Jim Finnel
Fallen Cannabis Warrior & Ex News Moderator
The city postponed a hearing for a woman who wanted to open a medical marijuana dispensary before Royal Oak's moratorium on such facilities expires next month.
While Angela Toma waited to talk about her proposed business, Mary Jane's Flowers, 306 S. Main St., the City Commission voted 4-3 to move toward banning medical marijuana under federal law.
"We'll see where it goes," Toma's attorney, J. Dallo, told the commission.
Although Michigan and 13 other states legalized medical marijuana use for qualified patients, growing, selling and possessing marijuana still violates federal law. Royal Oak took a step toward joining about a dozen Michigan cities that have amended local ordinances to prohibit land uses that violate federal law.
If the zoning change gets a second approval at the commission's Oct. 4 meeting, the city's medical marijuana ban will go into effect Oct. 14, which is two days before the 180-day moratorium expires.
"Because the possession and use of marijuana is illegal under federal law, that will make the possession and use of marijuana - even medical marijuana - a violation of the city zoning ordinance," City Attorney David Gillam said.
Proponents said the ban is the best option for Royal Oak while the courts and Lansing lawmakers sort out ambiguities in the state law about growing and selling medical marijuana.
"This is just the beginning of the legislative and judicial process that will change the law," City Commissioner Chuck Semchena said, pointing to possibly precedent-setting raids at dispensaries in Ferndale and Waterford along with state Senate bills that would require the state to license growing facilities and limit dispensing to pharmacists.
"We should adopt the ban because it can be changed in a year or two when more things shake out," Semchena said.
City Commissioners Pat Capello, Terry Drinkwine and David Poulton agreed.
"My problem is with the state, which in its infinite cowardly wisdom didn't set standards for the Department of Community Health to decide how to supply this," Drinkwine said. "You can't buy cough medicine with codeine and we're going to allow medical marijuana because people think it's harmless."
Poulton said he is concerned about recreational marijuana users getting certified as patients.
"The majority of Royal Oak residents voted for this, but they were under the impression it was for patients with debilitating diseases," Poulton said. "Others are taking advantage of the confusion about the law. They're taking advantage of pot docs who don't establish patient-doctor relationships."
Mayor James Ellison and two other city commissioners voted against the outright ban. They support a Planning Commission recommendation that Royal Oak make two exceptions - one to allow qualified patients to grow their own medical marijuana in their homes and the other to allow a registered caregiver to grow it for patients at the patient's house.
The state law passed by voters in November 2008 allows patients to grow up to 12 plants or caregivers to grow up to 60 plants for five patients.
"The Planning Commission was trying to find a compromise," said Ellison, who also sits on that panel. "The intent is to allow patients access to their own plants. We were trying to get away from caregivers setting up and growing a bunch of plants for patients at their ( the caregivers' ) houses."
City Commissioners Michael Andrzejak and Jim Rasor favor the two exceptions. Andrzejak said objections to medical marijuana have focused on dispensaries, such as the grow operation proposed for an industrial warehouse in the north end, and not patients quietly growing their medicine at their houses.
"Since 2008 that has been happening in Royal Oak and I haven't heard complaints about it or that it's starting a crime wave," Andrzejak said.
Rasor called the two exceptions "a unique option that solves some of the problems" associated with the state law.
However, if Royal Oak's zoning change gets final approval in two weeks, the city's certified patients and caregivers won't be allowed to grow medical marijuana in their homes. Violators will be cited for civil infractions and subject to monetary fines for the first, second and third violations.
"It's not a criminal offense. You couldn't be arrested," Gillam said, "but for the fourth or subsequent violation, it would be a misdemeanor and you could be arrested."
Even so, the city attorney doesn't foresee qualified patients being prosecuted under the proposed ordinance.
"I think it's safe to say it won't be a high priority for the city given its dwindling resources," Gillam said.
Source: Daily Tribune, The (Royal Oak, MI)
Copyright: 2010 The Daily Tribune
Contact: editor@dailytribune.com
Website: Daily Tribune : Breaking news coverage for southeastern Oakland County, Michigan
Author: Catherine Kavanaugh
While Angela Toma waited to talk about her proposed business, Mary Jane's Flowers, 306 S. Main St., the City Commission voted 4-3 to move toward banning medical marijuana under federal law.
"We'll see where it goes," Toma's attorney, J. Dallo, told the commission.
Although Michigan and 13 other states legalized medical marijuana use for qualified patients, growing, selling and possessing marijuana still violates federal law. Royal Oak took a step toward joining about a dozen Michigan cities that have amended local ordinances to prohibit land uses that violate federal law.
If the zoning change gets a second approval at the commission's Oct. 4 meeting, the city's medical marijuana ban will go into effect Oct. 14, which is two days before the 180-day moratorium expires.
"Because the possession and use of marijuana is illegal under federal law, that will make the possession and use of marijuana - even medical marijuana - a violation of the city zoning ordinance," City Attorney David Gillam said.
Proponents said the ban is the best option for Royal Oak while the courts and Lansing lawmakers sort out ambiguities in the state law about growing and selling medical marijuana.
"This is just the beginning of the legislative and judicial process that will change the law," City Commissioner Chuck Semchena said, pointing to possibly precedent-setting raids at dispensaries in Ferndale and Waterford along with state Senate bills that would require the state to license growing facilities and limit dispensing to pharmacists.
"We should adopt the ban because it can be changed in a year or two when more things shake out," Semchena said.
City Commissioners Pat Capello, Terry Drinkwine and David Poulton agreed.
"My problem is with the state, which in its infinite cowardly wisdom didn't set standards for the Department of Community Health to decide how to supply this," Drinkwine said. "You can't buy cough medicine with codeine and we're going to allow medical marijuana because people think it's harmless."
Poulton said he is concerned about recreational marijuana users getting certified as patients.
"The majority of Royal Oak residents voted for this, but they were under the impression it was for patients with debilitating diseases," Poulton said. "Others are taking advantage of the confusion about the law. They're taking advantage of pot docs who don't establish patient-doctor relationships."
Mayor James Ellison and two other city commissioners voted against the outright ban. They support a Planning Commission recommendation that Royal Oak make two exceptions - one to allow qualified patients to grow their own medical marijuana in their homes and the other to allow a registered caregiver to grow it for patients at the patient's house.
The state law passed by voters in November 2008 allows patients to grow up to 12 plants or caregivers to grow up to 60 plants for five patients.
"The Planning Commission was trying to find a compromise," said Ellison, who also sits on that panel. "The intent is to allow patients access to their own plants. We were trying to get away from caregivers setting up and growing a bunch of plants for patients at their ( the caregivers' ) houses."
City Commissioners Michael Andrzejak and Jim Rasor favor the two exceptions. Andrzejak said objections to medical marijuana have focused on dispensaries, such as the grow operation proposed for an industrial warehouse in the north end, and not patients quietly growing their medicine at their houses.
"Since 2008 that has been happening in Royal Oak and I haven't heard complaints about it or that it's starting a crime wave," Andrzejak said.
Rasor called the two exceptions "a unique option that solves some of the problems" associated with the state law.
However, if Royal Oak's zoning change gets final approval in two weeks, the city's certified patients and caregivers won't be allowed to grow medical marijuana in their homes. Violators will be cited for civil infractions and subject to monetary fines for the first, second and third violations.
"It's not a criminal offense. You couldn't be arrested," Gillam said, "but for the fourth or subsequent violation, it would be a misdemeanor and you could be arrested."
Even so, the city attorney doesn't foresee qualified patients being prosecuted under the proposed ordinance.
"I think it's safe to say it won't be a high priority for the city given its dwindling resources," Gillam said.
Source: Daily Tribune, The (Royal Oak, MI)
Copyright: 2010 The Daily Tribune
Contact: editor@dailytribune.com
Website: Daily Tribune : Breaking news coverage for southeastern Oakland County, Michigan
Author: Catherine Kavanaugh
