Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
Even though Carl Swanson won approval from city voters to dispense medical marijuana -- and state voters decriminalized the drug for registered patients last month -- he still won't be open for business anytime soon.
The new state medical marijuana law is in conflict with the ordinance city voters passed for Swanson's National Organization for Positive Medicine, said City Attorney Dan Christ.
"My opinion is that it is preempted by the state ( law )," Christ said.
Christ recently issued a legal opinion for city police and officials on the issue.
Swanson, a disbarred Michigan attorney, lives in Boston, Mass. He made no public appearances on behalf of the city ordinance he proposed in the Nov. 4 election, drawing suspicion from city elected officials.
Ferndale Police Capt. Timothy Collins said Swanson's group can expect legal resistance.
"If he tries to do what his ordinance says he will do, he will meet with every legal roadblock we can put up," Collins said.
Collins added that the details of the Swanson ordinance are far more telling of his intentions than was the relatively brief description in the ballot language.
"His ordinance basically says that Ferndale will be the epicenter for distribution of marijuana throughout the country and internationally," Collins said. "I think the electorate only looked at the surface of the issue nd didn't do their homework."
The ordinance allows Swanson to distribute medical marijuana if he is able to obtain "court orders" to carry out dispensing the drug to "sick patients."
Mayor Craig Covey, who favors decriminalizing marijuana, said Swanson wants to come to Ferndale and get a court order to allow him to open for business.
"But we believe at this point the state law will supersede anything he wants to do," Covey said. "It is the tentative opinion of our city attorney, regardless of any success that Mr. Swanson may have, that he will still be subject to state law which does not permit the sale of marijuana."
Covey is also concerned residents or visitors may get into trouble under the false impression marijuana use is now "more legal" in Ferndale.
"It is still illegal to possess, grow or use marijuana except under the new state ( law ), which is just for folks with certain medical conditions," Covey said.
Additionally, federal law still bans the use, possession and sale of marijuana anywhere in the United States, including states such as California where medical marijuana is decriminalized and the drug sold to patients. Federal agents still prosecute marijuana cases in those and other states. Michigan is the 13th state to decriminalize the drug.
Swanson intends to move to Michigan and ask a state court in February to rule in his favor, according to The Associated Press.
"We are going for a standing court order, and I will seek the same in federal court," he said. "I don't know what the courts will do. The courts would have to read my law and state law together somehow and come up with some kind of ruling to make this work."
The new state medical marijuana law goes into effect in the spring, but doesn't address the issue of medical marijuana sales.
The law allows a patient registered through the Michigan Department of Public Health with a doctor's prescription to possess up to 2.5 ounces of pot and cultivate up to 12 marijuana plants.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Daily Tribune, The (Royal Oak, MI)
Copyright: 2008 The Daily Tribune
Contact: editor@dailytribune.com
Website: Daily Tribune : Breaking news coverage for southeastern Oakland County, Michigan
Author: Michael P. Mcconnell
The new state medical marijuana law is in conflict with the ordinance city voters passed for Swanson's National Organization for Positive Medicine, said City Attorney Dan Christ.
"My opinion is that it is preempted by the state ( law )," Christ said.
Christ recently issued a legal opinion for city police and officials on the issue.
Swanson, a disbarred Michigan attorney, lives in Boston, Mass. He made no public appearances on behalf of the city ordinance he proposed in the Nov. 4 election, drawing suspicion from city elected officials.
Ferndale Police Capt. Timothy Collins said Swanson's group can expect legal resistance.
"If he tries to do what his ordinance says he will do, he will meet with every legal roadblock we can put up," Collins said.
Collins added that the details of the Swanson ordinance are far more telling of his intentions than was the relatively brief description in the ballot language.
"His ordinance basically says that Ferndale will be the epicenter for distribution of marijuana throughout the country and internationally," Collins said. "I think the electorate only looked at the surface of the issue nd didn't do their homework."
The ordinance allows Swanson to distribute medical marijuana if he is able to obtain "court orders" to carry out dispensing the drug to "sick patients."
Mayor Craig Covey, who favors decriminalizing marijuana, said Swanson wants to come to Ferndale and get a court order to allow him to open for business.
"But we believe at this point the state law will supersede anything he wants to do," Covey said. "It is the tentative opinion of our city attorney, regardless of any success that Mr. Swanson may have, that he will still be subject to state law which does not permit the sale of marijuana."
Covey is also concerned residents or visitors may get into trouble under the false impression marijuana use is now "more legal" in Ferndale.
"It is still illegal to possess, grow or use marijuana except under the new state ( law ), which is just for folks with certain medical conditions," Covey said.
Additionally, federal law still bans the use, possession and sale of marijuana anywhere in the United States, including states such as California where medical marijuana is decriminalized and the drug sold to patients. Federal agents still prosecute marijuana cases in those and other states. Michigan is the 13th state to decriminalize the drug.
Swanson intends to move to Michigan and ask a state court in February to rule in his favor, according to The Associated Press.
"We are going for a standing court order, and I will seek the same in federal court," he said. "I don't know what the courts will do. The courts would have to read my law and state law together somehow and come up with some kind of ruling to make this work."
The new state medical marijuana law goes into effect in the spring, but doesn't address the issue of medical marijuana sales.
The law allows a patient registered through the Michigan Department of Public Health with a doctor's prescription to possess up to 2.5 ounces of pot and cultivate up to 12 marijuana plants.
News Hawk: User: 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Daily Tribune, The (Royal Oak, MI)
Copyright: 2008 The Daily Tribune
Contact: editor@dailytribune.com
Website: Daily Tribune : Breaking news coverage for southeastern Oakland County, Michigan
Author: Michael P. Mcconnell
