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US MI: OPED: Don't Use Zoning to Block Medical Marijuana

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URL: http://www.mapinc.or...1/n138/a07.html

Newshawk: Herb

Votes: 0

Pubdate: Mon, 28 Feb 2011

Source: Holland Sentinel (MI)

Copyright: 2011 GateHouse Media, Inc.

Contact: http://extra.holland...mitletter.shtml

Website: http://www.hollandsentinel.com

Details: http://www.mapinc.org/media/1145

Author: Melody Washington

Note: Melody Washington is public relations director of the Holland

Compassionate Care Community.

Cited: City of Holland http://www.cityofhol....com/contact-us

Bookmark: http://www.mapinc.or...dical+marijuana

 

DON'T USE ZONING TO BLOCK MEDICAL MARIJUANA

 

Holland, MI - We applaud the work of the Ottawa Substance Abuse Prevention Coalition. Americans abuse many drugs, harming their lives, their families and the nation. Marijuana has hazards too, the harms for teenagers being greater than any other group. No teenager ought to engage in its use.

 

Viewed in the context of all drugs, however, marijuana's potential harms are mild for adults, its medicinal benefits generally outweighing them. Therefore, Michigan voters -- by a 63 percent "yes" vote -- passed an initiative in 2008 that decriminalized medical marijuana ( hereafter MMJ ).

 

Yet despite the will of voters, some cities blatantly lash back at the new law by continuing to treat MMJ as an illegal drug. An example: The federal government enforces a policy of drug-free school zones, increasing penalties within 1,000 feet of schools. Municipalities build on this, restricting as many persons as possible from engaging in MMJ activities -- who in fact are protected by state law. Officials do so by expanding the 1,000-foot zone to include day cares, home schools, parks, churches, community centers, colleges, as many facilities as possible.

 

Holland's proposed MMJ ordinance does exactly that, in addition to banning MMJ activity in any residence closer than 500 feet to any other patient or caregiver's home. Despite the fact that state protections against penalties for using MMJ apply equally to all patients and caregivers no matter where they live, our officials are proposing to treat those who live within their endless list of off-limit zones as illegal drug users and pushers.

 

Appallingly, this would deny 80 percent of patients and caregivers in Holland from engaging in activities protected by state law, with punishments awaiting those who do not comply. What an unjust outrage. The irrational federal bias against the use of MMJ our state law seeks to correct continues to thrive, all justified by unspoken appeal to the highly popular cause of protecting our children from illegal drug activity. ( By the way, studies have shown that drug-free zones have practically no impact on illegal drug activity. )

 

To be sure, MMJ raises difficult societal issues. All children ought to be protected from illegal drug activity. However, MMJ advocates are not under the spell of an irrational fear that their private, discreet, lawful use of MMJ in their home close to a school will cause them to set up tables outside on the sidewalk and sell marijuana to passing children. Advocates are just as sensitive about negatively affecting neighboring children than the rest of the public.

 

In sum, it's unjust and against state law to treat state-approved patients and caregivers as illegal drug users or pushers. But that's what many of them endure when municipalities ban MMJ in as many places possible, despite cities not being required to enforce the federal policy. Tragically, many patients and caregivers are thereby forced to go underground, actually complicating efforts to oversee MMJ use.

 

Voters did not vote to deny anyone from engaging in protected MMJ activity based upon where they happen to live.

 

Western Michigan is far more conservative than other parts of the state, making it harder to defend the rights of patients and caregivers here. Surrounding municipalities are even more conservative than Holland. As a result, the good ideal of a uniform local ordinance tempts our city officials to bend towards adopting more restrictive regulations than might otherwise be the case. Most people know what happens when you have to kowtow to the lowest common denominator.

 

The first sentence in the draft claims: "It is the intent of this ordinance . . . not to determine and establish an altered policy with regard to marijuana." Unbelievably, the draft does exactly what it claims it will not do. In the attempt to keep persons from engaging in behaviors outside the law -- as determined by biased city officials -- the draft commits the very behaviors it wants to prevent others from committing. This brazen hypocrisy is astonishing and something officials, apparently, think the public will not notice: when others go outside the law that's bad, but when the city itself does, it's OK.

 

There's no space to discuss other regulations our city is considering that would overly restrict the rights of patients and caregivers. But they are serious and could end up in lawsuits. Pay attention to upcoming meetings of Holland Planning Commission at which MMJ will be discussed.

MAP posted-by: Richard Lake

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