DON'T USE ZONING TO BLOCK MEDICAL MARIJUANA

Holland, MI - We applaud the work of the Ottawa Substance Abuse
Prevention Coalition. Americans abuse many drugs, harming their lives,
their families and the nation. Marijuana has hazards too, the harms
for teenagers being greater than any other group. No teenager ought to
engage in its use.

Viewed in the context of all drugs, however, marijuana's potential
harms are mild for adults, its medicinal benefits generally
outweighing them. Therefore, Michigan voters -- by a 63 percent "yes"
vote -- passed an initiative in 2008 that decriminalized medical
marijuana (hereafter MMJ).

Yet despite the will of voters, some cities blatantly lash back at the
new law by continuing to treat MMJ as an illegal drug. An example: The
federal government enforces a policy of drug-free school zones,
increasing penalties within 1,000 feet of schools. Municipalities
build on this, restricting as many persons as possible from engaging
in MMJ activities -- who in fact are protected by state law. Officials
do so by expanding the 1,000-foot zone to include day cares, home
schools, parks, churches, community centers, colleges, as many
facilities as possible.

Holland's proposed MMJ ordinance does exactly that, in addition to
banning MMJ activity in any residence closer than 500 feet to any
other patient or caregiver's home. Despite the fact that state
protections against penalties for using MMJ apply equally to all
patients and caregivers no matter where they live, our officials are
proposing to treat those who live within their endless list of
off-limit zones as illegal drug users and pushers.

Appallingly, this would deny 80 percent of patients and caregivers in
Holland from engaging in activities protected by state law, with
punishments awaiting those who do not comply. What an unjust outrage.
The irrational federal bias against the use of MMJ our state law seeks
to correct continues to thrive, all justified by unspoken appeal to
the highly popular cause of protecting our children from illegal drug
activity. (By the way, studies have shown that drug-free zones have
practically no impact on illegal drug activity.)

To be sure, MMJ raises difficult societal issues. All children ought
to be protected from illegal drug activity. However, MMJ advocates are
not under the spell of an irrational fear that their private,
discreet, lawful use of MMJ in their home close to a school will cause
them to set up tables outside on the sidewalk and sell marijuana to
passing children. Advocates are just as sensitive about negatively
affecting neighboring children than the rest of the public.

In sum, it's unjust and against state law to treat state-approved
patients and caregivers as illegal drug users or pushers. But that's
what many of them endure when municipalities ban MMJ in as many places
possible, despite cities not being required to enforce the federal
policy. Tragically, many patients and caregivers are thereby forced to
go underground, actually complicating efforts to oversee MMJ use.

Voters did not vote to deny anyone from engaging in protected MMJ
activity based upon where they happen to live.

Western Michigan is far more conservative than other parts of the
state, making it harder to defend the rights of patients and
caregivers here. Surrounding municipalities are even more conservative
than Holland. As a result, the good ideal of a uniform local ordinance
tempts our city officials to bend towards adopting more restrictive
regulations than might otherwise be the case. Most people know what
happens when you have to kowtow to the lowest common
denominator.

The first sentence in the draft claims: "It is the intent of this
ordinance . . . not to determine and establish an altered policy with
regard to marijuana." Unbelievably, the draft does exactly what it
claims it will not do. In the attempt to keep persons from engaging in
behaviors outside the law -- as determined by biased city officials --
the draft commits the very behaviors it wants to prevent others from
committing. This brazen hypocrisy is astonishing and something
officials, apparently, think the public will not notice: when others
go outside the law that's bad, but when the city itself does, it's
OK.

There's no space to discuss other regulations our city is considering
that would overly restrict the rights of patients and caregivers. But
they are serious and could end up in lawsuits. Pay attention to
upcoming meetings of Holland Planning Commission at which MMJ will be
discussed.