The Escanaba City Council adopted this resolution on the state's medical marijuana law at its Thursday night meeting.
ESCANABA CITY 10-18-12 MMMA RESOLUTION
A resolution which supports changes to the State of Michigan Medical Marijuana Act (MMMA) and related regulations which will add clarity and certainty to protect qualifying patient's safe and legal access to medical marijuana and safeguard the interest of the local community.
WHEREAS, On November 4, 2009, by 63 percent of votes, Michigan voters affirmatively voted yes to Proposal No. 1, the Medical Marijuana Act.
WHEREAS, On November 4, 2009, by 56 percent of votes, Delta County voters affirmatively voted YES to Proposal No. 1, the Medical Marijuana Act.
WHEREAS, On November 4, 2009, by 56 percent of votes, City of Escanaba voters affirmatively voted YES to Proposal No. 1, the Medical Marijuana Act.
WHEREAS, The Escanaba City Council supports the voter approved right for those with certain terminal or debilitating chronic conditions to obtain medical marijuana for personal use.
WHEREAS, Ever since the passage of the law, numerous questions have arisen about the enforcement of the law, its impact and unintended consequences on local communities and the regulation of medical marijuana dispensaries.
WHEREAS, It is the position of the Escanaba City Council that portions of the law, regulations and its administrative rules are vague and confusing for patients, providers, local units of government and law enforcement agencies.
WHEREAS, It is the belief of the Escanaba City Council that the State of Michigan Attorney General Bill Schuette, has opined that the MMMA does not codify a right to use marijuana; instead, it merely provides a procedure through which seriously ill individuals using marijuana for its palliative effects can be identified and protected from persecution under state law.
WHEREAS, The Escanaba City Council supports changes to the law and regulations which add clarity and certainty to protect not only a qualifying patient's safe and legal access to medical marijuana but the community in general by:
1)Providing greater insulation from the production, processing, and dispensing of medical marijuana in residential neighborhoods.
2)Providing greater insulation from the production, processing, and dispensing of medical marijuana near schools, daycares, playgrounds and other similar uses that are frequented by children.
3)Providing rules which prohibit the discharge of noxious smoke and odors directly upon abutting or adjacent to public or private property or that of another tenant or building occupant.
4)Providing measures which allows law enforcement access to nonpublic information so as to streamline law enforcement response to marijuana complaints, which will assist in both the safety of citizens and law enforcement, by: 1) insuring unnecessary processing of search warrants, 2) insuring that law enforcement is not wasting valuable and limited resources investigating an "allowed" and bona fide marijuana grow operation, 3) establishing who the bona fide users are and locations where marijuana is being manufactured.
5)Insuring a bona fide physician-patient relationship exists by having doctors more involved in a patients need for the treatment.
6)Insuring that an enclosed locked facility means a closet, room, or other comparable stationary and fully enclosed area equipped with secured locks or other functioning security devices that permit access only to the registered primary caregiver or registered qualifying patient.
7)Requiring a primary caregiver to be a Michigan resident who is at least 21 years old and has never been convicted of a felony.
8)Requiring a qualifying patient to be a Michigan resident who has been diagnosed by a physician as having a debilitating medical condition.
9)Requiring the State of Michigan to process primary caregiver and qualifying patient registry identification cards in a more timely fashion as specified by the law.
WHEREAS, The City of Escanaba asks that Governor Rick Snyder create a Statewide Medical Marijuana Task Force, consisting of representatives from local units of government, law enforcement, the physician/medical profession, business community, Non-profit organizations serving patients with chronic illness and patients with a chronic illness to study and review the law and regulations and provide the Governor's Office with written feedback and recommendations for changes to the Medical Marijuana Act which uniformly resolves the conflicts and disputes found in the Act.
NOW, THEREFORE, IT BE RESOLVED, by the City Council of the City of Escanaba this resolution is forwarded to Governor Rick Snyder, Senator Tom Casperson, and Representative Ed McBroom for immediate consideration and action.