ROYAL OAK CLOSER TO BAN ON MEDICAL MARIJUANA

ROYAL OAK - The city postponed a hearing for a woman who wanted to
open a medical marijuana dispensary before Royal Oak's moratorium on
such facilities expires next month.

While Angela Toma waited to talk about her proposed business, Mary
Jane's Flowers, 306 S. Main St., the City Commission voted 4-3 to
move toward banning medical marijuana under federal law.

"We'll see where it goes," Toma's attorney, J. Dallo, told the commission.

Although Michigan and 13 other states legalized medical marijuana use
for qualified patients, growing, selling and possessing marijuana
still violates federal law. Royal Oak took a step toward joining
about a dozen Michigan cities that have amended local ordinances to
prohibit land uses that violate federal law.

If the zoning change gets a second approval at the commission's Oct.
4 meeting, the city's medical marijuana ban will go into effect Oct.
14, which is two days before the 180-day moratorium expires.

"Because the possession and use of marijuana is illegal under federal
law, that will make the possession and use of marijuana - even
medical marijuana - a violation of the city zoning ordinance," City
Attorney David Gillam said.

Proponents said the ban is the best option for Royal Oak while the
courts and Lansing lawmakers sort out ambiguities in the state law
about growing and selling medical marijuana.

"This is just the beginning of the legislative and judicial process
that will change the law," City Commissioner Chuck Semchena said,
pointing to possibly precedent-setting raids at dispensaries in
Ferndale and Waterford along with state Senate bills that would
require the state to license growing facilities and limit dispensing
to pharmacists.

"We should adopt the ban because it can be changed in a year or two
when more things shake out," Semchena said.

City Commissioners Pat Capello, Terry Drinkwine and David Poulton agreed.

"My problem is with the state, which in its infinite cowardly wisdom
didn't set standards for the Department of Community Health to decide
how to supply this," Drinkwine said. "You can't buy cough medicine
with codeine and we're going to allow medical marijuana because
people think it's harmless."

Poulton said he is concerned about recreational marijuana users
getting certified as patients.

"The majority of Royal Oak residents voted for this, but they were
under the impression it was for patients with debilitating diseases,"
Poulton said. "Others are taking advantage of the confusion about the
law. They're taking advantage of pot docs who don't establish
patient-doctor relationships."

Mayor James Ellison and two other city commissioners voted against
the outright ban. They support a Planning Commission recommendation
that Royal Oak make two exceptions - one to allow qualified patients
to grow their own medical marijuana in their homes and the other to
allow a registered caregiver to grow it for patients at the patient's house.

The state law passed by voters in November 2008 allows patients to
grow up to 12 plants or caregivers to grow up to 60 plants for five patients.

"The Planning Commission was trying to find a compromise," said
Ellison, who also sits on that panel. "The intent is to allow
patients access to their own plants. We were trying to get away from
caregivers setting up and growing a bunch of plants for patients at
their (the caregivers') houses."

City Commissioners Michael Andrzejak and Jim Rasor favor the two
exceptions. Andrzejak said objections to medical marijuana have
focused on dispensaries, such as the grow operation proposed for an
industrial warehouse in the north end, and not patients quietly
growing their medicine at their houses.

"Since 2008 that has been happening in Royal Oak and I haven't heard
complaints about it or that it's starting a crime wave," Andrzejak said.

Rasor called the two exceptions "a unique option that solves some of
the problems" associated with the state law.

However, if Royal Oak's zoning change gets final approval in two
weeks, the city's certified patients and caregivers won't be allowed
to grow medical marijuana in their homes. Violators will be cited for
civil infractions and subject to monetary fines for the first, second
and third violations.

"It's not a criminal offense. You couldn't be arrested," Gillam said,
"but for the fourth or subsequent violation, it would be a
misdemeanor and you could be arrested."

Even so, the city attorney doesn't foresee qualified patients being
prosecuted under the proposed ordinance.

"I think it's safe to say it won't be a high priority for the city
given its dwindling resources," Gillam said.