Out-of-towners may dominate Monday as the Saginaw City Council weighs in on a six-month moratorium that would freeze medical marijuana production and use while leaders rework zoning laws for the drug.
As of Friday, six people have signed up to speak about the topic at the 6:30 p.m. meeting at City Hall, 1315 S. Washington, officials say. None are city residents. Two are from Saginaw Township, while the rest hail from Detroit, Clio and Niles.
City Clerk Diane Herman said the long-distance interest likely originates from Web sites calling on medical marijuana advocates to sign up to speak before the 1 p.m. Monday registration deadline.
City Attorney Thomas H. Fancher said he believes opposition to the move amounts to a misunderstanding of moratoriums and City Hall’s intention for seeking the freeze.
“There’s less here than meets the eye,” he said.
A longtime Saginaw City Hall critic, though, said he expects rights groups like the American Civil Liberties Union will attempt to reverse any decisions the city makes regarding medical marijuana growth and distribution. Saginaw attorney Greg Schmid said City Hall’s efforts to draw up medical marijuana-based zoning laws would undermine state authority established when voters passed Proposal 1 in November 2008, making it legal to grow, sell and use marijuana for medical purposes.
“All these things are addressed in state law,” said Schmid. “This is an example of the cart pulling the horse. The ACLU has been waiting for a city to do this.”
Fancher said criticism of the effort is misunderstood: “They think this is designed to be a ban on medical marijuana use, but it’s not. It’s designed to freeze things in place until you can write (new zoning rules).”
The citywide moratorium — which would go into effect through June 30 — would pause marijuana and marijuana-related sales and growth.
The moratorium would not include residents or businesses with already-established ties to medical marijuana, he said. In other words, a grandfather clause excludes buyers and sellers already in business.
Fancher said that, technically-speaking, a resident who registers to use — and, therefore, buy — medical marijuana during the six-month period would be in violation of the moratorium.
He said City Hall isn’t looking to knock down residential doors to catch users in violation, though.
“All we’re really concerned about are these shops,” Fancher said. “Right now, the code doesn’t address them.”
The targeted shops could include businesses that don’t sell the drug but do produce or sell medical marijuana equipment such as hydroponics appliance and growing lights, he said.
“(State law) touches on these, but not in a comprehensive way,” he said. “We want to address that.”
Fancher said those concerned about the city imposing zoning laws that would supersede the Michigan Medical Marijuana Act legislation shouldn’t worry either.
He said municipalities often enforce temporary moratoriums similar to what’s on the council’s table, including freezes on fast food restaurant developments.
“It’s basically to say, ‘Where do you want to put this,’ ” he said. “It doesn’t mean eating a hamburger is illegal.”
Fancher said officials still are determining how to proceed with developing the zoning changes, but it could include a citizens panel that would provide ideas.
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Michigan Live
Author: Justin L. Engel
Contact: MLive.com
Copyright: 2009 Michigan Live LLC
Website:Medical marijuana up for debate for at Monday Saginaw council meeting
As of Friday, six people have signed up to speak about the topic at the 6:30 p.m. meeting at City Hall, 1315 S. Washington, officials say. None are city residents. Two are from Saginaw Township, while the rest hail from Detroit, Clio and Niles.
City Clerk Diane Herman said the long-distance interest likely originates from Web sites calling on medical marijuana advocates to sign up to speak before the 1 p.m. Monday registration deadline.
City Attorney Thomas H. Fancher said he believes opposition to the move amounts to a misunderstanding of moratoriums and City Hall’s intention for seeking the freeze.
“There’s less here than meets the eye,” he said.
A longtime Saginaw City Hall critic, though, said he expects rights groups like the American Civil Liberties Union will attempt to reverse any decisions the city makes regarding medical marijuana growth and distribution. Saginaw attorney Greg Schmid said City Hall’s efforts to draw up medical marijuana-based zoning laws would undermine state authority established when voters passed Proposal 1 in November 2008, making it legal to grow, sell and use marijuana for medical purposes.
“All these things are addressed in state law,” said Schmid. “This is an example of the cart pulling the horse. The ACLU has been waiting for a city to do this.”
Fancher said criticism of the effort is misunderstood: “They think this is designed to be a ban on medical marijuana use, but it’s not. It’s designed to freeze things in place until you can write (new zoning rules).”
The citywide moratorium — which would go into effect through June 30 — would pause marijuana and marijuana-related sales and growth.
The moratorium would not include residents or businesses with already-established ties to medical marijuana, he said. In other words, a grandfather clause excludes buyers and sellers already in business.
Fancher said that, technically-speaking, a resident who registers to use — and, therefore, buy — medical marijuana during the six-month period would be in violation of the moratorium.
He said City Hall isn’t looking to knock down residential doors to catch users in violation, though.
“All we’re really concerned about are these shops,” Fancher said. “Right now, the code doesn’t address them.”
The targeted shops could include businesses that don’t sell the drug but do produce or sell medical marijuana equipment such as hydroponics appliance and growing lights, he said.
“(State law) touches on these, but not in a comprehensive way,” he said. “We want to address that.”
Fancher said those concerned about the city imposing zoning laws that would supersede the Michigan Medical Marijuana Act legislation shouldn’t worry either.
He said municipalities often enforce temporary moratoriums similar to what’s on the council’s table, including freezes on fast food restaurant developments.
“It’s basically to say, ‘Where do you want to put this,’ ” he said. “It doesn’t mean eating a hamburger is illegal.”
Fancher said officials still are determining how to proceed with developing the zoning changes, but it could include a citizens panel that would provide ideas.
News Hawk- Weedpipe 420 MAGAZINE ® - Medical Marijuana Publication & Social Networking
Source: Michigan Live
Author: Justin L. Engel
Contact: MLive.com
Copyright: 2009 Michigan Live LLC
Website:Medical marijuana up for debate for at Monday Saginaw council meeting