Pubdate: Sat, 14 Jul 2012
Source: Voice, The (New Baltimore, MI)
Copyright: 2012 Journal Register Company
Contact:  http://www.voicenews.com/
Details: http://www.mapinc.org/media/5146
Author: Courtney Flynn

NEW BALTIMORE STILL MULLING MEDICAL MARIJUANA POSITION

The city of New Baltimore's marijuana moratorium is on the brink of 
expiring once again and council still hasn't voted on an ordinance 
that could allow the substance to be used for medical purposes.

At the July 9 council meeting, an ordinance that would allow the 
distribution, use, sale and cultivation of the substance in 
accordance with the Michigan Medical Marihuana Act was tabled once 
again. This time, the request came after New Baltimore Police Chief 
Tim Wiley said he had questions about the ordinance and asked that 
he, the fire chief and building inspector have input.

One concern Wiley expressed over the proposed ordinance was what 
rights a tenant had in a rental property if they were a registered 
medical marijuana caregiver. He questioned if a person was considered 
a resident if they were simply a tenant in a rental home or if their 
driver's license had to indicate they live within the city.

"I want to make sure the ordinance has some teeth to it," he said.

Wiley said he thought Fire Chief Ken Lawfield and Greg Nikkel, 
building official, should also have input in the ordinance, in large 
part because of the hazards grow lights and other growing equipment pose.

Councilwoman Susan Burkhardt also thought Nikkel's input would be 
beneficial to the city if the ordinance were to pass because of the 
damage that could potentially be done to homes if a grow operation is 
not properly set up.

"There needs to be some inspection and teeth to that," she said. "We 
need to address the damage to homes growing marijuana can do."

According to the tabled ordinance, no single parcel in a 
residentially zoned area would be legally allowed to have more than 
36 marijuana plants.

While Wiley expressed concerns, he also pointed out a medical 
marijuana ordinance in the city could be beneficial to the police 
department. He said with such an ordinance it would cut down on the 
costs of his officers tracking down every lead on a possible grow 
operation in the city.

City Attorney Jack Dolan added if this ordinance were passed there is 
also the possibility card holders and care givers would have to 
register with the city and police department. Dolan said he knows 
this raises some concerns regarding the Health Insurance Portability 
and Accountability Act, but added medical marijuana is still 
federally illegal so the city could use that as protection.

However, none of this will move forward if the ordinance is not voted 
on. The medical marijuana moratorium expires Aug. 1 and Clerk Marcia 
Shinska said if the revised ordinance is brought to the council by 
the July 23 meeting, she will add consideration of another medical 
marijuana moratorium to the agenda.

Before the council unanimously voted to table the ordinance again, 
Councilwoman Florence Hayman stated county law enforcement officials, 
such as Sheriff Anthony Wickersham and members of COMET, are against 
an ordinance allowing the presence of medical marijuana.

Councilmen Jeff Christie and Ken Butler voiced their opinions as 
well, stating Michigan voters chose to allow medical marijuana in 
this state and those that are ill should have the option to legally 
use the substance.

"Maybe there are people who want to follow the rules when they get 
sick," Butler said.
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MAP posted-by: Jay Bergstrom