Pubdate: Wed, 07 Nov 2012 Source: Kalamazoo Gazette (MI) Copyright: 2012 Kalamazoo Gazette Contact: http://drugsense.org/url/vggfBDch Website: http://www.mlive.com/kzgazette/ Details: http://www.mapinc.org/media/588 Author: Emily Monacelli KALAMAZOO MEDICAL MARIJUANA DISPENSARIES FACE LEGAL HURDLES DESPITE CHARTER AMENDMENT'S OVERWHELMING PASSAGE KALAMAZOO, MI -- Calls already are flooding city offices requesting information about receiving a license for a medical marijuana dispensary since the charter amendment's 2-to-1 passage on Tuesday, but city officials and proponents say it won't be that easy. The citizen-initiated charter amendment allowing three medical-marijuana dispensaries had 13,569 votes in favor to 7,542 no votes, according to unofficial results. "At this point it's a little premature and also there are some open questions in the (language) itself," said Kalamazoo City Attorney Clyde Robinson. "There is a legal cloud over whether dispensaries are lawful in Michigan," Robinson said. "Currently the state of law is that they are not and I don't think voters can change the law at the ballot box." The initiative calls for a licensing system to regulate dispensaries. Dispensary owners would pay an annual $3,000 registration fee to the city. Dispensaries would have to be located in "visible store-front locations in appropriate commercial districts," according to the proposal, and would have to be at least 500 feet from pre-existing public schools, private schools or other dispensaries. Kalamazoo has allowed caregivers to grow and provide medical marijuana to patients, but not commercially. In September 2010, city commissioners added language to the zoning ordinance to establish licensed dispensaries as home-based occupations. "I'm overjoyed that it passed and I'm really proud that Kalamazoo is part of the broader conversation on drug policy reform, particularly marijuana," said John Targowski, a Kalamazoo-based attorney who specializes in Michigan's medical marijuana law and who helped author the proposal. Targowski noted that Kalamazoo was one of five initiatives around the state that passed. In Ypsilanti, marijuana is now the lowest law enforcement priority. Grand Rapids voted to make marijuana possession a $25 civil infraction. In Flint and Detroit, voters passed a law decriminalizing possession of less than an ounce of marijuana. Washington and Colorado also legalized recreational use of marijuana. "Kalamazoo got to be part of something bigger than medical cannabis dispensaries in the city," Targowski said. He called the measure's passage by a 2-to-1 margin a testament to "how reasonable regulation can go a long way to satisfy people's concerns" over medical marijuana, which has been a public concern. Targowski called the passage "only the beginning" for establishing dispensaries in Kalamazoo. He anticipated having to take the city to court to implement the charter amendment and said he would await a decision from the Michigan Supreme Court, which will rule on whether dispensaries are legal under the state's 2008 medical marijuana law. Last year, in the State of Michigan v. Brandon McQueen, the Michigan Court of Appeals ruled that medical marijuana dispensaries are illegal. "Politically I'd like to say we've got to step on the gas pedal and make the city implement this policy but legally I know they're not going to implement it today or tomorrow," Targowski said. Targowski said he has received at least 25 calls in the last 30 days from people interested in trying to get a license. Some are existing caregivers and some have dispensaries in other cities. "There's a gamut of people that are interested," Targowski said. "That's something that actually I didn't expect. I'm really surprised at how much direct interest there is in (receiving) a license." Robinson also is waiting to hear the Supreme Court's decision on the McQueen case. Robinson noted that results have to be certified by the Board of Canvassers. He also raised questions about the dispensaries having to be located in an "appropriate commercial district," saying the city may have to adopt a zoning amendment to establish what that is. "At this point there's a lot of unanswered legal questions despite people wanting to know what are the next steps," Robinson said. "I don't have any answers at this point." - --- MAP posted-by: Jay Bergstrom