Pubdate: Wed, 22 Feb 2012
Source: Daily Mining Gazette, The (Houghton, MI)
Copyright: 2012 The Daily Mining Gazette
Contact: http://drugsense.org/url/hKo00iu5
Website: http://www.mininggazette.com/
Details: http://www.mapinc.org/media/1318
Author: Kurt Hauglie, DMG Writer 

NO MED. MARIJUANA ORDINANCE FOR CALUMET

CALUMET - There will be no ordinance covering the dispensing of
medical marijuana in the village of Calumet, at least for now, after
discussion on the issue Tuesday by the village Board of Trustees.

Trustee and ordinance committee member Dave Geisler told the other
members the committee examined the current state law and two draft
ordinances supplied to them and determined the state law was adequate
to cover any situations which may present themselves in the village.

Geisler said the committee in discussing the issue considered the
possible actions of caregivers and patients, and the possibility of a
business created to cater to needs of those people.

"What we did was examine the (Michigan Medical Marihuana) act itself,"
he said.

In 2008, Michigan voters overwhelmingly approved the Michigan Medical
Marihuana Act, which allows licensed medical practitioners to
recommend to the state some patients be allowed to use marijuana for
medical treatment, and to allow people approved by the state to use
it.

Geisler said the restrictions on caregivers and patients in the law
are adequate enough to allow any violators in the village to be
covered by the law, and any ordinance the village could pass would be
redundant.

There was a case in downstate Isabella County involving a medical
marijuana club in which members could buy marijuana from each other
and the club charged a fee to members. The case went to court, and it
was determined the club did not conform to the state law, which does
not allow patients to sell marijuana to each other.

State law allows caregivers to have 2.5 ounces of marijuana per
patient, and the court determined there was too much marijuana on the
premises of the club to conform to that requirement. It was also
determined the fee the club charged amounted to a sale.

Because of that case, Geisler said the ordinance committee determined
the state law would be adequate to cover any similar situations in
Calumet.

Trustee Jonathan Pressel asked Geisler if the law addressed where
caregivers should be located in a community, and Geisler said it didn't.

"You can have a caregiver or patient anywhere," he
said.

However, Geisler said other laws regarding use of drugs had to be
followed, including not smoking in public or on school grounds.

"We concluded the state law was sufficient to cover anything in the
village," he said.

No action was taken. The discussion was for council information
only.

On another issue, Trustee and CopperDog 150 board member Doug Harrer
asked the village board members if Oak and Portland streets between
Fourth and Fifth streets would be closed during the event for food and
drink vendors.

Harrer said Portage Health is creating a catering service, and it
wants to have a booth on Oak Street. Portage Health will donate all
the proceeds from the sales at the event to the village.

"They're a very gracious crew," Harrer said. "They're doing a lot for
CopperDog."

Board members voted unanimously to close Oak and Portland streets
between Fourth and Fifth streets for the CopperDog 150.

In other business, the board:

agreed to support the Downtown Historic Commission in its partnership
with students from Michigan Technological University to write grant
proposals to get funds to help enforce the village Dangerous Buildings
and Structures ordinance.

voted against purchasing terrorism insurance coverage for the village.
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MAP posted-by: Richard R Smith Jr.