PROPOSED POT ORDINANCE BURNS OUT IN FARMINGTON HILLS

An ordinance amendment dealing with medical marijuana has been snuffed
out by the Farmington Hills City Council after a year of study and
debate.

The council voted 4-3 Monday to deny an ordinance amendment, for
reasons that include the one at the core of the issue -- that
marijuana is against federal law, even though Michigan voters approved
its use, cultivation and distribution for medicinal purposes in
November 2008. The public vote on the Medical Marihuana Act has been
virtually ignored by lawmakers in Lansing, so there are no provisions
in the Act that address the specifics of its use and distribution in
Michigan.

A reminder came last week from the U.S. Justice Department that
marijuana, medical or otherwise, is a controlled substance that
remains illegal, and that users, growers and distributors are not
immune from prosecution, even if a state has passed a medical
marijuana law.

Against amendment

On that basis, Farmington Hills Mayor Jerry Ellis was among the
council members who said they couldn't support a local ordinance.
Ellis said he's lived his life without breaking laws -- except for
stealing, then immediately returning, a water gun from a Kresge's
store when he was eight years old, and a couple of traffic tickets as
an adult.

"Passing an ordinance we know is contrary to federal law is just kind
of wrong," said Ellis. "Why should I pass an ordinance that I know is
contrary to federal law? It took me a year to get here."

The council and the city's planning commission have considered three
or four drafts of an ordinance amendment to address the land use
aspects associated with the medical marijuana industry -- including
large-scale growing operations, distribution centers and compassion
clubs where state card-holders can gather to smoke marijuana.

Specifying where and how a "caregiver" can grow and distribute
marijuana in a residential zoning was also spelled out in the proposed
zoning ordinance amendment. It placed several restrictions that are
consistent to any other home occupation.

City attorney Steve Joppich noted that the amendment doesn't specify
that people are allowed to use marijuana -- it's not a criminal
ordinance. It only addresses the land use aspect.

Councilman Michael Bridges said he believes marijuana use for
medicinal purpose is a good thing, particularly for pain relief, but
he voted against the amendment because it doesn't do anything for the
patient.

"I don't see the value of the ordinance (for patients)," he
said.

The planning commission, upon its most recent review, decided late
last month to recommend the council deny it. Planning commissioners
felt the issue remains too fluid, too open for interpretation, too
unresolved at this point.

In the meantime, a moratorium on all requests relating the medical
marijuana operations remains in effect in Farmington Hills through
Sept. 8. Joppich said the moratorium could be extended through Nov. 8,
but he wouldn't recommend extending it beyond that one-year mark.

Ellis said after a year of discussion, he believes the council members
are "all on the same page" of supporting the relief of pain for
patients who need it.

Councilwoman Nancy Bates, who voted against the amendment, said the
state Legislature needs to address the specifics of the law.

"I cannot pass something that's simply against the law," she said.
"The state (Legislature) needs to do its job."

Councilman Barry Brickner said that's highly unlikely, since any
change to the Act would require a three-quarters majority in the
Legislature. Brickner voted in favor of the amendment because the
language is consistent with the Act. He was comfortable with placing
restrictions on caregivers in residential areas and also on any
proposed commercial activity that could come along. He admits there
are many ambiguities in the Act.

"It's out there, and we have to deal with it," he said. "Doing nothing
isn't dealing with it."

Misnomer

Councilman Ken Massey, who also voted against the amendment, said it
shouldn't be called "medical" marijuana because its cultivation,
toxicology and dosage are not regulated or tested.

"This is not a drug, because it has not been tested. That's why you
can't go to a pharmacy and buy 30 days worth of marijuana," he said.
"These regulations need to be worked out. The state Legislature needs
to do its job."

The city council plans to send a resolution to Lansing, urging
lawmakers to address the specifics of the Act.