MARINE CITY ADOPTS MEDICAL MARIJUANA MORATORIUM

The Michigan Medical Marijuana Act may have been approved by voters
two years ago, but that was just the first step in a long process for
many patients with debilitating illnesses. Men and women suffering
from conditions like cancer, hepatitis C and AIDS are still waiting
on Michigan legislatures to take the guesswork out of the law so they
can get the relief they need.

The Michigan Medical Marijuana Program is a state registry program
administered by the Michigan Department of Community Health. The act
provides for the afflicted person or a "designated caregiver" to grow
up to 12 marijuana plants. A registered caregiver can provide the
potent plant to up to five qualifying patients.

The vague language of the act is causing some gray areas many
communities aren't comfortable with. Municipalities like Marine City
have recently issued formal moratoriums on medical marijuana in their towns.

Earlier this month, the commission approved their own moratorium on
medicinal marijuana.

"This is an effort obviously to safeguard our position and giving
legislatures time to tighten up some loose ends in this law that is
questionably written, at best," said Mayor Bob Lepley.

Marine City Police Chief Don Tillery agreed that the law is poorly
written, leaving many unanswered questions regarding zoning and enforcement.

"We are waiting for the legislature to re-work the language," he
said. "The legislature is aware of this and they are doing their best
to change it. They are so close. Why try to pass something when, in a
couple of weeks, it will change?"

Part of the problem, Tillery explained, is because the law deals with
a medical issue, causing it to fall under the jurisdiction of the
Department of Community Health.

Many of the community health guidelines conflict with law enforcement
issues, making enforcement difficult, he said.

For instance, medical marijuana cards issued by the department have
no photo ID, making it impossible for police to tell if the card was
stolen or borrowed.

"Then they can check a box that says they don't want to show another
photo ID," said Tillery. "So then you can't check other forms of ID."

Tillery also said, as the law stands now, there is no provision for
marijuana delivery. By law, transporting the drug is illegal.

"Marijuana by the federal government is listed as an illegal drug on
the drug schedule, with no medicinal value," he said. "If the person
is listed as that patient's caregiver, how the transfer of marijuana
takes place is vague."

A case in point is a medical marijuana facility that opened in
Dryden, said Tillery.

"They opened a storefront and delivered marijuana to people with
cards," he said. "It was raided twice and closed down."

The only clear parameter currently is that a registered patient can
grow their own plants without stepping outside the law.

Concerning zoning, if a facility opens within 1,000 feet of the
school, it is in violation of a drug-free school zone, he said, but
the medical marijuana act doesn't specify which law applies.

"No one knows what the parameters are," he said. "You can't figure
out how to enforce it or live by it."

Commissioner Patrick Phelan urged the commission to look into
updating its own ordinance to ready themselves for what may come.

"Ultimately, the point of this is that our zoning ordinance does not
address this type of use at all," he said. "We need to provide time
to either come up with some kind of an ordinance amongst ourselves,
either with guidance from the MML or from additional legislature at
the state level."