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Medical Marijuana
(Comment re 09 Aug 2010 CITCOM meeting)
►Unless unfavorable legal considerations
override sentiment, Royal Oak intends to make no accommodation for growing or
dispensing marijuana intended for medical use -- except , one hopes, for home-growing by
eligible patients. Certainly that is where the city stands now, a day
or two after the 09 August 2010 CITCOM meeting, where 35 Public Comment Royal
Oakers and out-of-towners made their pro and con pitches The city attorney has
been directed to prepare language concerning options to present at the 16 August meeting.
►It immediately became obvious that most of
those opposed to a proposed commercial growing-facility
are unable or unwilling to grant any special consideration for medical
marijuana. Pot is pot in their minds. That does not detract from the substance
of their concern: Marijuana is a gateway drug. . . . Its use, especially by
young people, often results in anti-social, even criminal, behavior. . . .Used
by adults, marijuana dulls the mind for everything from driving to data entry. .
. . The invited opening speaker cited his California experiences to paint a
picture of out-of-control pot dispensaries and
of street gangs. He cited sources who or which contend that no medical
benefits have been proved from the use of marijuana.Proponents of medical marijuana included
patients, caregivers, and a couple of individuals who are both patients and
caregivers. One woman calmly announced that she is in chronic pain and "I'm
dying." . . . They consider themselves living proof of the medical benefits. . .
. A major concern of the patients is that misinterpretation of Michigan's law
permitting medical marijuana will result in attempts to prohibit patients from
growing their own supply at home.
Many speakers and a couple of commissioners
said they voted for the Michigan law, which they considered a compassionate
compromise that would be implemented along the traditional
doctor-prescription-pharmacy path. They are uncomfortable with creating a
non-medical marijuana industry outside that path.
►Tangentially, there are those who see
economic benefits to Royal Oak in permitting growers and dispensaries. There
will be employment and more income for the city. . . . Not so, reply those who
say property taxes are paid even on unoccupied property, so there's no gain for
the city. . . . Actually, it was the petitioner's unsuccessful attempt to prove
hardship which caused the unanimous vote to deny his request. A second
petitioner will be offered a hearing at the September 20 CITCOM meeting. The
decision to grant the hearing came on 4-3 vote (Andrzejak, Semchena, Drinkwine
voting No), after City Attorney Dave Gillam stressed the "due process"
requirement in the moratorium.The preceding paragraphs summarize what 35
speakers had to say, beginning with a petitioner's request to be exempted from
the city's Medical Marijuana Moratorium, to establish a marijuana-growing
facility in which several caregivers could grow enough plants to serve the
legally allowed number of card-carrying patients.
From the commissioners, the opposing
positions were well presented (but, unfortunately somewhat personalized) by Chuck
Semchena and Jim Rasor. Their polar positions became evident at the
very beginning of the CITCOM meeting, with the unattributed inclusion on the
agenda of a federal Drug Enforcement Agency representative who was granted, with
no time limit, the opportunity to present a talk titled "Rising crime rates and
Michigan's new Marijuana Law." It developed that Chuck had arranged the
presentation. Chuck explained that the DEA agent had spoken recently at some
conference on the topic. Rasor asked permission to introduce another speaker who
had also made a presentation at the conference. His request was denied, and his
speaker was granted an extra minute or two after his time-limited talk during
Public Comment.Semchena's basic point is that, the actions of 14 states to
the contrary, medical marijuana is illegal under federal law. He opts for what
he calls the "Livonia Option," and he stresses that Royal Oak must act
before its moratorium expires at the end of October. Rasor maintains that
the Livonia Option seems to prohibit home-growing for medical purposes. He
suggests that if Royal Oak nullifies what is permitted by state law, "We
are going to be sued." Rasor is seen as pro medical
marijuana and has maintained that permitting and regulating legal businesses would benefit the
city economically. He smiled when one Public Comment speaker teased that Jim seems to have his own "stimulus
plan" to help the city's finances. In a more serious mode, Rasor snapped at
someone who attempted to interrupt his comments: "You've been talking for three
hours. It's our turn."
Somewhere in all this it was discussed whether the
Planning Commission should schedule another marijuana-focused hearing. I don't
recall that any decision was reached.The vote to approve Semchena's request for
ordinance language which forbids any land use that is "illegal pursuant to
Federal, State, or Local law" was 6-1, Rasor voting No.
Oakland County's legal department has made
available to cities a 63-page report based on its research about all this.
The report lists three options for each city: (1) Adopt a moratorium.
(2) Regulate medical marijuana through zoning ordinances and permits. (3)
Attempt to ban medical marijuana to the extent possible. (Birmingham and
Bloomfield Hills have banned anything that violates federal law. L. Brook
Patterson favors a ban. -- Aug 2010
The illusion of a marijuana tax is the headline on a Christian
Science Monitor editorial which argues that legalizing marijuana, as is
being considered in California, is not a good idea. The editorial challenges
the assumption that there are economic benefits to the state, and it cites
Canada's experience with cigarette taxes. "A mere $2 price difference
between Canada and US cigarettes created such s smuggling problem that
Canada repealed its tax hike." CSM added that the Netherlands's
experience resulted in "increased dependence on the drug, spawned more
dealers of harder drugs, and attracted a flow of rowdy 'drug tourists' from
other countries."
Medical Marijuana goes on the back burner
Establishing a policy or ordinance in Royal Oak to deal with medical marijuana won't be
addressed for some time, "indefinitely," according to a report in the
Daily Tribune. Budget problems will require CITCOM's attention, Mayor Jim
Ellison says. Besides, state rules are less than clear, he suggests.
Update: At its 19 April meeting CITCOM approved a
180-day moratorium
on making any decision. The vote was 6-1, with Rasor voting No.
Clyde
Esbri was the lone No-vote against approving the retail
operation. His mini white paper provides an excellent
starting point for the debate. (Emphasis by FJV)
Let me clearly state, I am absolutely in support of medical
marijuana.
What I am not in support of is the method of
growing/distribution being adopted by some cities...including Royal Oak.
If medical marijuana is truly for medicinal purposes, why not
just treat it like any other medically prescribed drug? I believe medical
marijuana should be grown in state controlled groweries to insure consistent product quality and potency. Furthermore, I believe that it
should be
distributed and dispensed through existing pharmaceutical networks, just like
any other [legitimate] drug.
I have had some people suggest that my stance mirrors
prohibition, I would argue the following; I like a cold beer as much as the next
guy, but even beer, wine and alcohol sales are distributed through a closely
monitored and TAXED state-controlled process. Why should medical marijuana be
treated any differently?
As you may or may not know, there is a bill in Lansing (Senate
Bill 618) which would directly address state run groweries and how medical
marijuana would be dispensed. This bill has been stuck in committee for over a
year now. As a result of the typical inaction in Lansing and because potential
growers/dispensaries are eager to set up shop, cities are being forced to act on
their own. If you study what has taken place in California with medical
marijuana dispensaries, you'll see the lack of guidance from the state
legislature has led to an out of control number of dispensaries there.
More locally, Novi and Troy for example have already enacted
ordinances that follow federal law and have flat out banned dispensaries. The
Royal Oak Planning Commission chose to recommend to the City Commission allowing
them in specified zoning areas. It seems evident to me that these inconsistent
policies from city to city will only lead to legal challenges, so why not err on
the side of caution for the time being.
Also, if Lansing does take action and enacts laws
that regulate groweries and distribution networks at the state level, how do
cities like Royal Oak effectively shut down growers and distributors in the city
once they have set up shop, without facing additional legal challenges?
The bottom line is, the Michigan Medical Marijuana Act is a
mess and the fact that our state leaders haven't taken a leadership role in
addressing this issue, is forcing cities to enact ordinances which will most
certainly lead to them being sued by some special interest group. -- Clyde
Esbri: 29 Mar 10
####
New York legislators consider legalizing
Medical Marijuana
They want to legalize medical marijuana as a way to generate nearly $15
million in licensing fees to help plug the state's $9 billion budget gap.
"It is the right thing to do and there is revenue attached to it," said state
Sen. Thomas Duane (D-Manhattan). Duane and Assemblyman Richard Gottfried
(D-Manhattan) are behind the plan to make it legal for folks with serious
medical woes to score limited amounts of weed from state-certified distributors
- or grow it themselves. -- New York Daily News ####
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FJV here:
Unless stated otherwise, I add emphasis to work provided by
others, not to suggest agreement but to highlight what
I consider important points.
New York sees Medical Marijuana taxes
as helping budget Clyde Esbri
180-day Moratorium
Illusion of a Marijuana Tax |