Pubdate: Mon, 13 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

CONTINUED MORATORIUMS ON MEDICAL MARIJUANA DISPENSARIES MAKE SENSE AS
COURTS, LAWMAKERS HASH OUT LEGALITY

Flint officials did the right thing in extending for six months the
city's moratorium on allowing new medical marijuana businesses to open
their doors in the city.

Emergency Manager Michael Brown, who signed off on the ban that now
extends till Feb. 5, 2013, rightly noted the "uncertainties" that
surround the state's medical marijuana law, which include legal
challenges and the possible passage of new legislation.

Holding the line on more businesses that deal in medical marijuana,
while allowing those that already exist to continue doing business, is
a reasonable and fair approach while the courts and the state
Legislature deal with this matter.

As City Attorney Peter Bade noted, the city doesn't want to pass a
local law that might wind up in opposition to what the state
Legislature ultimately decides regarding these businesses.

In the meantime, we hope clarification of the law, whether through the
courts or through the Legislature, is forthcoming soon.

As we've said before, it's sorely needed.

As approved by Michigan voters, the Medical Marijuana Act allows
patients who are registered with the state to grow up to 12 marijuana
plants for their own use and to possess up to 2.5 ounces of dried marijuana.

Registered caregivers are allowed to grow up to 12 plants for each of
a maximum of five patients, but they must be registered to do that for
specific patients. While caregivers are not allowed to sell the
marijuana they grow, they are allowed to receive compensation for the
service they provide, which gives rise to the dispensary loophole.

At the dispensaries that have cropped up in Michigan since the act
took effect, the operators contend they are merely selling to
registered medical marijuana patients the excess product that
caregivers have on hand.

It's not clear that is legal, though.

In the state House, at least two bills are pending that would give
local governments the right to restrict medical marijuana
dispensaries. Likewise, the state's highest court is expected to rule
on the dispensaries issue sometime this year.

Until that happens, it's wise for local communities to hold the line
on new businesses of this sort.
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MAP posted-by: Matt