City to discuss possible medical pot ordinance

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East Lansing will join numerous other Michigan cities trying to make sense of a relatively new law when the East Lansing City Council opens discussion on a potential medicinal marijuana ordinance at its Tuesday work session.

After the Michigan Medical Marihuana Act, or MMMA, went into effect April 6, 2009, cities across the state began talking about local laws for the medical use of marijuana and how it is distributed.

The meeting will mark the first time the council will discuss such an ordinance, Assistant City Attorney Tom Yeadon said.

City staff members are slated to present several possibilities for clarifying the law. Among the proposals are only allowing caregivers to dispense from their homes and not permitting storefront dispensaries.

“Essentially, this is council taking a first look at laws for dispensing,” Yeadon said. “This will open up discussion and give them something to start with.”

The act, which was passed statewide by voters in November 2008, allows people who receive a physician’s approval, fill out the necessary paperwork and receive approval from the state to possess 2.5 ounces of marijuana and 12 marijuana plants. The law also allows for primary caregivers — those who grow marijuana to sell to registered medical marijuana users — to possess 2.5 ounces and 12 plants for up to five qualifying patients.

Although no additional laws are necessary for patients using medical marijuana, the act does not define how dispensaries are regulated and leaves it up to the individual city, according to city documents.

“I know cities all over are having these discussions,” said James McCurtis, spokesman for the Michigan Department of Community Health, which issues medical marijuana permits. “(The cities) are doing it for the benefit of the community. They’re setting boundaries for what is allowed.”

Some Michigan cities that have discussed the possibilities have used a variety of ways to deal with the MMMA, including banning dispensaries or requiring them to obtain special use permits.

East Lansing city staff are expected to suggest regulating dispensaries as a home occupancy, allowing one caregiver per home, Yeadon said.

“The staff finds that (the home occupancy) seems more along the lines to the state law” than other options open for discussion, he said.

The suggestions also include not allowing for storefront dispensaries and to make them a more intimate setting between a single caregiver and the patients as intended by the MMMA.

Councilmember Kevin Beard said although the suggestion seems like a reasonable approach, he can see some residents getting nervous about having such businesses in neighborhoods.

City staff worked on the ordinance for the presentation to the council, but one entity was missing — the East Lansing Police Department.

Although the police department didn’t have much to do with the preparation, East Lansing police Chief Tom Wibert is happy the issue is up for discussion.

“I would be all in favor to clarify the laws,” Wibert said. “Not just at the state level, but at the local level.”

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