Pubdate: Tue, 3 May 2011
Source: Mining Journal, The (Marquette, MI)
Copyright: 2011 The Mining Journal
Contact: http://drugsense.org/url/47fvxcMs
Website: http://www.miningjournal.net
Details: http://www.mapinc.org/media/4220
Author: Christopher Diem, Journal Staff Writer
Bookmark: http://www.drugsense.org/cms/geoview/n-us-mi (Michigan)

MARIJUANA ORDINANCE DEBATED

Proposed Marquette City Statute Meets Resistance at Public Hearing

MARQUETTE - Marquette city officials will tweak the city's proposed 
medical marijuana dispensary ordinance after a number of citizens 
said they had concerns with it.

At a public hearing Monday about half a dozen people spoke out about 
the ordinance. Most of them said it was too restrictive.

"Your proposed ordinance seeks to make it more restrictive. It is 
unenforceable. It is not in keeping with the wishes of this 
community," said Marquette resident Brian Bloch. He said according to 
voting records about 72 percent of the residents in the city voted in 
favor of Michigan's Medical Marihuana Act in 2008.

Negaunee resident Stan Plis questioned the ordinance's rule that 
dispensaries be 1,000 feet away from schools. He asked why the same 
restriction does not apply to pharmacies.

"They're trying to do the same thing that I'm trying to accomplish. 
Supply a need to a patient and do it legally," he said.

Kurt Szyszkoski said the ordinance does not do enough to 
differentiate between a small-scale caregiver and a large-scale dispensary.

"A primary caregiving facility, just looking at the definitions in 
this draft ordinance, could be as little as one person growing for 
their disabled father who is a Vietnam veteran. This ordinance would 
require that person to rent a commercial facility. All the security, 
the cameras and everything. That's completely unreasonable for one 
person to do it if they're operating for nonprofit reasons," he said.

Marquette City Commission member Don Ryan said city officials are not 
trying to be more restrictive than they have to be. He said they are 
trying to provide a safe way for medical marijuana patients to 
receive marijuana under the state law while also protecting the 
interests of the rest of the citizens of the city.

"The vast majority of residents in Marquette will not be using 
medical marijuana and I think they are concerned with how this is 
going to impact their community. Not to stand in the way of people 
who are approved by the state to use it but marijuana is still a drug 
as far as the federal government is concerned. Any time you have 
drugs, you have crime, you have a lot of issues so we have to make 
some reasonable restrictions to protect a lot of other people in our 
community," he said.

Commissioner Johnny DePetro said the ordinance is not perfect. He 
suggested city officials look at medical marijuana ordinances from 
other municipalities like Ann Arbor, when revising its ordinance.

"It wouldn't hurt us at all to go back, get some guidelines from 
these other, more experienced, educated communities and work with 
that," he said.

Commissioner Jason Schneider agreed the ordinance needed more work.

"If we're getting these statements here tonight from potential 
business owners and current caregivers I think there are definitely 
some issues that we missed," he said.

City staff will revise the ordinance between now and another public 
hearing at the city's regular meeting Monday.

According to the ordinance, caregivers would have to apply for a 
dispensary license from the city clerk. The initial application fee, 
renewal fees and cultivation fees will be determined by a resolution 
of the city commission and be established by an annual budget resolution.

The license would allow city officials to conduct routine inspections 
of the dispensary or primary care operation. Dispensaries would not 
be allowed to operate between 7 p.m. and 7 a.m. and must be located 
outside of a 1,000-foot radius from any school - including any 
licensed facility with after-school programs - child care centers or 
daycare centers.

No more than five primary caregivers may operate from a dispensary 
and all medical marijuana must be contained in an enclosed, locked 
facility accessible only by the registered caregivers. The dispensary 
must also have security cameras and lighting to monitor all areas of 
the premises.  
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MAP posted-by: Richard Lake