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News (Media Awareness Project) - US MI: Cities Watching Outcome of Raids on Pot Clinics
Title:US MI: Cities Watching Outcome of Raids on Pot Clinics
Published On:2010-08-28
Source:Daily Tribune, The (Royal Oak, MI)
Fetched On:2010-08-29 03:01:37
CITIES WATCHING OUTCOME OF RAIDS ON POT CLINICS

Officials in cities that have yet to decide whether to allow medical
marijuana shops in their communities say they hope recent county
raids on homes and pot dispensaries in Ferndale and Waterford help
clarify the law.

Hazel Park's City Council this month enacted a 60-day moratorium on
marijuana businesses as they work to come to grips with the issue.

Hazel Park City Manager Ed Klobucher said the state's medical
marijuana law is vague.

"That's why this has been tough for cities to grapple with," he said.
"The law addresses caregivers, who can have 12 plants each for up to
five patients, and patients can have up to 12 plants. It doesn't say
anything about dispensaries."

Oakland County Prosecutor Jessica Cooper made the same point Thursday
when she joined Oakland County Sheriff Michael Bouchard for a news
conference on the 15 arrests made following raids at homes and the
Clinical Relief clinic in Ferndale, Everybody's Cafe in Waterford,
and a Macomb County warehouse.

"No dispensaries are authorized," Cooper said. "No co-ops are authorized."

Authorities said an undercover investigation revealed the suspects
violated the state medical marijuana law by either selling or buying
marijuana illegally.

Communities have struggled with how to zone marijuana businesses or
whether to ban them because many officials say the law is unclear and
there is a lack of direction from the state. The state has failed to
offer guidance on dispensaries or growing operations beyond that done
by individual caregivers and patients who are certified.

Court cases resulting from Wednesday's raids may resolve the
confusion communities are working through. Many see the impending
criminal proceedings as a test case to clarify the medical marijuana law.

Birmingham, Bloomfield Hills and Livonia are among the cities that
have banned any commercial marijuana operations because federal law
still prohibits the sale or possession on marijuana for any reason.

Other communities like Pontiac, Bloomfield Township and Royal Oak
have moratoriums on marijuana dispensaries and grow operations.

Royal Oak enacted a 180-day marijuana business moratorium back in
April and has yet to pass an ordinance on the issue.

The Royal Oak Plan Commission earlier submitted proposals to limit
marijuana businesses to certain commercial zones in the city.
However, the City Commission this month sent the matter back to the
Plan Commission after city Commissioner Chuck Semchena asked that the
city consider banning all marijuana businesses.

"The recent raids have brought more attention to the proposed ban,"
said Royal Oak Mayor Jim Ellison. "I agree with the county prosecutor
that the existing state law doesn't give us anything on marijuana
dispensaries."

Ellison said he hopes the recent raids result in a better
interpretation of the state marijuana law.

"I kind of expected somebody to do something," he said of the raids.
"They started the ball rolling. We'll see what happens."

Ferndale officials ended a moratorium and passed an ordinance
limiting pot shops to industrial and office districts two days before
the raids. One target was the Clinical Relief dispensary on Hilton,
which opened in June before the moratorium took effect.

Ferndale officials are expected to revisit the issue in the wake of
the raid at Clinical Relief, said Ferndale City Councilman Mike Lennon.

"The state law is vague and these legal cases will probably set
precedent for several issues," he said. "We have to figure out how to
solve this. I'm really disappointed this raid happened in Ferndale
because it gives legitimate caregivers a black eye."
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