ANN ARBOR CITY COUNCIL PLACES MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES

Although state of Michigan voters approved use of medical marijuana,
municipalities across the Great Lakes region are grappling with how
to ensure the health, safety and welfare of all its citizens when it
comes to zoning issues and dispensing the drug.

On Aug. 5, Ann Arbor became the next city to begin dealing with the
issue by placing a 120-day moratorium on businesses dispensing
medical marijuana on city property while they sort out the details of
zoning issues.

"The proposal does not seek to keep patients or caregivers from their
medicine," said council member Christopher Taylor. "It's a question
of land use."

The council began the process in front of a packed chamber filled
with proponents of medical marijuana who were concerned that the
moratorium was placed on the agenda the night before the meeting,
giving them little notice of the proposed action.

In fact, several council members were taken by surprise as well,
saying they were not aware that the measure would be on the agenda.

Check Ream, an activist heavily involved in ballot initiative,
reminded council members of medical marijuana's overwhelming
popularity in the city, adding that hundreds of people depend on the
use of medical marijuana.

He said there are about a half-dozen "compassionate care centers" in
the area, although city staff was not aware of the exact numbers.

Gershom Avery said the City Council was trying to "undermine our
state law with little or no notification."

Several medical marijuana patients implored the council to reconsider
the ban, saying it was "taking away our medicine."

"This is about health care, not politics," said Brandy Zink.

The moratorium was prompted by inquiries "concerning the use of
property and structures in the city as facilities for dispensing and
cultivating medical marijuana."

The problem Ann Arbor is having is its zoning ordinance doesn't
"specifically provide for properties or structures to be used as
facilities for dispensing or cultivating marijuana plants for medical
or any other purposes," according to the resolution.

The problem arises because although the law allows patients and
primary caregivers to possess and grow specific amounts of marijuana,
it doesn't specifically provide for facilities for dispensing or
cultivating it.

In addition, federal law contains no provisions for dispensing or
cultivating marijuana for medical or any other purposes.

The temporary ban prohibits the start-up or expansion of any
facilities on city property.

This does not apply to:

*A dwelling where a qualifying patient resides and is cultivating up
to the maximum number of permitted marijuana plants for personal use
or possesses up to the maximum amount of marihuana permitted for personal use.

*A building, structure or other dwelling where no more than one
qualified patient or primary care giver is cultivating or possesses
up to the maximum number of marijuana plants or amount permitted.

City staff and the Planning Commission were instructed to make
recommendations for ordinance amendments.