COMMISSION WILL TAKE SECOND SHOT AT EVICTING MEDICINAL POT-GROWER

The Niles Housing Commission on Tuesday said it would take a second
shot at evicting a resident growing marijuana in a public housing
unit for medicinal purposes.

Last week, the commission dismissed its first cast against defendant
Steve Allain after he raised "technical and procedural" defenses,
according to commission attorney Michael Bell. Bell said Tuesday that
the commission will refile their motion Wednesday.

The housing commission served a 14-day eviction notice to Allain in
late June. While growing marijuana for medicinal purposes is legal in
Michigan, the funding for the housing unit comes from the federal
government, which does not allow it.

Refiling the complaint, Bell said, is a way to address all of
Allain's procedural defenses without having both parties argue them in court.

"Rather than allow the argument to be about policy or procedure,"
Bell said he wanted to see the issue come down to the matter of the law.

Under the Michigan Medicinal Marijuana Act passed in 2008, those
suffering from specified medical conditions and subsequently
permitted to take part in the state's sponsored program are allowed
to grow and use marijuana to alleviate symptoms related to those illnesses.

But the state law exists only in the shadow of federal regulations
and because the commission's public housing units fall under federal
guidelines the commission believes having the drug on the property is
grounds for eviction.

Louis Berra, field office director for the Grand Rapids HUD office
said last week that when it comes to federal policy, the stipulations
have not changed.

"It's up to management," he said. "That no plants are being grown
within the unit."

An eviction was served and months have passed with no resolution to
the situation.

It is the matter of the federal law superseding the state law that
Bell said he'd like to see focused on.

"Those are the issues that need to be argued," he said.

Immediately after defenses were raised, Bell said the commission
served yet another notice of eviction, a total of 60 days time for
the resident to make other arrangements.

Upon refiling, Bell said the court will set a date for an initial
hearing. It was his desire, he said, to come to an agreement with
opposing counsel to have the motion served and take the matter
directly to the court.

"I'm asking the court for this to be based upon the law," he said.

[sidebar]

HOW MEDICAL MARIJUANA IS DEFINED BY LAW

To define what Michigan considers as acceptable, here is the law
according to Section 333.26423 of the Michigan Medicinal Marijuana Act:

"Debilitating medical condition means one or more of the following:
Cancer, glaucoma, positive status for human immunodeficiency virus,
acquired immune deficiency syndrome, hepatitis C, amyotrophic lateral
sclerosis, Crohn's disease, agitation of Alzheimer's disease, nail
patella, or the treatment of these conditions."

"A chronic or debilitating disease or medical condition or its
treatment that produces one or more of the following: cachexia or
wasting syndrome; severe and chronic pain; severe nausea; seizures,
including but not limited to those characteristic of epilepsy; or
severe and persistent muscle spasms, including but not limited to
those characteristic of multiple sclerosis."

"Medical use means the acquisition, possession, cultivation,
manufacture, use, internal possession, delivery, transfer, or
transportation of marihuana or paraphernalia relating to the
administration of marihuana to treat or alleviate a registered
qualifying patient's debilitating medical condition or symptoms
associated with the debilitating medical condition."

"A qualifying patient who has been issued and possesses a registry
identification card shall not be subject to arrest, prosecution, or
penalty in any manner, or denied any right or privilege, including
but not limited to civil penalty or disciplinary action by a business
or occupational or professional licensing board or bureau, for the
medical use of marihuana in accordance with this act, provided that
the qualifying patient possesses an amount of marihuana that does not
exceed 2.5 ounces of usable marihuana, and, if the qualifying patient
has not specified that a primary caregiver will be allowed under
state law to cultivate marihuana for the qualifying patient, 12
marihuana plants kept in an enclosed, locked facility."