CITY COMMISSION HAS CHOICE WITH MEDICAL MARIJUANA MORATORIUM DUE TO
EXPIRE FEB. 13

ROYAL OAK - With a 120-day extension of a medical marijuana
moratorium expiring Feb. 13, a second extension is among five options
the City Commission may consider at Monday's public meeting,
according to City Attorney David Gillam.

The City Commission voted in October for an extension to the original
180-day medical marijuana moratorium, Gillam said.

The City Commission may approve a second extension, for up to one
year, the city attorney said. The second extension could give the
City Commission a chance to see what kind of precedent is set in
medical marijuana cases in other jurisdictions, he said.

"If the idea is to wait and see what happens with court cases
pending, a year would be a ballpark figure," Gillam said.

Among the other options Gillam has recommended are:

. Let the moratorium expire and treat requests for medical marijuana
under the city's current zoning ordinances, which would allow
dispensaries on commercial properties along Woodward Avenue, Gillam said.

. Approve a second reading of a resolution that would ban medical
marijuana on the basis that the federal law supersedes state law. The
first reading passed in September by a 4-3 vote, Gillam said.

"It would be the same thing the City of Livonia has on the books," Gillam said.

. Approve or move forward with the recent recommendation from the
planning commission, which would allow a caregiver to grow medical
marijuana inside the home of a qualified patient, Gillam said.

. Look for some other kind of alternative. Gillam said the Michigan
Municipal League has a list of options other cities in the state have
decided in dealing with the use of medical marijuana.

The use of medical marijuana was approved by voters on a statewide
ballot in November, 2008, including a 73 percent approval from Royal
Oak voters.

City Commissioner Chuck Semchena said Friday that he would vote in
support of two of the five recommendations: extending the medical
marijuana moratorium and a second reading to ban medical marijuana.

He said another moratorium extension would allow the state
legislature "to amend the current law so that it's not so fatally flawed."

Semchena believes the federal law banning medical marijuana has
precedence over the state law, which is his reasoning to support a
second reading to prohibit medical marijuana.

"My preference is to always adopt the land use ordinance to prohibit
land use that is illegal in federal, state and local law," Semchena said.

Semchena said he is most opposed to the planning commission's
recommendation to allow any qualified medical marijuana user to grow
and smoke medical marijuana in their home.

"I'm getting calls from lots of residents," Semchena said.
"Neighborhood groups are going bonkers. People do not marijuana grown
in 'every house, condo or apartment in Royal Oak. There are a number
of vacant houses in Royal Oak, we're having a second wave of
foreclosures. People are standing in front of their house and looking
down the street and seeing a potential 'grow' house right where their
kids go to school. No neighborhood would be unaffected."