Pubdate: Wed, 21 Nov 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 ACTS ON MEDICAL MARIJUANA ORDINANCE

The city of New Baltimore has said no to medical marijuana, for now.

At the Nov. 14 meeting the council finally took action on a proposed
ordinance, after about two years of having a medical marijuana
moratorium. The ordinance, which was turned down by a 4-3 vote, would
have allowed the growth of up to 12 marijuana plants per cardholder in
the industrial center and the growth of up to six plants in a residence.

It was the growth of plants, specifically in a home, that drew the
most criticism from council members. Mayor Pro Tem Florence Hayman and
council members John Dupray and Karl Rutledge initially voted against
the ordinance, leaving a 3-3 vote. Mayor Larry Smith cast the deciding
dissenting vote.

Councilman Ken Butler said he thought six marijuana plants would
create a sufficient amount of medicine for a cancer patient; one of
the original ordinances suggested allowing the growth of 36 plants.

Rutledge immediately asked how that growth would be
enforced.

Attorney Jack Dolan said it is inherent that there would be problems
regulating growth, but he also said the city needed to move forward on
a marijuana ordinance, one way or another. He said action was needed
because courts across the state are finally ruling on cases throughout
the state and the Michigan Court of Appeals has said a municipality
cannot turn down a medical marijuana ordinance based on federal law.

"This is a lawyer's Pandora box," Rutledge said, adding that if the
initiative originally passed by voters in 2008 didn't specify where
medical marijuana should be grown he didn't think the city should
delve into it.

"They're not going to pull it out of their butt; they have to grow it
some place," Councilman Jeff Christie, who has been an advocate for a
comprehensive ordinance, said.

Following the rejection of the ordinance proposed by Butler, Rutledge
then motioned to have the medical marijuana ordinance drafted by the
Planning Commission adopted. This ordinance, which Christie said is
much more restrictive, doesn't touch upon growth in residential areas
and has the medical marijuana facilities basically concentrated in the
industrial center.

Council members didn't feel comfortable voting on the ordinance
without it in front of them, so it was tabled until the Nov. 26 meeting.
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MAP posted-by: Matt