Mason County Gov't Places Moratorium on More Jobs

[XLFD]

The Mason County Planning Commission is recommending that a fledgling business wanting to legally dispense a legal substance is not going to be able to do so in the next six months or longer.  A place called Plant Paradise,operating out of the old Habitat for Humanity building east of Arby's, applied as a retailer for zoning purposes (just like a pharmacy) to dispense medical marijuana.  Way back in 2008, the Michigan voters resoundingly passed the Medical Marijuana Act, and state legislators had the law in the books over two years ago.  It does not explicitly restrict local areas from regulating Medical Marijuana (MM) through zoning, but gives guidelines for dispensing, qualifying for, or cultivating MM.

 

The MCPC voted unanimously on a motion that there was no language in the current zoning ordinance that addresses medical marijuana.  They then unanimously voted on a motion to recommend the County Board adopt a six month moratorium on MM, renewable, in order to study the issue.  LDN MCPC Moratorium

 

In effect, like Ludington, Manistee, and many Michigan areas, they have decided to nullify a state law through inaction-- and cost the area the prospect of more jobs and tax revenues.  It's too bad; if you look at the places that currently have dispensaries that operate within the law, you have to travel at least 90 miles to Grand Rapids.  Those places further north of us have to travel longer distances. 

 

If local entrepreneurs would get a handful of nods from the anti-business local governments, they could have folks coming into town from all over North and West Michigan spending their cash here.  If you think we'd be nurturing a culture of pot-heads, increasing the crime rate, or welcoming marijuana abusers to our area, just research the data from other states with MM laws.  Legal availability does not foster these problems, any more than local government officials irrationally putting a moratorium on initiated laws do.

 

But our thoroughly enlightened County Government, just like when they tried (and are still trying in the courts) to thwart Fruit Packers (Cherry Central) expansion projects on a faulty premise, also want to stop local entrepreneurs from legally supplying a product that is not otherwise legally available in the area.  Over-reaching local governments are killing our free market.

 

Local lawmakers:  The law was enacted by the people of this state two and a half years ago, get off your bureaucratic butts and either make legal zoning/policing policies or let businesses freely engage in the legal distribution of MM.  I have never tried, or have ever wanted to try, marijuana-- I don't endorse anyone using marijuana for anything other than a medicinal-approved use-- but the law is the law. 

[Sweater Cows!]

We saw two operating in two in Baldwin and One in Chase last weekend. Looks like lake county is embracing the idea of "compassion clubs". There are also places in T.C and Muskegon. We also have a non-storefront club available through facebook that specifically works for Mason, Manistee and Oceana counties. I heard one is opening in Whitehall or Montague soon.

 

Now to get technical about the law there is not one place in it that allows(or specifically disallows) a "dispensary".

 

The market will be oversaturated before Mason County allows it.

 

I also read on FB that there is a guy opening one downtown that will offer a doctor for getting cards, information and massages.

 

Due to the law being written the way it was the people doing this (dispensary/compassion club) are still taking a very large risk. They are claiming them as patient to patient transfers and that is not addressed in the law. And it is still against federal law and could be raided. That is a huge risk that I a not surprised some will take to have their income appear so easily. I commend the brave souls who dare to run a club.

[Sweater Cows!]

I should also state that these are not dispensaries. They are Compassion Clubs and a person must become a member to participate. It is not the same as the CA Dispensaries. Our Law was written based on Oregon's I believe.

 

I must say if this is permitted by the city council or County Zoning I will be in tears(already was when I saw the one trying to open across from Tractor Supply) if I am not a part of it but am not sure if I am brave enough to put myself out there like that. Owning two businesses would be great. Considering in some ways money Does Grow on trees!

 

Why not be honest eh?

Although I don't 'smoke'(have not since '99) I am a registered patient. I prefer the medibles (medical edibles), they do not effect the head so much but in turn the liver process the THC-9 into THC-11, which relieves muscle and joint pain without the 'high' experienced by those who smoke. The Clubs are great for those of us who don't want to have a caregiver or grow our own medicine.

 

Got to sit in two classes with MM Proponent and Attorney Matt Able at the 2010 Caregivers Cup in Ypsilanti.

[XLFD]

At the Ludington City Planning Commission's April meeting, my buddy, City Manager, John Shay, reported that: "he attended a medical marijuana workshop that morning in
Lansing. He said that one of the attorneys on the discussion panel thought that the cases involving
Livonia, Birmingham and Beverly Hills had to do with federal supremacy. Federal law says that
marijuana is illegal and that should supersede State law. One attorney felt that they could get
around federal supremacy for a variety of legal arguments. It will take another year or two for these
court cases to be decided. There is a lot of confusion with municipalities as to what approach to
take. They feel that the best approach to take is from both zoning and licensing. You can set
distances for a medical marijuana shop, but you have to be careful with that it is not exclusionary
zoning. We may want to look at it in the same way that cities look at adult oriented business. The
Council does not want to address it like Lavonia, Birmingham or Beverly Hills did. They amended
their zoning ordinance to prohibit any use that violated federal, state and local laws. They have
since been sued. Commissioner Josvai asked if there was urgency to this situation. Mr. Shay said
that the City had received four inquires for the sale, use or operations of dispensaries. There is a
sense of urgency. It has to be addressed."

The lawyer that said state law is supreme over federal law in this case is absolutely right, if the Tenth Amendment means anything.  That often overlooked law says that powers that are not given to the federal government (by the constitution and bill of rights) belong either to the states or the people.  Federal drug law (a power not given by the US Constitution) should be superseded by state laws.

Having no local policy means they operate under state law only, thus the seemingly  'black market' dispensary/clubs you mention, Lando, shouldn't be harassed by local LEOs or zoning boards unless there is some other problem.  Setting moratoriums 2.5 years after a law is passed are more than likely legally meaningless.  If a city or county sets one and a business continues to operate according to state law and is then sanctioned, they have an excellent suit against that local unit. 

What's so difficult in zoning it like a special land-use adult-oriented business?

[Dave]

I'm ok with the whole medical marijuana thing... although I do have one big concern with it... doctors. As long as the doctors are legit and adhere to ethics. The problem is is that I know there are 'doctors' that don't live up to ethical standards when dealing with the medical marijuana issue. One friend I have use to see a guy that you could basically call a 'pothead'. Her friend was able to get himself a 'pot card' and had told her that he could get her one too through his doctor... regardless of the fact that she had no reason to get a card. Anyway, if the doctors that work with places looking to help people get the medical marijuana are actually doing it legit then I will have no issue with them. But, if they are seeing a 'patient' and the patient is like 'yeah doc, I have some pain and headaches' *nudge nudge wink wink* and the doctor gives them a card, then I have an issue.

[XLFD]

Seconded, Dave.  And all you really need is one pot-dispensing-friendly doctor in an area to allow this sort of abuse to be widespread. 

[Willy]

I voted for medical weed for those needing medical assistance but in many communities these "clinics" are getting out of hand. They now have lounges so users can smoke on the premises. For Pete's sakes how many pharmacies have lounges so people can take their medications and relax? In Lansing,  there has been a moratorium on weed "clinics" because of the lack of control in how, when and where they can be located. One of the "clinics" was raided recently for dispensing many other forms of drugs. On Michigan Ave., a street that runs from E. Lansing to the Capital building there are about 5 weed "clinics". On the same Ave. there is only 1 drug store. Just how many places are needed to fill patients orders for weed. Some of these "clinics" are located near schools. Kids walk by them to and from school. It's a good Idea for Ludington and Mason county to put a temporary halt on these "clinics" until things can be sorted out, but I agree that they should act asap and not drag their feet. Why can't the weed be dispensed at existing pharmacies?

[XLFD]

Thirty one months after a law has been passed, 27 months after the state legislature put it forth, and local communities are just now putting moratoriums on this stuff is ridiculous. 

A far-reaching law like MM was should have been addressed and an iconic local policy should have been crafted and passed within the first year by local Michigan communities, modified by the problems you mention. 

As to your last question, I think by the law they can be dispensed at pharmacies, but it's too risky for most, and probably against policy for national chain pharmacies like Walgreen's and Rite-Aid.