Pubdate: Thu, 25 Aug 2011 Source: Lansing State Journal (MI) Copyright: 2011 Lansing State Journal Contact: http://mapinc.org/url/qbTWpGoq Website: http://www.lansingstatejournal.com/ Details: http://www.mapinc.org/media/232 Author: Lindsay VanHulle, Associated Press contributed to this report. LANSING-AREA MEDICAL MARIJUANA SHOPS LOOK AT OPTIONS A Day After Ruling Bans Sales, Some Stay Open, Others Close In a corner of Lansing's Gone Wired Cafe, a group of nearly 50 medical marijuana patients and business owners sought an answer to a question that, for now, might not have one. What do we do? Hours after a Michigan appeals court panel Wednesday struck down dispensaries as a violation of state law, advocates of the 2008 referendum met at the Michigan Avenue restaurant to decide their next steps. Some have heeded the advice of local attorney Matt Newburg and closed their doors, perhaps indefinitely. Others are choosing to play their hand, staying open despite the risk of prosecution. How this will play out remains to be seen. The appeals court's ruling in an Isabella County case took immediate effect and essentially bars the sale of marijuana, something that is a main component of some shops' business models. The City of Lansing recently approved an ordinance governing marijuana dispensaries. But the ordinance is so new no licenses have been issued, although 48 applications remain in the pipeline. Some have paid a nonrefundable $1,000 application fee. City Attorney Brig Smith issued a written statement Thursday evening advising that, for now, no licenses will be issued. "I intend to send letters to medical marihuana establishments apprising them of the ruling and directing them immediately to cease any activities that are not in compliance with the Michigan Medical Marihuana Act, as interpreted by the Court of Appeals," he wrote. Smith did not return telephone messages left seeking comment Wednesday or Thursday. Danny Trevino runs two HydroWorld dispensaries in Lansing and said he is renting new space on South Cedar Street. Sales of marijuana only are part of his business plan, which he also said includes the sale of growing equipment and preparing paperwork for new applicants. But he doesn't plan to shut it down, nor stop selling marijuana. "We're still a full-service medical marijuana facility," Trevino said. "We're going to basically play it by ear." Many close in state Marijuana shops across the state have closed, although it was unclear Thursday how many remained open. Two Ann Arbor dispensaries were raided Thursday, although police claimed it had nothing to do with the Court of Appeals ruling. All dispensaries opened before Lansing City Council adopted its ordinance took a risk, said Brant Johnson, of the Greater Lansing Medical Marijuana Association. But those that rely more on sales or are less successful might disproportionately be affected. "This may completely damage them," he said. Lansing Mayor Virg Bernero decried the outcome Thursday in an official statement and on Facebook. Bernero called the court ruling a "train wreck of epic proportions" and criticized lawmakers for not clarifying the law in the three years since voters approved it. "The Legislature has left us to our own devices to struggle with the legal confusion that they dropped in our laps," the statement reads. "And now, after we have done what we thought was correct from a regulatory standpoint, the whole works is summarily tossed out by a court." Attorney General Bill Schuette said Wednesday he will notify prosecutors in all 83 Michigan counties about how to close dispensaries in the wake of the state Court of Appeals ruling in an Isabella County case. To Supreme Court Okemos attorney James White, who has represented medical marijuana cases, said that decision should be left to local prosecutors. He ultimately thinks the Michigan Supreme Court will take up the issue, even if it's not this case on appeal. "I think they have to," White said. "The communities are begging for some guidance in regards to how this is ultimately going to be resolved." - --- MAP posted-by: Richard R Smith Jr.