Pubdate: Thu, 09 Jun 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: Marilyn Stephan, Mayor of the city of Berkley. MEDICAL POT LAW'S GRAY AREAS BLINDSIDE CITIES Michigan cities and citizens have been blindsided by the Michigan Medical Marihuana Act and its mislabeling as a "medical" act. The MMMA, passed by voters, became law in November 2008. The word "medical" implies that doctors would prescribe the drug for patients, who would take their prescriptions to pharmacies, where trained pharmacists would dispense the drug. Instead, new businesses named dispensaries and compassion clinics and clubs were opening. Cities passed ordinances that stipulated where dispensaries might locate. Yet, the MMMA contains no mention of dispensaries. Other cities passed ordinances that simply outlaw marijuana; many of them now face lawsuits. By March 2009, the Michigan Department of Community Health (MDCH) had determined the rules for implementation. It appeared to be a law that involved MDCH, doctors and their patients. However, by the end of 2009, elected officials, city administrators and city attorneys became aware that we faced an incredible dilemma: Cities would have to either pass ordinances to regulate the new law or have to deal with unregulated dispensaries. In Berkley, we realized that we would have to act. We spent hours discussing potential ordinances and other possible actions. We realized that whatever action we might take must be appropriate for the unique characteristics and population of Berkley. Our public safety officers, accustomed to enforcing laws based upon the federal classification of marijuana as a Schedule 1 substance, expressed frustration and concern regarding enforcement -- especially as it relates to neighborhoods and our youth. Laws are to be enforced, and that is the duty of all law enforcement officials. Yet a disturbing anti-law enforcement attitude is being expressed by some supporters of MMMA. It leads me to ask, "Who wrote the MMMA?" And did Michigan voters read the law before voting? The rights of patients and primary caregivers - -- and the numbers of plants each may possess -- are explained at length. However, the MMMA does not state where or from whom the plants may be obtained. Where will these and all qualified patient and caregiver activities occur? They will take place within the boundaries of local communities: cities, townships, villages. Yet the MMMA contains no language regarding how local government may exercise oversight, regulation or enforcement. In 2010, the Berkley City Council enacted two moratoriums while we continued to discuss alternatives. We attended conferences and consulted other city officials and legislators. The second moratorium ended this month. We adopted an ordinance that is appropriate for our small community, where most retail and commercial corridors are only a half-block deep. It is a simple ordinance that states that no license shall be issued to a business operation that violates federal law. This is a difficult time for all communities as we try to match decreasing revenues with increasing expenditures. Some will be spending their limited revenues on litigation. Hopefully, court decisions will provide answers. - --- MAP posted-by: Richard R Smith Jr.