ROYAL OAK OUTLAWS MEDICAL MARIJUANA USERS FROM GROWING

ROYAL OAK -- Royal Oak will not allow individual patients and
caregivers to grow medical marijuana, but will allow card-carrying
patients to smoke the drug in their home, according to an ordinance
passed by the body in the early morning hours of Jan. 25.

City Commissioner Dave Poulton originally proposed extending the
current moratorium for one year, but wanted to outlaw the growing of
medical marijuana in neighborhoods, which led to the ordinance.

Because city officials passed a somewhat similar ordinance in
September on a first reading, the passage here by a 4-3 margin gave
the measure final approval. It becomes law after 10 days have passed.

The ordinance is a replica of one that had been passed by Bloomfield
Township, which was sued by the American Civil Liberties Union over
the measure. The city had originally passed what is described as the
Livonia model, which completely outlaws medical marijuana in the
city. That ordinance is also subject of litigation by the ACLU.

"I think we are going to take a lawsuit either way," said
Commissioner Patricia Capello. "I don't want to mess around anymore."

Capello sided with Poulton, Chuck Semchena and Terry Drinkwine in
passing the ordinance. Mayor Jim Ellison and commissioners Jim Rasor
and Mike Andrzejak dissented on the issue.

The passage of the ordinance ends an almost year-long discussion on
the topic, which started last March when the Plan Commission
recommended the City Commission approve a special zoning ordinance to
allow medical marijuana facilities along the Woodward Avenue corridor.

Ultimately, the City Commission rejected that recommendation, and
enacted a moratorium, which was subsequently extended, on medical
marijuana facilities being approved in the city. It didn't block
individual users from growing or using marijuana in their homes, as
spelled out in state law that was passed in 2008.

A second extension of the moratorium was scheduled to end Feb. 13.

Andrzejak did not want to extend the moratorium any further, but
objected to the final ordinance that was passed.

"We'll be back here one year from now, kicking the can down one more
year," he said, if another moratorium was passed.

Andrzejak and Ellison both serve on the Plan Commission, which made
the first proposal and subsequent ordinance proposal that would allow
an individual patient to grow marijuana in their home, and a
caregiver could assist in that growing, but only in the patient's
home. The City Commission never took up discussion on that ordinance proposal.

Ellison said he was concerned the issue would land in court, and they
would lose.

"If we end up in court and lose, not only are we going to have to pay
that person, but they'll get their way too," Ellison said. "The court
will decide how we should handle this, and not us."

Semchena said it was his intent that he didn't want to see any house,
condominium or apartment in the city become a grow facility for
medical marijuana.

"I don't think state law forces us to allow it," he said.

The long discussion on medical marijuana was mostly calm and civil,
but there was an outburst from the audience as Semchena was
discussing the volume of medical marijuana that could be produced by one plant.

"That's preposterous," a member of the audience shouted, calling
Semchena's description a "mischaracterization." When Ellison
threatened to have the man thrown out of the meeting, he left voluntarily.

There were supporters on both sides of the issue, including many
civic leaders who were pushing for a similar solution that was
ultimately passed.

Gary Briggs, a member of the Save Our Youth Task Force and the Royal
Oak Neighborhood Schools Board of Education president, said there
were too many unanswered questions about the law.

"They need to be answered in the court of law," he said.

A small number of patients spoke about the drug, and two attorneys
also cautioned the city on their move.

Attorney Neil Rockind said the ordinance was a "grave mistake" and
the city would be sued on the issue.

"You will see me again if you limit where caregivers grow," Rockind
said. "It's an important time for this progressive city to be
progressive, and not reactionary."

Former City Commission member Laura Harrison asked the body to go to
the voters for an answer.

"It's such an important thing, I don't think it's something we should
rush into because we'll regret it," she said.