COUNCIL SEEKS ADDITIONAL INFORMATION ON POSSIBLE MEDICAL MARIJUANA ORDINANCE

The East Lansing City Council is seeking additional input from the
city police department regarding a possible medicinal marijuana
ordinance following a work session Tuesday at which councilmembers
expressed slightly differing views of how the ordinance might be created.

The discussion was introduced by Assistant City Attorney Tom Yeadon
because the Michigan Medical Marihuana Act, or MMMA, which legalized
the possession of marijuana for medicinal purposes, does not define
how to deal with dispensaries. Among the possibilities discussed
Tuesday were allowing only home occupancy dispensaries, only
storefront dispensaries or banning dispensaries entirely.

Mayor Vic Loomis requested more information on how the East Lansing
Police Department feels regarding medicinal marijuana dispensaries in
the city, because it will be responsible for enforcing the laws.

"It seems regardless with whatever way we go, they're going to be
challenged," Loomis said. "(ELPD's) opinion is going to weigh heavily
on whatever decision I make. They're the people that have to make
whatever we do work."

East Lansing police Chief Tom Wibert said Monday he is in favor of the
city clarifying the law.

City staff came up with a sample ordinance to allow dispensaries as
home occupancies in East Lansing. The purpose of the sample ordinance
was to provide possible scenarios for the city to work with, should
one be passed at a later date.

"This might have an undesirable affect of moving these business into
residential neighborhoods," Yeadon said. "But it is meant to make it a
rather innocuous setting."

Councilmembers were hesitant to jump on the home occupancy plan, or
dispensaries at all, but Yeadon said voters chose to allow medicinal
marijuana with the passing of the MMMA in 2008.

"If we don't allow it and we prosecute people for doing what they're
doing, we are in violation of state law," he said.

The discussion was brought to council because there is belief the MMMA
is ripe for abuse, Yeadon said.

Restrictions on the home occupancy dispensaries in East Lansing would
include a caregiver - a person authorized to grow and sell marijuana
to registered medicinal marijuana patients - living more than 1,000
feet away from a school and have no more than two patients in the home
at any given time.

Despite the suggested restrictions on the home occupancies to make
observing the dispensaries easier for police, the council requested a
report by the police department.

Most of the council ended the discussion undecided, but open minded.
Councilmember Nathan Triplett said he would prefer a special use
permit and the use of a storefront.

"Dispersing it into the neighborhoods, where it's all difficult to
monitor, seems to be problematic for me," Triplett said. "A public
space, the police can check on it all the time. I have a strong
opinion the more we can put this in a place that can be easily
monitored, the better."