Pubdate: Thu, 05 Jan 2012
Source: Ann Arbor News (MI)
Copyright: 2012 The Ann Arbor News
Contact: http://www.mlive.com/mailforms/aanews/letters/
Website: http://www.annarbor.com/
Details: http://www.mapinc.org/media/20
Author: Tom Perkins

YPSILANTI RELICENSES MEDICAL MARIJUANA FACILITIES AMID STATE-LEVEL
FIGHT OVER LEGALITY OF OPERATIONS

Ypsilanti's medical marijuana dispensaries can continue to operate for
another year with the city's approval.

Now, all parties will see what 2012 holds at the state level for the
Michigan Medical Marihuana Act of 2008. Dispensaries and commercial
grow operations aren't addressed in the legislation and have been at
the center of the debate between proponents and those seeking to limit
the act.

In December, city staff relicensed all four Ypsilanti dispensaries and
one grow operation that has yet to open. City Planner Teresa Gillotti
said there have not been issues at any of Ypsilanti's dispensaries and
they all passed licensing inspections from multiple city
departments.

"We haven't had any problems with police calls or anything of that
nature, so we're going to continue until there's a little more clarity
from the state or courts on how we should proceed one way or the
other," she said.

The city took months in determining how to regulate dispensaries
through zoning and licensing ordinances.

Because of local zoning restrictions put in place by staff and City
Council, twelve dispensaries could potentially open in Ypsilanti, but
only four have done so over the past year. The 3rd Coast Compassion
Center at Hamilton and Pearl streets was the first dispensary in
Michigan to open and the first in the state to receive a dispensary
license from a local municipality in June.

Although there have been multiple raids at medical marijuana
dispensaries throughout the state last year, including at two Ann
Arbor facilities, Jamie Lowell, a partner at 3rd Coast, said that his
business has never closed.

He praised Ypsilanti for working with the medical marijuana community
while developing zoning ordinances.

"The city has been great," he said. "We feel very proud to be here and
we think that it's a progressive, open-minded city. That's how they're
acting with this issue."

Lowell and medical marijuana advocates' issues have been with State
Attorney General Bill Schuette, who campaigned against the MMMA prior
to serving as attorney general and has sought to restrict and limit
the act since being elected.

Lowell is part of the Michigan Association of Compassion Centers
(MACC), which charges Schuette's interpretation of the MMMA limits its
intent - to provide easily accessible medicine to patients who need
it. Advocates say that includes allowing patients access through
dispensaries and commercial operations.

MACC is supporting the concept of a local option that wold leave
regulating dispensaries and grow operations to local
municipalities.

Lowell said that would help solve local municipalities' dilemma over
how to handle commercial operations.

"A city or town could decide to take advantage of the economic
development opportunities and embrace the allocation of commercial
space as Ypsilanti has done. The safe access points such as 3rd Coast
would then be recognized by the state," Lowell said. "This would make
a lot of things much easier for municipalities struggling with what to
do and what they can do."

Voters in all but one ward in Ypsilanti approved the MMMA by at least
80 percent.

"There seems to be majority support in most cities and towns by the
local leaders to respect the will of their constituents and help to
carry out the purpose of the law, but the uncertainty and
misinformation from the attorney general's office and elsewhere makes
it a much more difficult task than it really should be," Lowell said.

Proposed draft legislation circulating in Lansing states "a dispensary
that has been granted a municipal registration or license, or that is
otherwise allowed by municipal law, and the dispensary's dispensary
agents acting on its behalf, shall not be subject to criminal
penalties under any state law . "

It continues with variations of some of the regulations that are
included in Ypsilanti's zoning ordinance, such as prohibiting
dispensaries from operating in residential zones.

The draft legislation is one of dozens of pieces of legislation
related to the MMMA that are at various stages in the legislative
process, and the Michigan Supreme Court will soon hear several cases.

Until a final decision on dispensaries arrives from the state,
Ypsilanti will continue down a cautious path, Gillotti said.

"We're continuing monitoring what's going on with a variety of court
cases and we've seen a few opinions come down," she said. "We feel
that the dispensaries in Ypsilanti are complying as much as they're
able to, but it's still very murky." 
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MAP posted-by: Jo-D