DON'T USE MORATORIUM TO BLOCK MARIJUANA

No one needed a crystal ball to predict that, after Michigan voters
approved medical use of marijuana by a strong majority in 2008,
resistance would follow.

Some comes in the form of questions. Opponents have many, and argue
that the law was too vague or silent on too many points, inviting
legal problems.

Those who believe voters understood what they were passing might
counter that anything not expressly prohibited ought to be allowed.

Until the state's court system ultimately sorts things out, a wise
approach to additional regulation would include caution.

However, it's important that state lawmakers, local elected officials
and law enforcement respect the decision of voters and proceed with
great care so as not to subvert the voters' intent.

Lansing officials last week said they are considering a moratorium on
commercial marijuana businesses after having considered possible
means of locally regulating such operations.

The Lansing City Council expects to take up the moratorium in
December; action would be preceded by a public hearing.

As of last week, there was not a set time limit for the moratorium.
Nor had the council clearly stated the nature of the additional
research needed to make a decision.

The LSJ Editorial Board already has cautioned the city to proceed
slowly. Fears of problems that have not developed should not be the
basis for regulation. And council members exercised sound reasoning
earlier this year when approving rules for operation of home-based
businesses growing medical marijuana. That reflects the law's intent
that individual caregivers be allowed to grow plants and supply
marijuana products for up to five registered patients. Treating
caregivers as any other home-based business concern made sense.

Commercial marijuana dispensaries are not specifically dealt with in
the 2008 law. There are no provisions for or against them.

That being the case, a moratorium to wait for a clearer picture to
emerge may seem wise. But a moratorium is, in fact, an action that
could have the effect of regulation. The city must not let such
restrictions drag on indefinitely. It must be specific about what
information it expects to acquire and indicate a reasonable time for that.

Although local officials believe a moratorium won't deny access to
medical marijuana, it seems quite likely that a long-term moratorium
would do just that.