Pubdate: Thu, 2 Dec 2010
Source: Petoskey News-Review (MI)
Copyright: 2010 Petoskey News-Review
Contact: http://www.petoskeynews.net/lettertotheeditor.html
Website: http://www.petoskeynews.com/
Details: http://www.mapinc.org/media/4115
Author: Brandon Hubbard, News-Review Staff Writer
Referenced: http://www.aclumich.org/sites/default/files/Lottcomplaint.pdf
Bookmark: http://www.mapinc.org/people/Linda+Lott
Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana

ACLU SUES MICHIGAN CITIES BANNING MEDICAL MARIJUANA

Suit Could Set Precedent for Local Communities

The American Civil Liberties Union of Michigan filed a suit against 
the cities of Birmingham, Bloomfield Hills and Livonia on Wednesday 
supporting a 61-year-old Birmingham woman's right to use medical marijuana.

ACLU officials charge that Linda Lott, a licensed medical marijuana 
patient suffering from multiple sclerosis for 28 years, is having her 
state rights violated by ordinances in all three cities prohibiting 
growing and using medical marijuana.

"The people of Michigan voted overwhelmingly in support of 
compassionate care for patients like Linda Lott whose pain can be 
eased by the use of medical marijuana," said Kary L. Moss, ACLU of 
Michigan executive director. "In a democracy, city commissions do not 
have the power to veto statewide ballot initiatives after they have 
been approved by the voters and enacted into law."

Lott says she uses the medical marijuana to relieve back spasms, a 
side effect of her condition.

"Instead of relief, I now live in fear that I could be arrested by 
local officials for following state law," Lott said in a statement 
released by the ACLU.

The outcome of the lawsuit could set a legal precedence for the 
entire state of Michigan, including several Northern Michigan 
communities currently considering how to govern medical marijuana in 
the future because of the ambiguity of the Medical Marijuana Act, 
which state voters approved by 62 percent in 2008.

Though none of the local municipalities in Emmet County have sought 
to outlaw patient or caregiver use, they have struggled with how to 
prepare to deal with dispensaries and compassion clubs in the future.

City of Harbor Springs officials recently considered a city ordinance 
requiring all home occupations to adhere to state and federal law, 
effectively banning medical marijuana dispensaries under the federal 
law among other occupations. However, the measure failed to gain the 
necessary votes by the Harbor Springs City Council to pass.

Harbor Springs city manager Tom Richards said Wednesday the city has 
not considered revising or proposing a new ordinance at this time.

Richards said the ACLU suit did not surprise him.

"Personally, I think the legislature owes it to the state to define 
and make some rules to manage this," Richards said. "It seems like 
the Legislature got caught flat footed with the (2008) proposal and 
have not gotten into defining and regulating the business as they 
would for just about anything else."

The lack of definition has municipalities throughout Michigan 
attempting to make their own definitions and guidelines in the 
Medical Marijuana Act's stead.

The Emmet County Board of Commissioners has placed a moratorium on 
medical marijuana dispensaries through March, while a 
county-appointed committee researches and discusses possible zoning 
options for regulating the growing number of patients, caregivers and 
profiteers in the area.

The county committee remains in the information-gathering stage and 
is broadly discussing a prohibition, specific regulations or simply 
"doing nothing" as its future avenues.

The village of Mackinaw City also approved a similar moratorium in 
May restricting medical marijuana dispensaries. The village mailed 
letters to select businesses in their jurisdiction notifying them of 
the prohibition on selling marijuana paraphernalia, according to 
Mackinaw City Planning Commission minutes.

The Emmet County Medical Marijuana Committee is set to meet next at 5 
p.m. Jan. 25, in the Emmet County Courthouse Building in downtown Petoskey. 
- ---
MAP posted-by: Richard Lake