Pubdate: Sat, 03 Sep 2011
Source: Flint Journal (MI)
Copyright: 2011 Flint Journal
Contact: http://www.mlive.com/mailforms/fljournal/letters/
Website: http://www.mlive.com/flint/
Details: http://www.mapinc.org/media/836
Author: Roberto Acosta, Flint Journal

BURTON TO CONSIDER MEDICAL MARIJUANA MORATORIUM, BUT WON'T SHUT DOWN DISPENSARIES

BURTON, Michigan -- Burton is considering changing its views on medical
marijuana dispensaries.

The City Council is expected to vote on imposing a 6-month moratorium
on any new dispensaries in the city, following a recent court ruling
that declared dispensaries illegal.

But moratorium or no moratorium, Burton officials say they have no
plans to close down four dispensaries already doing business in the
city.

"They're not in violation of our ordinance," said Burton Mayor Paula
Zelenko. "None of them have caused us any problems."

A moratorium would give the city more time to see the outcome of
recent marijuana-related court rulings, including an appeal filed by a
Mount Pleasant dispensary that has already been shut down.

"I would hate to issue a permit to someone, have them spend the money
to invest in a business and have to have them shut it down," said
Zelenko. "The Michigan law is in question, but the ruling is being
appealed. The law hasn't changed and they (dispensaries) are in
compliance with our ordinance."

Genesee County Prosecutor David Leyton said the findings by a
three-judge appellate panel in the Mount Pleasant case determined
patient-to-patient sales or transfers of marijuana are not allowed
according to the state's medical marijuana act.

While the ruling doesn't impact the ability of certified patients to
use marijuana, proponents of the drug say closing dispensaries makes
it more difficult for patients to get access to medical marijuana.

Leyton said his office won't take action against area dispensaries
unless asked to by local government officials or law
enforcement.

"I'm not going to tell them to make that a priority," said Leyton.
"With the number of homicides and other issues we have, those are the
priorities for me right now."

While Burton is looking at changes to its dispensary rules, some other
area governments are standing pat for the time being.

Flint City Attorney Pete Bade said the city has not taken steps to
close down any of its six dispensaries, adding he plans to evaluate
the Mount Pleasant ruling to determine if action needs to be taken.

Fenton Township operations manager and deputy clerk Thomas Broecker
said doesn't anticipate the need for changes to its ordinance.

"We have an ordinance in place that mirrors the state statute," he
said. "Since the state law never allowed for dispensaries, neither did
our ordinance."

The township last year banned licensed marijuana caregivers from
operating out of their homes or growing marijuana with other licensed
caregivers.

Broecker said the recent ruling "at least for the moment seems to
clarify if dispensaries are legal or not."

"The whole issue has been clouded in confusion since the state law
passed (in 2007)," he said. 
- ---
MAP posted-by: Richard R Smith Jr.