Pubdate: Wed, 26 Jan 2011
Source: Detroit Free Press (MI)
Copyright: 2011 Detroit Free Press
Contact: http://www.freep.com/article/99999999/opinion04/50926009
Website: http://www.freep.com/
Details: http://www.mapinc.org/media/125
Author: Bill Laitner, Detroit Free Press Staff Writer
Bookmark: http://www.mapinc.org/topic/Royal+Oak+City

ROYAL OAK'S SPLIT MARIJUANA VOTE SATISFIES NEITHER SIDE

A vote by the Royal Oak City Commission left advocates of medical 
marijuana pledging to sue the city but gave opponents of the drug 
less than the complete ban they had hoped to see passed.

The vote, which calls for strict limits on the use and distribution 
of the drug, came early Tuesday following 90 minutes of public comments.

"We made it very clear that someone using medical marijuana in Royal 
Oak would not be subject to criminal prosecution," Commissioner Chuck 
Semchena, a longtime foe of medical marijuana, said Tuesday. "This 
new ordinance merely prohibits the growing or distribution of marijuana."

The vote was a deep disappointment to fellow Commissioner Jim Rasor, 
who joined Mayor Jim Ellison in opposing the strict limits.

"I have no doubt that we will find ourselves in court, spending 
taxpayer money to defend our indefensible and illegal action, instead 
of spending that money on police officers and other necessary city 
expenses," Rasor said.

Said Royal Oak City Manager Don Johnson: "I think we would've been 
sued no matter what we did."

The ordinance change stopped short of a proposal that medical 
marijuana users feared might ban the drug entirely. The seven-member 
commission tentatively passed that proposal last fall at what is 
called the first reading of a new ordinance. It was based on the 
Livonia model and, in effect, would have banned any use of medical 
marijuana, City Attorney David Gillam told commissioners last year.

The American Civil Liberties Union of Michigan has sued Livonia, 
along with Birmingham and Bloomfield Hills, for passing such 
ordinances, on behalf of a Birmingham couple who said they have 
state-approval cards for treating their health conditions with 
medical marijuana but fear using or growing the drug in the three cities.

Lyon Township, which has a similar de facto ban, was sued this month 
by a resident who has a state-approval card for using the drug, 
Grosse Pointe attorney Paul Tylenda, who said he is representing the 
man at no charge, said Monday.  
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