Pubdate: Mon, 29 Nov 2010
Source: Lansing State Journal (MI)
Copyright: 2010 Lansing State Journal
Contact: http://drugsense.org/url/uc45fODd
Website: http://www.lansingstatejournal.com/
Details: http://www.mapinc.org/media/232
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana
Bookmark: http://www.mapinc.org/topic/dispensaries

DON'T USE MORATORIUM TO BLOCK MARIJUANA

No one needed a crystal ball to predict that, after Michigan voters 
approved medical use of marijuana by a strong majority in 2008, 
resistance would follow.

Some comes in the form of questions. Opponents have many, and argue 
that the law was too vague or silent on too many points, inviting 
legal problems.

Those who believe voters understood what they were passing might 
counter that anything not expressly prohibited ought to be allowed.

Until the state's court system ultimately sorts things out, a wise 
approach to additional regulation would include caution.

However, it's important that state lawmakers, local elected officials 
and law enforcement respect the decision of voters and proceed with 
great care so as not to subvert the voters' intent.

Lansing officials last week said they are considering a moratorium on 
commercial marijuana businesses after having considered possible 
means of locally regulating such operations.

The Lansing City Council expects to take up the moratorium in 
December; action would be preceded by a public hearing.

As of last week, there was not a set time limit for the moratorium. 
Nor had the council clearly stated the nature of the additional 
research needed to make a decision.

The LSJ Editorial Board already has cautioned the city to proceed 
slowly. Fears of problems that have not developed should not be the 
basis for regulation. And council members exercised sound reasoning 
earlier this year when approving rules for operation of home-based 
businesses growing medical marijuana. That reflects the law's intent 
that individual caregivers be allowed to grow plants and supply 
marijuana products for up to five registered patients. Treating 
caregivers as any other home-based business concern made sense.

Commercial marijuana dispensaries are not specifically dealt with in 
the 2008 law. There are no provisions for or against them.

That being the case, a moratorium to wait for a clearer picture to 
emerge may seem wise. But a moratorium is, in fact, an action that 
could have the effect of regulation. The city must not let such 
restrictions drag on indefinitely. It must be specific about what 
information it expects to acquire and indicate a reasonable time for that.

Although local officials believe a moratorium won't deny access to 
medical marijuana, it seems quite likely that a long-term moratorium 
would do just that.
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MAP posted-by: Richard Lake