Pubdate: Thu, 02 Aug 2012
Source: Flint Journal (MI)
Copyright: 2012 Flint Journal
Contact: http://www.mlive.com/mailforms/fljournal/letters/
Website: http://www.mlive.com/flint/
Details: http://www.mapinc.org/media/836
Author: Kristin Longley

CITY OF FLINT EXTENDS MORATORIUM ON MEDICAL MARIJUANA BUSINESSES

FLINT, MI -- The city of Flint has extended its ban on allowing new
medical marijuana businesses for another six months, bringing the
total span of the moratorium to more than a year.

Flint emergency manager Michael Brown signed off on extending the ban
last week, citing "uncertainties" around Michigan's medical marijuana
law pending in the state Legislature and in the courts.

The additional 180 days will "afford additional opportunity to review
this matter and, to the extent needed, adopt appropriate regulations
to protect the public health, safety and welfare," according to the
resolution signed by Brown on July 27.

The moratorium will expire Feb. 5, 2013.

Flint is one of many Genesee County communities, including Davison
Township, Mundy Township, Fenton, Swartz Creek and Linden, that have
adopted some form of moratorium medical marijuana businesses,
according to Flint Journal files.

Others have adopted ordinances. The city of Flushing, for example,
restricted the location of medical marijuana facilities to a small
area within the city's commercial zone.

Temporary bans on the businesses, such as the city of Flint's, "are
pretty typical" as communities are unsure how to regulate cannabis
operations amid changing state laws and pending court cases, said
Jeremy Rupinski, founder and president of the Genesee County
Compassion Club.

The club helps link medical marijuana patients with caregivers who
grow the drug.

Rupinski said he doesn't take issue with the city of Flint's
moratorium. The city was cooperative in allowing already existing
businesses to continue their operations under a "grandfathered" status
when the ban was first authorized by the Flint City Council in August
2011.

Rupinski said Michigan's medical marijuana law speaks to the personal
rights of patients and caregivers who are authorized to grow up to 72
plants for up to five other patients.

Businesses, on the other hand, are a different story.

"Communities do still have the authority to regulate businesses," he
said. "Communities have to make that choice to decide how they're
going to regulate it. It's important they allow people access while at
the same time regulating their communities." City Attorney Peter Bade
said the moratorium is simply a policy issue. The city doesn't want to
implement a local law that could ultimately contradict any state law
that is passed by the Legislature.

"It's so in flux right now," he said.

Currently, there are at least two bills pending in the state House
that would grant local governments authority to restrict medical
marijuana provisioning centers.

Under House Bill 5580, a "provisioning center" is a commercial entity
that "acquires, possesses, cultivates, manufactures, delivers,
transfers or transports marihuana and sells, supplies, or dispenses
marihuana to registered qualifying patients, directly or through the
patients' registered primary caregivers."

"(A) provisioning center includes any commercial property where
marihuana is sold to qualifying patients and their registered primary
caregivers," it says.

The Michigan Supreme Court is also expected to rule on the issue of
medical marijuana dispensaries this year.
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MAP posted-by: Matt