B.C. NOT ALONE IN DEALING WITH MEDICAL MARIJUANA ISSUE

Michigan residents in 2008 overwhelmingly approved a ballot measure
allowing the cultivation and use of marijuana for medicinal purposes.
More than six out of 10 voters agreed that state residents should be
able to seek relief from various chronic conditions and symptoms by
using marijuana.

But while the Michigan Medical Marihuana Act spelled out who should
be able to use marijuana, it failed to address a number of other
issues that now have local governments in a quandary.

Under the act, patients who obtain a physician's certification and
register with the Michigan Department of Community Health can grow up
to 12 pot plants. In addition, "primary caregivers" can be authorized
to grow marijuana and provide it for a limited number of patients.

The ballot initiative directed that the law be administered by the
state health department. But it failed to address how marijuana
should be dispensed. As dozens of marijuana-related enterprises began
springing up in what was basically a legal no man's zone, local
communities have been forced to decide how, or if, they should
regulate medical marijuana operations.

Last summer, the Battle Creek City Commission, like many local
governments in Michigan, approved a six-month moratorium on new
medical marijuana operations while it studied the issue and
considered future action. The freeze expires next month, and last
Tuesday city commissioners considered proposed zoning and licensing
rules. The contentious, crowded commission meeting lasted more than
six hours, with commissioners ultimately rejecting the proposals
before them and indicating that they likely will opt to extend the
moratorium another six months.

They are not alone. Lansing City Council members last Monday
unanimously approved a freeze on marijuana businesses in that city
until next July, while on the same night council members in the Grand
Rapids suburb of Wyoming voted to ban medical marijuana.

Dozens of communities are grappling with how to address a state law
that raises many complex issues, not the least of which is its direct
conflict with federal laws that outlaw marijuana as a Schedule 1
substance under the Controlled Substances Act, the same category that
includes methamphetamine, heroin and LSD.

Under the state act, municipalities have limited options. They can
choose to do nothing, and risk accusations that their inaction led to
harm. They can ban medical marijuana, facing a likely legal challenge
that they are ignoring the will of state voters. Or they can
implement ordinances and regulations, which might lead to costly
court battles or even prosecution under federal statutes.

In a white paper prepared for the Michigan Municipal League,
consultant Gerald A. Fisher points out the many challenges local
governments face regarding medical marijuana. We think his idea for
the Legislature to create an ad hoc committee, bringing together all
public and private interests to negotiate in good faith, might reach
a consensus to help clarify the act.

Amending a law initiated by voters is not easy. Changes would require
either another public vote or approval by three-fourths of the
Legislature. But the cost to taxpayers of years of litigation over
the act might convince lawmakers that such action is the best route to pursue.