MEDICAL POT LAW'S GRAY AREAS BLINDSIDE CITIES

Michigan cities and citizens have been blindsided by the Michigan
Medical Marihuana Act and its mislabeling as a "medical" act.

The MMMA, passed by voters, became law in November 2008. The word
"medical" implies that doctors would prescribe the drug for patients,
who would take their prescriptions to pharmacies, where trained
pharmacists would dispense the drug. Instead, new businesses named
dispensaries and compassion clinics and clubs were opening. Cities
passed ordinances that stipulated where dispensaries might locate.
Yet, the MMMA contains no mention of dispensaries. Other cities passed
ordinances that simply outlaw marijuana; many of them now face lawsuits.

By March 2009, the Michigan Department of Community Health (MDCH) had
determined the rules for implementation. It appeared to be a law that
involved MDCH, doctors and their patients. However, by the end of
2009, elected officials, city administrators and city attorneys became
aware that we faced an incredible dilemma: Cities would have to either
pass ordinances to regulate the new law or have to deal with
unregulated dispensaries.

In Berkley, we realized that we would have to act. We spent hours
discussing potential ordinances and other possible actions. We
realized that whatever action we might take must be appropriate for
the unique characteristics and population of Berkley. Our public
safety officers, accustomed to enforcing laws based upon the federal
classification of marijuana as a Schedule 1 substance, expressed
frustration and concern regarding enforcement -- especially as it
relates to neighborhoods and our youth. Laws are to be enforced, and
that is the duty of all law enforcement officials. Yet a disturbing
anti-law enforcement attitude is being expressed by some supporters of
MMMA.

It leads me to ask, "Who wrote the MMMA?" And did Michigan voters read
the law before voting? The rights of patients and primary caregivers
- -- and the numbers of plants each may possess -- are explained at
length. However, the MMMA does not state where or from whom the plants
may be obtained.

Where will these and all qualified patient and caregiver activities
occur? They will take place within the boundaries of local
communities: cities, townships, villages. Yet the MMMA contains no
language regarding how local government may exercise oversight,
regulation or enforcement.

In 2010, the Berkley City Council enacted two moratoriums while we
continued to discuss alternatives. We attended conferences and
consulted other city officials and legislators. The second moratorium
ended this month. We adopted an ordinance that is appropriate for our
small community, where most retail and commercial corridors are only a
half-block deep. It is a simple ordinance that states that no license
shall be issued to a business operation that violates federal law.

This is a difficult time for all communities as we try to match
decreasing revenues with increasing expenditures. Some will be
spending their limited revenues on litigation. Hopefully, court
decisions will provide answers.