Emmet County is joining the many counties in Michigan weighing how to handle state laws allowing patients to use medical marijuana.
The Emmet County Planning Commission is considering as many as five different options to prepare for county zoning for future patients and medical marijuana providers.
Enacted by Michigan voters in 2008, the Michigan Medical Marihuana Act was approved by about 3 million voters in support to 1.7 million voters opposed.
In order to use marijuana, a patient must obtain a prescription and user card to obtain pot as a form of medicine from a licensed "caregiver."
Patients with symptoms of cancer, glaucoma, HIV or AIDS, hepatitis C, amyotrophic lateral sclerosis (Lou Gehrig's disease), Crohn's disease, agitation of Alzheimer's disease or nail patella are licensable. Other less specific medical conditions like chronic pain are also licensable.
Up to 2.5 ounces of marijuana is allowed be kept by card-carrying patients.
"The question is that even though it is allowed by law for medical reasons, cultivation of medical marijuana is still a crime under the federal law," said Emmet County Planning, Zoning and Construction Director Brentt Michalek. "The question is, 'Do we want to permit it in the county zoning, and if so, how do we do it?'"
Michalek, with the civil counsel of Emmet County attorney Kathy Abbott, has been looking at the options for how the county can better structure its zoning to either prevent or aid medical marijuana caregivers looking to start clinics or dispensaries.
According to the Michigan Medical Marijuana State Association, state law requires caregivers to be at least 21 years old, must agree to assist the patients' use of marijuana and can not be convicted of a felony involving illegal drugs. Caregivers are allowed to manufacture and store up the amount of licensed patients needs, meaning if a caregiver has 10 patients, they are allowed to have 25 ounces of pot on hand in a locked storage area.
The most likely course for the county would be to pass an amendment to the overall zoning code stating: "Any commercial use of land or lands that violates state or federal law is prohibited.
Other options – outlined by Michalek – include: Allowing local jurisdictions to take responsibility; approving care giving as a home occupation, similar to the recent act passed in Lansing; regulating care giving as a retail business; categorize it as an independent zoning subsection; or simply do nothing.
Planning commission member Kelly Alexander said he thought Michalek was opening a "whole, great big can of worms." But, later he tempered his statements saying he saw both sides of the argument.
"I think we should do what is needed to protect the county," he said. "Likewise, I hate to deny somebody access that really needs it."
The planning commission agreed to review its options further next month.
While the commission and county might be planning for the future, caregivers and patients are already prevalent in Northern Michigan.
A Facebook.com page titled "Michigan Medical Marijuana" is seeking at least 20-30 patients to hold a clinic. A follow up call to the phone number was answered by an operator taking patients' calls, although no one in the organization was available for comment.
News Hawk: Warbux 420 Girls - Creating Cannabis Awareness Since 1993
Source: petoskynews.com
Author: Brandon Hubbard
Contact: bhubbard@petoskeynews.com
Copyright: 2010 petoskynews.com
Website: Petoskey News-Review - Emmet County ponders zoning changes for medical marijuana
The Emmet County Planning Commission is considering as many as five different options to prepare for county zoning for future patients and medical marijuana providers.
Enacted by Michigan voters in 2008, the Michigan Medical Marihuana Act was approved by about 3 million voters in support to 1.7 million voters opposed.
In order to use marijuana, a patient must obtain a prescription and user card to obtain pot as a form of medicine from a licensed "caregiver."
Patients with symptoms of cancer, glaucoma, HIV or AIDS, hepatitis C, amyotrophic lateral sclerosis (Lou Gehrig's disease), Crohn's disease, agitation of Alzheimer's disease or nail patella are licensable. Other less specific medical conditions like chronic pain are also licensable.
Up to 2.5 ounces of marijuana is allowed be kept by card-carrying patients.
"The question is that even though it is allowed by law for medical reasons, cultivation of medical marijuana is still a crime under the federal law," said Emmet County Planning, Zoning and Construction Director Brentt Michalek. "The question is, 'Do we want to permit it in the county zoning, and if so, how do we do it?'"
Michalek, with the civil counsel of Emmet County attorney Kathy Abbott, has been looking at the options for how the county can better structure its zoning to either prevent or aid medical marijuana caregivers looking to start clinics or dispensaries.
According to the Michigan Medical Marijuana State Association, state law requires caregivers to be at least 21 years old, must agree to assist the patients' use of marijuana and can not be convicted of a felony involving illegal drugs. Caregivers are allowed to manufacture and store up the amount of licensed patients needs, meaning if a caregiver has 10 patients, they are allowed to have 25 ounces of pot on hand in a locked storage area.
The most likely course for the county would be to pass an amendment to the overall zoning code stating: "Any commercial use of land or lands that violates state or federal law is prohibited.
Other options – outlined by Michalek – include: Allowing local jurisdictions to take responsibility; approving care giving as a home occupation, similar to the recent act passed in Lansing; regulating care giving as a retail business; categorize it as an independent zoning subsection; or simply do nothing.
Planning commission member Kelly Alexander said he thought Michalek was opening a "whole, great big can of worms." But, later he tempered his statements saying he saw both sides of the argument.
"I think we should do what is needed to protect the county," he said. "Likewise, I hate to deny somebody access that really needs it."
The planning commission agreed to review its options further next month.
While the commission and county might be planning for the future, caregivers and patients are already prevalent in Northern Michigan.
A Facebook.com page titled "Michigan Medical Marijuana" is seeking at least 20-30 patients to hold a clinic. A follow up call to the phone number was answered by an operator taking patients' calls, although no one in the organization was available for comment.
News Hawk: Warbux 420 Girls - Creating Cannabis Awareness Since 1993
Source: petoskynews.com
Author: Brandon Hubbard
Contact: bhubbard@petoskeynews.com
Copyright: 2010 petoskynews.com
Website: Petoskey News-Review - Emmet County ponders zoning changes for medical marijuana
