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News (Media Awareness Project) - US MI: Still Hazy on Pot Law: Medical Marijuana Presents
Title:US MI: Still Hazy on Pot Law: Medical Marijuana Presents
Published On:2010-04-05
Source:Lansing State Journal (MI)
Fetched On:2010-04-06 04:52:31
STILL HAZY ON POT LAW: MEDICAL MARIJUANA PRESENTS CHALLENGES

Local Governments Try to Find Ways to Manage Legal Use

Lansing Councilwoman Carol Wood drives by vacant houses and wonders
if someone could convert a dwelling into a place where the terminally
ill could smoke medical marijuana.

Constituents are asking whether they can rent property to help others
under the guidelines of the Michigan Medical Marijuana Act, which
voters approved in November 2008.

However, the guidelines present an agility test considering marijuana
is a narcotic substance.

"This is a whole new area," Wood said. "We're just in the mode of
gathering information. You have to figure out how to best utilize
(the legislation) in your community."

Communities across the state - including mid-Michigan - are grappling
with the law, proposing resolutions and ordinances to guide their
management of medical marijuana use within their boundaries.

Lansing, East Lansing and Charlotte have nothing on the books right
now but are considering new rules. And they're closely watching the
fallout in other places such as Grand Rapids that have studied zoning
changes to address the law.

Mike Woodworth is an attorney with the Hubbard Law Firm, which has
dispatched attorneys across the state to help counties, cities,
townships and villages manage orderly communities because while
medical marijuana use is legal under Michigan law, the use of
marijuana also violates federal drug mandates.

"One of the first things that we try to do is educate our audiences
on the major parts of this new legislation," Woodworth said.

During his sessions, Woodworth's main reminder is that 63 percent of
voters cast ballots for the passage of medical marijuana use.

However, "we're getting calls from people who are wanting to set up
dispensaries," said Billie O'Berry, Lansing's assistant city
attorney. "We need clarification. The act does not address
dispensaries or compassion clubs."

Proposal Coming

City officials plan to present soon a proposal that would guide
Lansing's management of the new medical marijuana legislation. Both
the public and officials will have a chance to provide input on the draft.

"We want to comply with the law," O'Berry said. "We will be moving
forward in the very near future to adopt a uniform response."

She and other local attorneys are observing the tactics taken by
other communities. In November, Grand Rapids approved a six-month
moratorium on the distribution of medical marijuana.

Suzanne Schulz, Grand Rapids' planning director, said the city has an
ordinance that would allow registered caregivers to administer
medical marijuana as a home occupation.

East Lansing is considering a similar application of the law, while
Charlotte is considering a proposal that would address several
issues, such as property upkeep and ways to keep teens from hanging
around in the vicinity of a medical marijuana location.

"What we want to attempt to avoid are the attraction of problems that
I think might be associated with people that are coming to those
locations," Charlotte City Manager Gregg Guetschow said.

Williamstown Township officials have not halted operations of the
Green Leaf Smokers Club, where caregivers administer medical
marijuana from a small business building that sits across from a park.

"We're doing quite well," founder Wayne Dagit said. "I know that I'm
doing God's work."

Township officials did not return phone calls for this story. They
have said previously they are investigating whether it's legal for
the club to operate.

"My advice to them would be to put together an ordinance (that) any
business possession is still a federal law violation," said Ing-ham
County Sheriff Gene Wriggelsworth, who is upset with Michigan's
voter-approved marijuana law. "It's just a joke. It's a scam.
Everybody knows it."

Residents have their own concerns. Williamston resident Robert Wygant
said his worries stem from the youngsters who gather at the park
sitting across from the Green Leaf Smokers Club.

"The kids play volleyball all summer long," he noted.

A 'Learning Curve'

William Matthewson, general counsel for the Michigan Municipal
League, said it will take some time for the dust to clear.

"Obviously, the legislation has an impact on local governments," he
said. "There are elements of the law that need to be analyzed from
the local government point of view.

"Everybody is going through that learning curve."

[sidebar]

BY THE NUMBERS

11,261

patient registrations issued to participate in Michigan's new medical
marijuana program

4,905

caregiver registrations issued

approximate number of applications received daily

Source: Michigan Department of Community Health, figures as of March 19
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