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Mmj Regulation Will Come From Your Local Government.


greenbuddha
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The following article is the reason we need to be careful of the 'local' politicians we vote into office, as well as at the 'state' level.

 

US MI: Expert Says Medical Marijuana Regulation Will Have to

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URL: http://www.mapinc.org/drugnews/v11/n108/a04.html

Newshawk: Richard Lake

Votes: 0

Pubdate: Fri, 18 Feb 2011

Source: Morning Sun (Mt. Pleasant, MI)

Copyright: 2011 Morning Sun

Contact:male2('news','michigannewspapers.com'); news@michigannewspapers.com

Website: http://www.themorningsun.com/

Details: http://www.mapinc.org/media/3938

Video: At http://mapinc.org/url/PqZIhP2p

 

<P class=clipping>EXPERT SAYS MEDICAL MARIJUANA REGULATION WILL HAVE TO COME FROM LOCAL GOVERNMENTS

 

An expert on local regulation of medical marijuana-related businesses told Union Township planners Wednesday that she doesn't expect the state to act anytime soon to clear up questions about the law, leaving it up to local governments.

 

Lawyer Andria M. Ditschman of the Lansing-based Hubbard Law Firm said as the state's majority of first-term lawmakers deal with Michigan's budget crisis, they won't have much time or inclination to take up medical marijuana. Voters overwhelmingly passed an initiative in 2008 legalizing the medical use of cannabis, but that law left many questions unanswered.

 

"It isn't written poorly," Ditschman said. "It's actually very cleverly written."

 

The township has begun the process of coming up with the best way to regulate businesses that serve medical marijuana patients and caregivers. The township began a moratorium last week to allow planners to develop the laws and regulations.

 

"The state law does not give any commercial rights," Ditschman said. "There's no state definition of dispensary."

 

Yet, she said, dispensaries, growing cooperatives, apothecaries, compassion clubs and smokehouses have gone into business.

 

"It's the activity itself that's allowed under state law," she said. Federal law is another matter; possession of marijuana still is a federal crime.

 

But, she pointed out, that federal agents are not supposed to be aiming at medical marijuana users or related cannabusinesses unless there's an indication of other lawbreaking, such as weapons, selling other drugs, money laundering or violence.

 

Ditschman said she's working with several different communities developing both licensing and zoning rules.

 

"I don't have one that has even half a licensing ordinance yet," she said. But licensing likely would look at issues such as security, ventilation, labeling of products, possibly requiring a commercial kitchen be used for preparation of edible marijuana products.

 

"These are entirely separate from zoning," she said. That would set rules that tell marijuana-related businesses where they can set up shop.

 

Ditschman said it appears the Michigan Medical Marihuana Act does permit patient-to-patient transfers of the drug, as well as transfers from a patient's caregiver to the patient. She said she would recommend against getting involved in the regulation of a patient's use of marijuana in the patient's own house, but could require caregivers some of whom serve multiple patients to get licenses.

 

"Would you permit a caregiver? I would," she told the planners. "You wouldn't need a patient's name."

 

That would protect the medical privacy of the patient using marijuana to provide pain relief.

 

The township planning commission is expected to spend at least six months working on the regulations while the moratorium is in place.

MAP posted-by: Richard Lake

 

 

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"Would you permit a caregiver? I would," she told the planners. "You wouldn't need a patient's name."

 

That would protect the medical privacy of the patient using marijuana to provide pain relief.

 

So how would that effect CG that are patients.? Seem that Would take away that a CG who is also patient shouldn't have to register. Since they don't need patients names.

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I wish she was right. Lansing in full of lobbyist right now and the push is on. This person has a financial interest on local regulation. The politicians such as Shutte/Jones/Bauer/Walsh are shooting for legislation this year. Confirmed. Local Regs are unenforceable, because of the Home Rules Act limitations, based on rulings of the Supreme Court of Michigan. The person you are using for a source is in fact a lobbyist. Thanks, Joe

 

I try to stay away from 'tunnel vision' as much as possible... particularly when it comes to politicians.

 

And I still plan on paying attention to my 'local' elections no matter what.

 

And let's hope you're right on the 'unenforcebility' due to the 'Home Rules Act'.

 

Money and votes... money and votes.

 

Ever onward!

Edited by greenbuddha
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I wish she was right. Lansing in full of lobbyist right now and the push is on. This person has a financial interest on local regulation. The politicians such as Shutte/Jones/Bauer/Walsh are shooting for legislation this year. Confirmed. Local Regs are unenforceable, because of the Home Rules Act limitations, based on rulings of the Supreme Court of Michigan. The person you are using for a source is in fact a lobbyist. Thanks, Joe

 

 

I think I'll still keep my appointment with my local 'City Planner' though.

 

Those local 'zoning' and 'fire ordinances' can be a real kick in the azz.

Edited by greenbuddha
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We have to stay active locally. The MMMA advised folks not to register with GR because of limitations on the home rules act imposed by the supreme court. To date only one caregiver has registered. We have fought local ordinances. My point is, she is saying state regulation won't happen this year. She is being dishonest on that point. We have a ton of people, that should be protecting us, lined up in Lansing, to divvy up our law. It is up to us, the patients/caregivers/compassion clubs to stop legislation. We need to fight local legislation vigorously. Thanks, Bb

 

 

What is the 'old saying'?

 

'Believe none of what you hear and only half of what you see.'

 

Not sure if there is an 'old saying' about 'what we read'?

 

Point is... to learn something and to be aware.

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"Would you permit a caregiver? I would," she told the planners. "You wouldn't need a patient's name."

 

That would protect the medical privacy of the patient using marijuana to provide pain relief.

 

So how would that effect CG that are patients.? Seem that Would take away that a CG who is also patient shouldn't have to register. Since they don't need patients names.

 

 

i wondered the same thing as i am both...

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i wondered the same thing as i am both...

 

 

The caregiver issue is going to be a tough one to appease everyone in the end as zoning is implemented . I feel for patients who are also caregivers . I am already known thanks to Mims telling everyone all would be ok at Wayne State and share that information with your Doctors , then I have home care etc . I stilll try to be low key but if you can you also want to show by example your just a normal citizen that has health issues . If your in the closet so to speak its hard coming out . You have to fear the crazies in the prohibitionist activities , crooks that prey on all patients and many in law enforcement said they won't protect MM cardholders property . The Livingston County Sheriff made those statements to the press a while back in our area . No I wouldn't want it in the permit records who I was either which would be avialable to the public .

Edited by Croppled1
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Believe half of what you see, none of what you hear. It's part of an old Mowtown song. :)

 

Read very carefully the words people choose. At least some are recognizing pt/pt transfers and acknowledge our law is well written.

 

Put that woman's name on file, remember that name. It may come up again.

 

Sb

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