Pubdate: Tue, 25 Jan 2011
Source: South Oakland Eccentric (MI)
Copyright: 2011 Observer & Eccentric Newspapers
Contact: http://www.hometownlife.com/contactus
Website: http://www.hometownlife.com/section/NEWS20
Details: http://www.mapinc.org/media/5175
Author: Jeremy Carroll, C & G Staff Writer
Bookmark: http://www.mapinc.org/topic/Royal+Oak+City
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)

ROYAL OAK OUTLAWS MEDICAL MARIJUANA USERS FROM GROWING

ROYAL OAK -- Royal Oak will not allow individual patients and 
caregivers to grow medical marijuana, but will allow card-carrying 
patients to smoke the drug in their home, according to an ordinance 
passed by the body in the early morning hours of Jan. 25.

City Commissioner Dave Poulton originally proposed extending the 
current moratorium for one year, but wanted to outlaw the growing of 
medical marijuana in neighborhoods, which led to the ordinance.

Because city officials passed a somewhat similar ordinance in 
September on a first reading, the passage here by a 4-3 margin gave 
the measure final approval. It becomes law after 10 days have passed.

The ordinance is a replica of one that had been passed by Bloomfield 
Township, which was sued by the American Civil Liberties Union over 
the measure. The city had originally passed what is described as the 
Livonia model, which completely outlaws medical marijuana in the 
city. That ordinance is also subject of litigation by the ACLU.

"I think we are going to take a lawsuit either way," said 
Commissioner Patricia Capello. "I don't want to mess around anymore."

Capello sided with Poulton, Chuck Semchena and Terry Drinkwine in 
passing the ordinance. Mayor Jim Ellison and commissioners Jim Rasor 
and Mike Andrzejak dissented on the issue.

The passage of the ordinance ends an almost year-long discussion on 
the topic, which started last March when the Plan Commission 
recommended the City Commission approve a special zoning ordinance to 
allow medical marijuana facilities along the Woodward Avenue corridor.

Ultimately, the City Commission rejected that recommendation, and 
enacted a moratorium, which was subsequently extended, on medical 
marijuana facilities being approved in the city. It didn't block 
individual users from growing or using marijuana in their homes, as 
spelled out in state law that was passed in 2008.

A second extension of the moratorium was scheduled to end Feb. 13.

Andrzejak did not want to extend the moratorium any further, but 
objected to the final ordinance that was passed.

"We'll be back here one year from now, kicking the can down one more 
year," he said, if another moratorium was passed.

Andrzejak and Ellison both serve on the Plan Commission, which made 
the first proposal and subsequent ordinance proposal that would allow 
an individual patient to grow marijuana in their home, and a 
caregiver could assist in that growing, but only in the patient's 
home. The City Commission never took up discussion on that ordinance proposal.

Ellison said he was concerned the issue would land in court, and they 
would lose.

"If we end up in court and lose, not only are we going to have to pay 
that person, but they'll get their way too," Ellison said. "The court 
will decide how we should handle this, and not us."

Semchena said it was his intent that he didn't want to see any house, 
condominium or apartment in the city become a grow facility for 
medical marijuana.

"I don't think state law forces us to allow it," he said.

The long discussion on medical marijuana was mostly calm and civil, 
but there was an outburst from the audience as Semchena was 
discussing the volume of medical marijuana that could be produced by one plant.

"That's preposterous," a member of the audience shouted, calling 
Semchena's description a "mischaracterization." When Ellison 
threatened to have the man thrown out of the meeting, he left voluntarily.

There were supporters on both sides of the issue, including many 
civic leaders who were pushing for a similar solution that was 
ultimately passed.

Gary Briggs, a member of the Save Our Youth Task Force and the Royal 
Oak Neighborhood Schools Board of Education president, said there 
were too many unanswered questions about the law.

"They need to be answered in the court of law," he said.

A small number of patients spoke about the drug, and two attorneys 
also cautioned the city on their move.

Attorney Neil Rockind said the ordinance was a "grave mistake" and 
the city would be sued on the issue.

"You will see me again if you limit where caregivers grow," Rockind 
said. "It's an important time for this progressive city to be 
progressive, and not reactionary."

Former City Commission member Laura Harrison asked the body to go to 
the voters for an answer.

"It's such an important thing, I don't think it's something we should 
rush into because we'll regret it," she said.  
- ---
MAP posted-by: Richard Lake