Pubdate: Wed, 19 Jan 2011
Source: Muskegon Chronicle, The (MI)
Copyright: 2011 The Muskegon Chronicle
Contact: http://www.mlive.com/mailforms/muchronicle/letters/index.ssf
Website: http://www.mlive.com/muskegon/
Details: http://www.mapinc.org/media/1605
Author: Paula Holmes-Greeley, The Muskegon Chronicle
Bookmark: http://www.mapinc.org/topic/zoning+ordinance
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)
Bookmark: http://www.mapinc.org/opinion.htm (Opinion)

Marijuana Rules:

LOCAL LAWS NEED TO BE CAREFULLY CRAFTED

Laketon Township officials should be applauded for their leadership 
in implementing a medical marijuana ordinance.

The township is believed to be the first government in Muskegon 
County to approve a zoning ordinance to regulate the use and 
cultivation of medical marijuana. Similar ordinances previously were 
adopted in Grand Haven, Spring Lake Township and Grand Haven Township 
in Ottawa County.

West Michigan officials have been prudent in establishing moratoriums 
while researching the best way to proceed under the 2-year-old state 
law, but they need to make sure their actions do not prevent 
residents from doing something that is legal and strongly supported 
by area voters. In Muskegon County, 67 percent of the voters 
supported the 2008 ballot proposal legalizing the use of medical 
marijuana. At least 50 percent of the voters in every county in the 
state supported the measure.

Under the state law, licensed medical marijuana patients can possess 
up to 2.5 ounces of marijuana and have up to 12 plants growing in an 
enclosed, locked facility. Or they can have a registered caregiver 
grow the drug for them. Physicians must certify patients would 
benefit from the use of marijuana, but patients handle registration 
with the state and determine the amount of marijuana they will use 
and how they will obtain it.

More than 45,000 people are licensed medical marijuana patients in Michigan.

Communities and police have complained the state law is vague and 
pits supporters of medical marijuana against law enforcement and 
their neighbors. Police want better verification of authorization 
cards and most communities don't want businesses established to 
distribute or grow the drug.

Advocates claim nothing in the state law prohibits dispensaries and 
collective growing facilities, which is why local ordinances are so 
important and must be carefully developed.

Complicating the issue is the fact that federal laws ban the use of 
marijuana, although the Obama Administration has directed that 
federal law not be applied in the 14 states that have their own laws.

The Laketon Township ordinance treats marijuana harvesting as a home 
occupation by primary caregivers as described in the state law. The 
growers must deliver the marijuana to their patients. The township's 
intention is to ban commercial dispensaries or the development of 
marijuana clubs.

In Grand Haven and Spring Lake and Grand Haven townships, the 
ordinances also have clauses that provide for review or inspection of 
facilities. This should help with some law enforcement issues. These 
ordinances also prohibit marijuana facilities from locating near 
school or libraries in order to meet federal drug-free school zone 
requirements.

The benefit of all of these ordinances is that they allow the use of 
marijuana without letting it get out of control as it has in some 
other states. The Michigan ballot proposal wasn't sold as a way to 
develop new dispensary businesses or cannabis clubs. The argument was 
that marijuana would be effective in reducing nausea in cancer 
patients, easing glaucoma and improving appetite and sleep in AIDS 
patients. Legalizing marijuana would provide a choice for patients, 
it was argued.

The Chronicle Editorial Board has supported tightening the state law, 
particularly a three-bill package introduced by former Sen. Gerald 
Van Woerkom, R-Norton Shores, creating a system where users would 
have to get their marijuana from pharmacists under a prescription, 
and the quantity dispensed could not be more than a 60-day supply. 
The state also should apply any appropriate taxes to such businesses.

Until state lawmakers have the time to focus on this issue, local 
ordinances will need to do the job.  
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MAP posted-by: Richard Lake