CITY FAVORS 'LIVONIA MODEL' IN MEDICAL MARIJUANA DECISION

ROYAL OAK - Anticipating a lawsuit from attorneys no matter what was
approved, the City Commission adopted Monday a resolution banning
medical marijuana "grow" homes, but allowing qualified patients to use.

The City Commission voted 4-3 in support of a second reading of the
"Livonia Model," with modifications, one of five options City
Attorney David Gillam recommended with a 120-day extension of a
medical marijuana moratorium expiring Feb. 13. City Commissioners
Chuck Semchena, David Poulton, Terry Drinkwine and Pat Capello
supported the resolution, while Mayor Jim Ellison and City
Commissioners Jim Rasor and Mike Andrzejak were opposed.

Livonia is currently fighting challenges to its ban on medical
marijuana in lawsuits filed in Wayne County Circuit Court, according
to Gillam. The medical marijuana act passed into law in November
2008, when voters approved the measure on a statewide ballot,
including an approval of 73 percent of Royal Oak voters.

Neil Rockind, a Southfield attorney who said he represents qualified
medical marijuana users in Royal Oak, threatened to take the city to
court if the City Commission limits where caregivers can grow in the city.

In adopting the "Livonia Model," the City Commission decided against
four other options Gillam presented, including an unlimited timeline
for an extension to the medical marijuana moratorium, originally set
last spring.

"The debate about where, when or whether marijuana is good or bad,
that debate is over," Rockind told the City Commission during public
comment. "I encourage you not to make the same mistake as Livonia,
Bloomfield Hills, Bloomfield Township, all of whom are spending
valuable resources in a lawsuit. It's an important time for this
city, a progressive city, to be progressive and not reactionary. I
certainly hope I see David Gillam in a casual setting and not on the
steps of a courthouse where I hand him a lawsuit."

Among the options from Gillam the City Commission passed over was a
recommendation from the planning commission to allow medical
marijuana to be used by qualified patients and grown by caregivers
within the patient's home. The law passed by voters says a caregiver
is allowed to grow up to 12 plants at a patient's home for five
qualifying patients, Gillam said.

Other options the City Commission could have chosen included passing
a resolution allowing medical marijuana dispensaries in commercial
districts along Woodward Avenue, according to current zoning
ordinances, or deciding nothing and seeing what the Michigan
Municipal League recommends.

"My compassion in my heart goes for the small handful of patients who
are truly in need of medicine," Semchena said. "If they want to try
it, let's let them try it, but we don't need to poison the entire
community to have it. The state can legislate it so that there isn't
a 'grow' house on every street. Parents who have homes and kids
should not have to worry about kids walking down the street past a
'grow' house. The patient should be allowed to have his method
without impeding on neighbors."

Ellison said he's afraid that a lost lawsuit will result in the City
Commission losing control of regulating medical marijuana use.

"We're going to be sued no matter what. My thinking is, 'Put the best
foot forward, look at the (zoning) ordinance and try to address the
basics of the law,'" he said. "What concerns me is to get sued by
someone because of an extended moratorium or a ban in place, the
potential of winning the case, give them money and then (the judge)
tells us what to do. If it's determined we're in the wrong, (the
complainant) will get their way."

A motion by Rasor to extend the moratorium 120 days and have the
appointments committee appoint a blue-ribbon committee to bring back
a recommendation to the City Commission died without support.

Poulton's motion for a year-long moratorium allowing for patients'
use but no cultivation inside a patient's home was withdrawn.
Poulton's motion for the Livonia Model, modified for allowing
patients' use, is in conflict with the law voters passed, according to Rasor.

"I don't understand how a municipality can ban something that's
allowed by a state," Rasor said. "What (the City Commission) is doing
is going to cost us a bundle in court. At the end of the day, any use
(is banned) except for what patients can find on what? The streets of
Flint or Detroit? Come on. A judge somewhere will tell us what to do.
It's so irresponsible as leaders who took an oath to the Constitution
and voters of the state and tell them 'No, you screwed up (legalizing
medical marijuana).' Preposterous."