MONROE CITY COUNCIL EXTENDS MEDICAL MARIJUANA MORATORIUM

For the third time in less than 13 months, the City of Monroe has
issued a 180-day moratorium on the growing, selling and dispensing of
medical marijuana.

Concerned that an immediate policy could put the city at legal risk,
the city council voted 7-0 Tuesday night to approve a third six-month
moratorium on the matter.

Michigan voters approved the Medical Marijuana Act in 2008. Some
communities have adopted ordinances regarding medical marijuana
dispensaries while other officials have expressed concern that any
policy could expose them to liability or violate federal law.

Councilman Jerry McKart said it is time for the city to move ahead
and stop postponing the matter for another 180 days.

"The voters of this state said clearly using marijuana for medical
reasons should be allowed," he said. "We need to step up to the plate
and develop a program for implementation. I have friends that have
cancer. They're going to different places. They have to take it
because they're sick. We've got an awful lot of bright people that
work for the city and we should come up with some policy."

Councilman Jeremy Molenda said his biggest problem with proceeding
"is how we expose the city to litigation. Once you start issuing
licenses, you're complicit in the violation of federal law. That's
why I hesitate to proceed without seeing how some of this case law
will develop."

Monroe's planning staff and the Citizens Planning Commission have
formed a subcommittee to review the status of court cases and state
legislation.

Dan Swallow, director of Economic and Community Development, said the
subcommittee has drafted a couple policies but is not ready to make a
recommendation. It last met in November and will meet again next month.

"I don't want the council to think we're standing still," he said.
"The Medical Marijuana Act leaves gaping holes on how a program can
be implemented. We still don't know how the federal government is
going to act with all of this. It doesn't sound like a dispensary is
a legal entity under state law."

He said both communities who have been stricter and those who have
been very liberal have run into legal problems. "We are trying to
find a middle ground," he said.

Councilman Chris Bica asked if the council has the authority to act
before 180 days after approving the moratorium. City attorney Thomas
Ready said it can take action at any time before six months.

Mayor Robert E. Clark said passage of the act "leaves more questions
and potential for liability that I am not willing to put our city in."

City resident Frank Grzywacki commented, "It's been about a year
(since the first moratorium was issued) and there doesn't seem to be
any hurry. To say that the city is exposing itself to massive
liability, just leave out the part that is controversial. This
(Medical Marijuana Act) was passed in 2008."

Mr. Molenda and Mr. McKart said they favored a work session within 60 days.