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Prosecutor offers view of marijuana law

ESCANABA — Delta County Prosecutor Brett Gardner spoke with leaders of the community at the Delta County Joint Governmental Round Table, Monday. The main topic of discussion was whether municipalities should opt in or out of Michigan’s Proposal 1. The proposal allows the recreational use of marijuana. Municipalities, however, can opt out of allowing marijuana to be sold in their jurisdiction. Laws regulating the sale of marijuana are currently being developed at the state level.

The new recreational marijuana laws are more unknown to municipalities than the previous medical marijuana laws, according to Gardner. Proposal 1 gives a lot of rights to people who choose to use marijuana.

“There’s another component here, the rights of the municipalities,” said Gardner. “To decide where they’re going to go into the future.”

Gardner told the group there has been a lot of talk about whether to opt in, or opt out.

“How do you folks, as the leaders in the community, make your decision of where to go,” said Gardner.

Gardner and his wife traveled to Denver a couple of years ago, to understand how recreational marijuana affected the city.

“It had changed,” Gardner said. “People hold up signs stating they need money for marijuana. Some of the shops look nice and maintained, while others do not, with flashing lights and signs on the doors.”

Gardner listened to the business owners in Denver and found out it was hard for them to find someone to work who didn’t test positive of the drug.

He advised the leaders to opt out until the rules and regulations are set by the state of Michigan.

“You can’t make that decision until you know what the rules and regulations are. Once you put that sign up, that you’re open for business, you cannot take it back,” said Gardner. “If you opt out initially, you can opt in at any time and decide if the state’s regulations and rules are appropriate for the community. If you opt in, you may end up in a difficult decision to opt out at a later time, because you created expectations.”

Proposal one was approved in last year’s general election. The proposal allows a person 21 years and older to possess 2.5 ounces of marijuana in their vehicle, or at home. Up to 12 marijuana plants can be cultivated in a home, and must be out of view. The plants must be grown in a secure area that is locked. People can assist others in growing the plant. At this time no one can sell it, but marijuana can be given away. Businesses that are in the business of promoting marijuana cannot give it away to draw more people into their stores.

An officer can make the decision to stop someone for drugged driving, just as drunk driving, by observing the driver’s ability to drive a vehicle. Just as you cannot drink alcohol in a vehicle, you cannot smoke marijuana in a vehicle, it is a civil infraction. It is also illegal to consume marijuana in public places.

People who rent a place to live, have to respect what the owner or manager allows in the rental, but the owner or manager cannot tell the renter not to ingest edible marijuana.

A person cannot possess any accessories or marijuana in public, or at public school, or in a public place where it is prohibited.

“And also, municipalities can designate places, if they so choose, to use it in public places,” said Gardner. “I think it opens up a big issue,” said Gardner. “You got, not just the second hand smoke issue, but how it may affect someone…Also, how do you deal with people who test positive for marijuana (at work).”

Gardner said, “The leaders need to find the balance between the law itself, and the people who choose not to do it (marijuana). The law as it’s written hasn’t done a good job of defining that yet.”

It is unwise for any municipality to opt in until the law is fully written, and every condition of the law is understood, according to Gardner. Once the state has the rules and regulations written, the municipalities can decide if they want to continue opting out, or see how they can make the rules work for them, and opt in.

The municipalities can take the time and decide how many businesses they may want and where they want them.

Michigan will have the lowest tax percentage on the sell of marijuana, 10 percent. The first two years the majority of the tax money from the sell of marijuana will go toward studies of veterans during marijuana treatment.

“There has to be some action taken,” said Gardner.

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