitation of Alzheimer's disease and AIDS. The law doesn't allow the state to supply patients with seeds or starter plants, or give advice on how to grow medical marijuana. View the report by typing www.mml.org/resources/information/mi-med-marihuana.html into your Web browser. Fisher's report is listed under "Resources." - --- MAP posted-by: Richard Lake