Local communities explore medical marijuana ordinances

Over the past six months or more, local municipalities across Michigan have been wrestling with how to address zoning issues associated with the Michigan Medical Marijuana law, passed by voters in November 2008. Both the Michigan Municipal League and Michigan Township Associations have devoted seminars and panel discussions to provide information to their membership about the new law; as well as providing details about ordinances that have already been written; including some that have been challenged.

Those serving on planning commissions, city and village councils and township boards who are dealing with the issue recognize that the federal government still considers marijuana illegal. However, they are also aware that some communities, which have enacted strict ordinances to keep marijuana growing facilities and dispensaries away, have been sued.

According to the Michigan Department of Community Health website, qualifying patients must register with the state. The website identifies several medical conditions qualifying, where the patient is suffering from a debilitating medical condition such as: cancer, glaucoma, HIV positive, hepatitis C, Crohn’s disease, agitation of Alzheimer’s disease, severe and chronic pain, and seizures, among others.

Each municipality will have to determine how to address or whether to address the new law. So far, the topic has been discussed during several public meetings.

ALBEE TOWNSHIP

During the October 2010 Albee Township Board meeting, Supervisor Leon Turnwald reported that he had recently watched the television broadcast of the Saginaw City Council’s discussion about zoning for medical marijuana. Turnwald told the Albee Township Board, “Medical marijuana is a medical law. People have the right to be secretive.” “Where do you zone it?” he then asked. He mentioned that Livonia did not allow zoning for it; instead, they adopted a law that prohibits the community from creating zoning that would be in conflict with a federal or state law. The federal government still prohibits marijuana.

“It’s interesting to see how this is going to pan out,” Turnwald said. He then asked, “How are you going to say ‘no’? People can hide behind the HIPPA laws.” Turnwald is convinced that the law will not be overturned by the state. “Legislators are going to have to put in some guidelines. They’re going to be zoning it,” he concluded.

An unidentified woman in the audience stated, “Medical marijuana is between doctor and patient. My son takes it and it works very well.”

Trustee Doris Wasmiller commented, “It makes a hassle over something that’s allowed.”

VILLAGE OF CHESANING

During the Nov. 2, 2010 Chesaning Village Council meeting, the council discussed zoning for medical marijuana

Councilwoman Julie Schirle said the village planning commission was also working on an ordinance to address marijuana distribution centers. “You can’t prohibit them,” Schirle told the council. The Chesaning Village Council approved a 180-day moratorium or until the village has an approved ordinance in place.

CHESANING TOWNSHIP

During the Feb. 3, 2011 meeting of the Chesaning Township Board, members discussed the seminars they attended at the Michigan Township Association’s annual conference. Several board members had attended the session about Michigan’s new marijuana law.

Trustee Pete Hemgesberg expressed some concern about the potential for lawsuits against municipalities which attempt to restrict those who want to pursue marijuana production/distribution. Hemgesberg heard that the state had already received 83,000 applications from would-be growers. Each grower could have up to 60 plants (72 if the grower is also a patient); and up to five patients.

“The way they’re talking, there’s a lot of money in it,” Hemgesberg said.

Trustee Ken Hornak believes the medical society needs more guidelines for granting prescriptions for marijuana use.

Zoning Administrator Rob Kehoe believes an umbrella ordinance prohibiting activities, which are prohibited by state or federal law should be enough to protect the community. There was discussion about municipalities that had racked up large legal fees attempting to restrict the production/ distribution of marijuana.

DEPT. OF JUSTICE

Recently, an anonymous caller contacted the Citizen, complaining about some of the comments municipal officials had made in their discussion of medical marijuana. The medical marijuana patient who was not willing to give his name, was concerned about becoming a target of burglary. But he wanted to make sure the communities knew about the memorandum issued by the Department of Justice to “selected United States attorneys” on Oct. 19, 2009. It was his understanding of that document that the federal government would not prosecute cases of medical marijuana use in states that have laws providing for medical use of marijuana.

The Citizen located a copy of the memo on the Department of Justice web site. It was issued by Deputy Attorney General David W. Ogden. In an excerpt of this memo Ogden states, “The Department of Justice is committed to the enforcement of the Controlled Substances Act in all States. Congress has determined that marijuana is a dangerous drug, and the illegal distribution and sale of marijuana is a serious crime and provides a significant source of revenue to large-scale criminal enterprises, gangs and cartels.”

Further down Ogden also states, “As a general matter, pursuit of these priorities should not focus federal resources in your States on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana. For example, prosecution of individuals with cancer or other serious illnesses who use marijuana as part of a recommended treatment regimen consistent with applicable state law, or those caregivers in clear and unambiguous compliance with existing state law who provide such individuals with marijuana, is unlikely to be an efficient use of limited federal resources.”

CITY OF MONTROSE

During the Feb. 8 meeting of the Montrose City Planning Commission, City Manager Frank Crosby distributed copies of the Burton’s marijuana ordinance on behalf of Mayor Ray Foust. Planning Commission Chairman Frank Taylor said he had attended a conference presented by the Michigan Township Association (MTA).

“There’s quite a bit of controversy out there,” Taylor said. He asked the commissioners whether they wanted to have an ordinance to address medical marijuana or not.

“It’s my belief, we really want a medical marijuana ordinance,” Taylor told the other commissioners.

Crosby advised they go cautiously. He explained that people could use medical marijuana in pills and not have to harm their lungs.

Councilman Adrian “Bud” Tackebury felt that in pill form medical marijuana would not create zoning issues.

Taylor commented, “When it was voted in, there was no provision to legally procure the seeds.”

Crosby responded, “Michigan law violated federal law,” making reference to the Interstate Commerce clause.

THE PILL: MARINOL

The Drug Enforcement Agency (DEA) identifies the drug Marinol as medical marijuana. According to the website www.justice.gov/dea/ongoing/marinol.ht ml, Marinol is a Food & Drug Administration (FDA) approved pill form containing the medically approved synthetic THC, which has been shown to reduce nausea and vomiting in chemotherapy patients, as well as improving appetite in AIDS patients.

The website also addresses the hazards of chemicals and carcinogens involved in the smoking of marijuana. It states that the FDA does not approve administering any medications by smoking them.

MEDICAL OPINION

Dr. Margaret Snow, MD, who practices medicine at Memorial Healthcare in Owosso, provided the Citizen with her perspective on medical marijuana. Medical pain management is among Dr. Snow’s specialties.

Dr. Snow stated, “I find myself frustrated with the need to juggle the competing demands of patient satisfaction and public safety. The state and federal government is demanding increased vigilance on our part to ensure that our prescription opiate (morphine-like pain medications) medications do not end up in the hands of kids or drug dealers. At the same time, patients are demanding that we authorize and permit the use of marijuana for pain, in many cases, in addition to other opioid medications. It will take a while for the medical community to feel that these two demands are not somewhat contradictory.”

She also expressed concerns about “the practice of patients paying to go to medical marijuana doctors to get a certification letter, and then back to their primary doctor or pain doctor for opioid medication. I feel this threatens the doctor-patient relationship and goes against the intent of the law.”