Officials To Consult Lawyers On Pot Proposal

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FERNDALE — Now that city voters have approved an ordinance allowing a Boston, Mass., man to sell medical marijuana here, police and city officials say they will consult with lawyers on how to deal with the issue.

Police Chief Michael Kitchen said the city's new medical marijuana distribution ordinance has already drawn interest from a commercial real estate agent in San Francisco who represents a man who sells the drug from storefronts in California.

"The agent called me late last week and said his client runs a couple of shops in California and is interested in Ferndale,'' Kitchen said. "He was wondering if there was space for him to set up shop in Ferndale and what he would have to do. I told him the whole thing might be clarified after the election."

The ordinance, which voters approved 8,138 to 2,382, was put on the ballot by Carl M. Swanson, a former attorney from Michigan who resides in Boston. Swanson has not appeared in the city since the issue first came up and his relative invisibility has mystified city officials who have questioned his motives.

Many city residents said they voted for the city ordinance because they believed it was affiliated with state medical marijuana Proposal 1, which passed overwhelmingly Tuesday.

However, a spokeswoman for the Michigan Coalition for Compassionate Care, which supported state Prop 1, said the Ferndale ordinance has nothing to do with the state issue.

The new state medical marijuana law only gives protection from arrest and prosecution to qualified patients or caregivers. They can only use or grow marijuana within strict limitations, said Dianne Byrum of MCCC.

"It's unfortunate that the proposal in Ferndale even got on the ballot," Byrum said. "I don't believe it has any effectiveness and it's a moot issue. Prop 1 does not allow for the sale of marijuana and the Ferndale ordinance is not rooted or based in any state law."

The sale of marijuana in Michigan is still prohibited by state and federal law. Michigan has joined a dozen states that have passed medical marijuana laws. But federal agents still arrest and prosecute marijuana distributors in states that have medical marijuana laws on the books.

In Ferndale, city officials are preparing to meet with city attorney P. Daniel Christ to get clarification on how to deal with Swanson, who is operating the National Organization for Positive Medicine. The group name has no known address, Web site or phone number.

"We still haven't seen Mr. Swanson in town yet," said City Manager Robert Bruner, Jr. "We don't know if he's looking for a place to set up shop. Even though this local ordinance permits him to distribute medical marijuana, I believe it is still illegal under state law."

Kitchen said Swanson's inaccessibility is a puzzle.

"No one has ever seen this guy that I know of," Kitchen said. "We have no idea what he is proposing. We will monitor the situation closely and get some legal advice."


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Source: The Daily Tribune
Author: Michael P. McConnell
Copyright: 2008 The Daily Tribune
Contact: Daily Tribune
Website: Daily Tribune: Breaking news