MEDICAL MARIJUANA FACILITIES OPERATING IN BAY CITY SPARK DEBATE AS
POLICE REVIEW LAWS

BAY CITY - When Mark Gwizdala quit the construction business
following back surgery, he started a new enterprise in Bay City:
operating a medical marijuana dispensary.

His Patient Caregiver Services, 211 Salzburg, opened Jan. 3 and is at
least the third business of its kind in the city selling or
exchanging marijuana for medicinal use to those qualified under state law.

"I don't want people thinking I'm a drug dealer," said the
41-year-old Gwizdala, former owner of Gwizdala Construction. "I'm the
same guy I was for the last 10 years but, after two back surgeries, I
got into this."

Bay City Police and city officials are reviewing if Gwizdala's
business, and the two others offering marijuana as medicine to
patients, are violating city ordinance.

"We are going to do some research and (talk with lawyers and our
zoning department) and see if there is an applicable city code that
prohibits their operation," said Bay City Police Chief Michael J.
Cecchini. "And if there is, we will enforce that code."

On Dec. 20, a zoning ordinance amendment was made to the city's Code
of Ordinances stating that "(a)ny business or organization in
violation of local, state or federal law is prohibited from locating
or operating within the corporate limits of the city."

Gwizdala's business, and others in Michigan, currently operate as
medical marijuana dispensaries under state law. The dispensaries sell
marijuana for medicinal use to members of Michigan's medical marijuana program.

But the dispensaries, and related "compassion clubs," are not
specifically addressed in the state's medical marijuana law and
remain illegal under U.S. law.

In Bay City, the three operations include Patient Caregiver Services,
Michigan North Medical Marijuana Institute, 316 S. Henry, and
M.A.C.C., 1014 Marquette, a compassion club.

Officials say compassion clubs differ from dispensaries because the
clubs are for certified medical marijuana patients and caregivers to
come together, discuss issues, provide help and sometimes exchange
marijuana between patients and/or caregivers.

Jim Bedell, Bay City's planning manager, said under current city
zoning, compassion clubs are not violating any laws.

"The compassion clubs, as long as they are doing what is legal under
state law, they're not going to be illegal under zoning," Bedell said.

Yet Bedell said the state law says caregivers, who grow marijuana for
certified patients of the program, can have up to five people they
dispense to and no more. So even though dispensaries are not
addressed in the law, any individual that provides marijuana to more
than six patients is violating state law, he argues.

Bedell said the city does not have an ordinance specifically
addressing medical marijuana facilities and the ordinance adopted in
December pertains to any type of illegal facility, such as a brothel.

"We haven't done that because it's already being regulated thorough
state law," said Bedell, regarding a medical marijuana ordinance.
"But law enforcement may have a different take on it."

The legality of dispensaries remains a question for law enforcement
and public officials across the state. There is no way for law
enforcement to know who is a patient and who is a caregiver of any
particular person, according to officials.

The Michigan Department of Community Health, which processes the
medical marijuana applications and issues the licenses, maintains a
confidential list of those who have obtained registry identification cards.

Gwizdala said in his case, lawyers drafted an operation manual from
other state dispensary ordinances for his business, which currently
has about 50 members. He said every gram of marijuana, which he does
not grow but gets from other certified caregivers, is tracked coming
in and out of the facility.

Gwizdala and other medical marijuana facility operators say the
medical marijuana industry should be regulated, not shut down.

"I'm willing to do whatever it takes," said Gwizdala, who plans to
operate the facility as a nonprofit agency with profits going to
Nathan Weidner Children's Advocacy Center. "We want to be accepted by
the community for what we are, which is a lawful, medicinal facility.

"Hopefully the city will work with us," he said.

City Manager Robert Belleman said he believes medical marijuana
facilities should be regulated, but also be subject to state and federal law.

"If they are not (operated correctly), it can become a problem area,"
Belleman said. "They can be a negative image in the neighborhoods
where they are located."

One neighbor of Michigan North Medical Marijuana Institute says he
doesn't mind the facility, which opened almost a year ago and
operates as a marijuana provider for certified patients, an
educational institute and houses the Mid-Michigan Tri-City Compassion Club.

Robert Biskner, who lives across South Henry from Michigan North,
said at first he was a little concerned with the facility, but so far
no major problems have occurred.

"As long as you've got your card, I don't have a problem with it,"
said the 50-year-old Bay City resident.

David McDowell, director of security, training and operations at
Michigan North, said the mainly free service the institute provides
to its more than 600 members is needed and they, as Gwizdala, want to
comply with state law.

"We just want to make sure people are educated," said McDowell, who
is also planning to operate the institute as a nonprofit. "It's a
wonderful business opportunity to educate."

Gwizdala is hosting a law seminar at 5 p.m. Wednesday at Patient
Caregiver Services. He said a lawyer and other officials are going to
be on-hand to clarify questions patients and caregivers may have
about the state's medical marijuana program.

Officials from M.A.C.C. could not be reached for comment.

In December, Bay County Sheriff John E. Miller said the office didn't
plan to do anything about medical marijuana dispensaries operating in
the county under the state law's guidelines.

Cecchini and other officials said they agree the state law was
vaguely written and it has caused some problems throughout Michigan.

According to the most recent statistics from the state health
department, the department has issued 49,283 medical marijuana
patient cards and received almost 88,000 original and renewal
applications since April 2009.