Cities Rethinking Rules On Marijuana In Wake Of Michigan Supreme Court Ruling

[bobandtorey]

At least two Lansing-area communities have reviewed their medical marijuana laws in the wake of a recent Michigan Supreme Court ruling that prevents municipalities from banning the drug’s use.

The high court supported an appellate ruling affirming the right of retired attorney John Ter Beek, a resident of the Grand Rapids suburb of Wyoming, to use medical marijuana despite a city ban.

The February ruling was expected to affect a handful of communities in southeast Michigan, including Bloomfield, Birmingham and Livonia, that had passed laws heavily restricting or banning the personal use of medical marijuana. These laws typically were based on federal law that bans marijuana use.

But the ruling’s impact stretched to Williamston, which had banned marijuana use and now is amending its ordinances to make it compliant with state law. Delta Township officials in February reviewed their licensing of caregivers in light of the ruling and concluded such licensing is allowed.

Few communities in mid-Michigan passed bans on medical marijuana use, although many, including Lansing, restricted or regulated medical marijuana dispensaries that distribute medical marijuana to patients.

They were declared illegal under a state Supreme Court ruling last year.

As some Michigan communities face lifting bans, the pendulum for legalization is swinging further toward loosening regulations in some mid-Michigan cities such as Lansing and Jackson. Last fall, voters in those cities passed measures preventing local authorities from prosecuting residents for using marijuana in their homes— even for nonmedical reasons.

A group now is gathering signatures to get a similar measure on the Nov. 4 ballot in East Lansing, and similar efforts are afoot in several other Michigan cities. Jeffrey Hank, an attorney leading the effort in East Lansing, said he sees growing momentum for a statewide decriminalization of marijuana.

“The pendulum could always swing back the other way, but it seems public perception has changed remarkably,” Hank said. “I don’t think we’ll go back. I think we’ll see some change in the next couple of years at the state level.”

Until that day comes, Williamston officials say they are not prepared to embrace a decriminalization of marijuana.

Last week, Williamston City Council members continued to debate what changes the city should make to its ordinance to ensure its compliance with the ruling.

Council members agreed something should be put into place to regulate medical use but they differed on exactly how.

The Michigan Municipal League has interpreted the high court’s ruling as allowing communities to regulate medical marijuana in some ways even though they can’t ban it outright.

In 2012, Williamston banned the use of medical marijuana, despite Michigan voters legalizing medical marijuana use in a 2008 ballot measure. The city based its ordinance on federal law banning its use.

Council member Kent Hall said he is concerned about relaxing the law too much, which he says may result in more young people being introduced to the drug.

He said he has read studies that show the damaging effects marijuana use can have on younger people.

“I am a Vietnam veteran and know some friends that need it to relieve medical conditions,” he said. “But for those that are under 30, studies are showing that it has long-term damaging effects.”

Council member Sandy Whelton said she has mixed feelings about the issue.

“I think people are going to use it anyway,” she said. “Any new ordinance will be tough to enforce, and people that need it for medicinal purposes are going to smoke it.”

The city’s Planning Commission has recommended the council change the ordinance to allow a qualifying patient and caregiver to use or dispense medical marijuana in their own residence. The proposed ordinance is awaiting final action later this month.

Delta Township took a less-restrictive approach in 2011. It passed an ordinance requiring caregivers to be licensed locally in order to provide medical marijuana to a patient.

Caregivers, who under state law can provide marijuana for up to five patients, also must apply to the state of Michigan for a card and certification to become a caregiver.

Township officials believed it was important to implement local licensing so police could keep better track of sources of marijuana in the community, especially their proximity to schools.

Under the township ordinance, caregivers cannot grow or keep marijuana within a 1,000 feet of schools and child care centers. Caregivers must pay a $100 initial licensing fee to the township, and $50 annually.

Lt. Jeff Campbell, of the Eaton County Sheriff’s Department substation in the township, said there now are six caregivers licensed in the township.

“It’s helpful for us to know where they are at, and know ahead of times when we get complaints, we have a way of dealing with it,” Campbell said.

Following the Supreme Court decision in February, Mark Graham, the township’s zoning administrator, said he carefully reviewed the ruling to determine whether it nullified the licensing requirement.

He concluded the township is on solid ground, and advised township officials no changes were needed in the ordinance.

“We never prohibited personal consumption,” Graham said.

During the court proceedings, Lansing-based Michigan Municipal League, which represents 524 cities, villages and townships in the state, argued in favor of a community’s right to ban the drug.

Following the ruling, league officials said the court opinion still gives communities much leeway to regulate the drug, though it prohibits an outright ban.

 

http://www.lansingstatejournal.com/article/20140426/NEWS01/304260012/Cities-rethinking-rules-marijuana-wake-Michigan-Supreme-Court-ruling