REPORT: POT LAW HAZY FOR LOCAL GOVERNMENTS

A new report on Michigan's medical marijuana law spells out what many
local officials already know: The law pressures local governments to
determine how to incorporate permitted marijuana use in their communities.

The report, titled A Local Government View of the Michigan Medical
Marihuana Act, was written by attorney Gerald A. Fisher following
months of questions about the law -- including several by officials
in Livingston County.

The Michigan Medical Marihuana Act was made law in 2008, when voters
approved a ballot initiative to allow patients with debilitating
illnesses to grow and possess marijuana for medicinal purposes.

Fisher's report, issued this month, was commissioned by the Michigan
Municipal League, an advocacy group for Michigan's cities, townships
and villages.

The report argues the law doesn't clearly outline what local
governments can do to abide by the law while protecting children and
the general public from an otherwise illegal substance.

For example, Fisher noted, the law allows children to be medical
marijuana patients, and to cultivate and legally smoke marijuana. The
law also allows plumbing, electrical and fire inspections to be
bypassed at buildings where medical marijuana is distributed, Fisher added.

On a local level, the law doesn't outline for caregivers the allowed
size of a building or number of caregivers who can occupy a building
to distribute the drug for medical purposes, Fisher said.

That, he said, creates a potential headache for local governments to
enforce zoning rules and regulate where and how large such facilities can be.

"Issues such as these should be subject to regulation within local
government's customary scope of zoning and other regulatory
authority," Fisher writes.

Several Livingston County communities have grappled with applying the
voter-approved measure to local zoning rules.

Green Oak Township hopes to settle the issue with a proposed
zoning-ordinance amendment that would incorporate medical marijuana
use, possession and growth into the township's rules for building uses.

At least five other county communities -- Brighton Township, Hartland
Township, Brighton, Howell and Pinckney -- have either approved
moratoriums while zoning rules are reviewed or simply zoned-out
buildings where marijuana would be smoked or dispensed.

Fisher said an example of an ordinance allowed under the law would be
restricting the distance between buildings where medical marijuana is
distributed and churches, schools, residential areas and parks.
Others would be restricting medical marijuana activities in specific
zoning districts and amending home-occupation rules to allow
caregiver operations.

Fisher said local governments are conflicted between enforcing
federal law and state law. To avoid that confusion, local communities
can request a federal judgment to uphold federal anti-drug laws in
opposition to the state act, he said.

The state law doesn't protect users or their caregivers from federal
prosecution or from having their marijuana seized by federal authorities.

Fisher said the marijuana act forces local law enforcement to
identify whether growing and usage of the drug is being done
illegally or under the act -- a process he said is time-consuming and
absorbs considerable police resources.

He said that task is made more difficult because the law denies law
enforcement details about the identity and location of those
authorized to cultivate, distribute or consume marijuana.

Fisher suggested the Legislature hold hearings to discuss the issue,
and consider requiring the licensing and regulation of buildings used
by caregivers to grow and distribute the drug.

In his report, he predicted confusion on both sides of the issue will
lead to extensive and expensive court battles in the near future.

William Mathewson, general counsel for the Michigan Municipal League,
urged efforts to better define the law for local governments.

"This white paper is a valuable resource for local governments and
attorneys in assisting their communities to find, if not the best
answer, at least a direction to take with respect to implementation
of the act," Mathewson said.

Several compassion clubs and proponents of the state act argue local
governments are seeking to circumvent permitted medical marijuana usage.

Greg Francisco, president and founder of the Michigan Medical
Marijuana Association, has said local boards and councils don't have
the right to suspend growth and dispensation of medical marijuana
under the state law. He also said zoning laws don't apply to the
program because it doesn't involve business transactions.

The medical marijuana program is intended to allow patients with
debilitating illnesses to grow and possess marijuana for medical
purposes. Those approved receive cards that indicate their
participation in the program.

Those eligible for the program must have or be treated for ailments
that fall within three categories of debilitating illnesses. The list
includes cancer, glaucoma, Crohn's disease, agitation of Alzheimer's
disease and AIDS.

The law doesn't allow the state to supply patients with seeds or
starter plants, or give advice on how to grow medical marijuana.

View the report by typing
www.mml.org/resources/information/mi-med-marihuana.html into your Web
browser. Fisher's report is listed under "Resources."