Sheriff Explains Action Against Medical Marijuana Sellers, Growers

One day after an investigation that resulted in 15 arrests, the closure of two medical marijuana dispensaries and the seizure of approximately $750,000 worth of marijuana products, Oakland County Sheriff Michael Bouchard spoke about what he sees as a growing problem.
“This is Michigan. This is not a Cheech and Chong movie,” Bouchard said during a Thursday afternoon press conference.
Ferndale’s Clinical Relief medical marijuana dispensary, 362 Hilton, was among the establishments that were raided Wednesday by undercover officers with Oakland County’s Narcotics Enforcement Team.
Police action may not have come as a surprise to employees there. Bouchard said the Sheriff’s Office recently warned those at the facility that police believed they were participating in illegal activity.
Undercover officers allegedly bought marijuana at the facility without a medical marijuana card, which is required for a legal purchase of the drug. Marijuana also was being sold in the parking lot, and undercover officers witnessed hand-to-hand drug deals, Bouchard said.
Other drugs were also confiscated, and the owner had solicited others to buy high-end marijuana to sell in the establishment, he said.
“There were many commonalties with what we regularly see in drug houses,” Bouchard said. “One place had live alligators walking around protecting the product.”
The evidence was on display for the media, ranging from jars of a wide variety of marijuana strains and marijuana plants to candy, cookies, sugar and lollipops, along with several guns.
Everybody’s Cafe, in Waterford Township, was raided under similar circumstances Wednesday, after officers said they purchased marijuana without proper credentials there. Police also raided multiple residences, though the locations of those homes were not released.
Many arrest details are not yet available because no suspects have been arraigned. Arraignment could be as soon as today, Bouchard said.
“( Marijuana is ) illegal to use except in certain, limited circumstances,” Oakland County Prosecutor Jessica Cooper said during the press conference. “In Michigan, it is very limited.”
Limits include a cap on plants per patient ( 12 ) and patients per caregiver ( five ). Patients are not able to purchase the drug legally from anyone other than their designated caregiver, and marijuana plants must be maintained in an enclosed, locked facility.
“No dispensaries are authorized,” Cooper said. “No co-ops are authorized.”
She said the state’s medical marijuana act is quite different from that of other states, like California.
“Most of the population does not understand that,” Cooper said. “Medical marijuana is an exception ( that has been ) carved out for people who have a debilitating disease.”
Both Bouchard and Cooper agreed that the statute needs clarification. They suggested changes that might make the law clearer.
“New Jersey has one state-run dispensary,” Cooper said. “That would eliminate the need for caregivers and eliminate the need for growers.”
Bouchard said a tamper-proof medical marijuana card with a photo ID should be required. A photo is not required on the current cards.
“There’s no way an officer or a deputy can verify that it’s a valid card,” Bouchard said.
Law enforcement officials don’t want to deal with the issue, Bouchard said, noting that enforcement can be costly and require many resources.
“We don’t want to deal with this at all if it’s within the scope of the law,” Bouchard said. “It’s going to divert a lot of precious resources from things we could and should be doing. This is not something we should be spending a lot of time and money on.”
Bouchard said in his opinion, voters decided that people who were suffering deserved to have their pain lessened when the measure passed in November 2008.
“This has gone far ( away ) from that,” he said. Patients have received medical marijuana cards for things such as stomachaches and shoulder pain, Bouchard said, while others have taken the opportunity to “take an illegal operation and give it the air of legality.”
An investigation is ongoing and more arrests could be made. Suspects could face charges such as possession of marijuana with intent to deliver and manufacturing marijuana, with penalties ranging from 90 days to 15 years imprisonment.
“This is a clear abuse of Michigan’s medical marijuana exemption,” Bouchard said. “It will get nothing but worse. There will be more problems unless the Legislature does its job.”

Source: Daily Tribune, The (Royal Oak, MI)
Copyright: 2010 The Daily Tribune
Contact: editor@dailytribune.com
Website: http://www.dailytribune.com/
Author: Dave Phillips, For the Daily Tribune

Traverse City Approves Marijuana Regulations

Traverse City, MI — New regulations that dictate when and where city residents can grow and distribute medical marijuana could be changed if problems arise.
City commissioners on Monday gave final approval to a new ordinance that regulates land-use issues tied to the Michigan Medical Marijuana Act. It takes effect Aug. 26.
The ordinance allows for cultivation of up to 72 marijuana plants in single-family homes, and that concerns those who believe such activity could degrade the city’s residential neighborhoods. But commissioners weren’t ready to rule out residential growth.
“This law is not set in concrete,” Mayor Pro-Tem Ralph Soffredine said. “We can bring it back to the table, and we can tweak it and do what we want to do with it. But we need to give it a chance.”
The Michigan Medical Marijuana act, approved in 2008, allows patients to possess up to 2.5 ounces of marijuana and 12 plants. It also allows designated caregivers to grow and distribute plants to up to five patients.
But the act doesn’t specify where or when patients and caregivers can grow or exchange marijuana, so municipalities across the state were left to decide for themselves.
The new ordinance doesn’t affect the amount of plants a patient can have under state law, or the number of plants a caregiver can grow or distribute.
It instead specifies where legal marijuana-related activity can occur within city limits.
City resident Julia Wagner told commissioners she’s uncomfortable with marijuana growth in residential districts.
She voted in favor of medical marijuana, but assumed it would be closely regulated and available only at pharmacies.
“I had no idea that this could invade my neighborhood,” she said.
Her view was shared by Adrienne Rossi, a Central Neighborhood resident who called marijuana growth “extremely unhealthy for our residential neighborhoods.”
Pro-medical marijuana activists countered that residential growth allows patients easier and safer access to the drug.
Current residential growth hasn’t led to significant problems, they said, and the city could expose itself to potential litigation if it tries to prevent residents from exercising a right afforded under state law.
The ordinance allows for cultivation in excess of 72 plants in industrial districts, provided the cultivation facility owner obtains a license from the city.
It also allows for medical marijuana “collectives” in most commercial districts of the city.
Any medical marijuana that fits within the confines of the Medical Marijuana Act can change hands in such collectives, but growing isn’t allowed there.

Source: Traverse City Record-Eagle (MI)
Author: Art Bukowski
Published: August 17, 2010
Copyright: 2010 The Traverse City Record-Eagle
Contact: letters@record-eagle.com
Website: http://www.record-eagle.com/

City on Target With Marijuana Ordinance

Lansing is doing the right thing by bringing medical marijuana care-givers under its ordinance for home businesses. Doing so will allow the city to set requirements that protect neighborhoods, preserve public safety and also provide a clear framework for those choosing this relatively new type of business.
Since Michigan passed its medical marijuana ballot proposal in 2008, patients have been able to seek a doctor’s approval and then register with the state. Doing so makes them eligible to either grow plants for themselves or find a state registered care-giver, who will grow the plants and prepare the marijuana for use.
But what the ballot proposal didn’t do was create a structure for dealing with a wide array of businesses that support the new medical marijuana industry, such as medical marijuana dispensaries or home-based medical marijuana caregivers.
Lansing is working on ordinances that address both the dispensaries, which would locate on commercially zoned property, and the home-based care-givers, who would be permitted to operate in residential neighborhoods, but only if they meet certain criteria.
While there has been concern in some parts that local government or local law enforcement would make it difficult for medical marijuana entrepreneurs, Lansing’s approach to date has been right on the mark.
As City Attorney Brig Smith recently commented about the home occupation ordinance:
“The goal is to regulate this occupation just like we would regulate others, whether the home occupation is growing tomato plants or medical marijuana.”
That’s more than reasonable. And a review of the ordinance finds it fairly straight forward as well.
The ordinance prohibits such businesses from operating within 1,000 feet of public or private schools, colleges, youth centers, arcades and public swimming pools. That’s reasonable, given that marijuana is still a controlled substance. The ordinance also parallels state rules in requiring that marijuana be kept in an enclosed, locked space.
The majority of Michiganians voted in favor of medical marijuana, wanting this treatment option for those who may benefit. Lansing is on the right path to create a clear set of laws for entrepreneurs involved in serving these patients while at the same time protecting its residents.

Source: Lansing State Journal (MI)
Published: August 17, 2010
Copyright: 2010 Lansing State Journal
Website: http://www.lansingstatejournal.com/

SOUTHFIELD COMPASSION MEETING MONDAY, AUGUST 9 FROM 6:30-8:30 P.M.

Join us Monday, August 9, 2010 as we discuss issues that affect Michigan's Medical Marijuana Community. Network with Attorney's, Grow Specialists, Patients and Caregivers in a safe and comfortable environment.

DIGITAL VAPORIZER RAFFLE!