Ann Arbor city attorney says 'dilemma is extreme' when it comes to regulating medical marijuana dispensaries
(This story has been updated to note that Tony Keene no longer runs a medical marijuana cultivation facility on South Industrial Highway. He says he has changed directions and now is a partner in a full-service cannabis testing lab called Cannalytics.)
Ann Arbor Mayor John Hieftje says cities across Michigan still face a serious dilemma when it comes to regulating medical marijuana dispensaries — businesses that aren't mentioned in state law but nonetheless have sprouted in notable numbers.
"I have never seen an issue that's been before us where we have cities in our state that are being sued from one side for failure to act to make it more possible for these facilities to operate, and then we also have pressure from the federal government on local governments from the other side," he said toward the start of a 90-minute discussion on the topic.
"The dilemma is extreme," acknowledged City Attorney Stephen Postema. "As commentators have pointed out, municipalities are really in some ways where the rubber hits the road. This is where all of the state statutes and enforcement issues often take place."
The Ann Arbor City Council will consider giving final approval to medical marijuana regulations nearly a year in the works when it meets on June 20.
Ryan J. Stanton | AnnArbor.com
Council members hope to have the regulations — which have been under discussion since last summer and were tweaked again Monday night — finally completed.
"I think everybody's really, really tired of dealing with medical marijuana," said Council Member Sabra Briere, D-1st Ward, who has taken a lead role on the issue and has worked with other city officials to meticulously craft the ordinances.
After the ordinances are approved, a moratorium in place since last August will be lifted and prospective dispensary owners can apply for licenses to do business in the city — though most licenses will be reserved for dispensaries that opened before the moratorium.
As currently worded, the regulations would cap the number of dispensary licenses at 20. At a meeting last month, council members decided they no longer want to have licensing regulations for cultivation facilities — places where marijuana is grown other than homes.
Briere said there'll be one more opportunity for members of the public to address the council on the subject of medical marijuana at the June 20 meeting.
The council made a number of small changes to both ordinances Monday night — what Briere called "bureaucratic improvements." Those dealt with requirements for those who apply for licenses and how the city might hold people accountable for the forms they fill out.
The only significant change, Briere said, is that dispensaries are required to keep records for 30 days for patient access and 60 days for city access.
The 30-day requirement is seen as a way of making sure patients can trace the source of any marijuana product they received should they become ill afterward.
"The idea for the city to have access to the information on the relationship between dispensaries and the cultivation source," Briere added, "was so the city could ascertain that dispensaries are actually accurately keeping records and able to provide a source for their marijuana."
Postema said there's always the possibility that both court decisions and revisions to state law could impact the city's regulations. He said the city attorney's office is aware of legislation pending in Lansing that would add additional restrictions to where caregivers can operate. The legislative process, though, is likely to be "quite tortured," Postema said.
"No. 1, it takes a 75 percent vote to amend what has been a citizen initiative, so I wouldn't hold my breath for the state Legislature to act on this," he said.
Council Member Stephen Kunselman, D-3rd Ward, said he wonders why the city is fearful of proceeding with a licensing ordinance when Colorado taxes medical marijuana without fear.
Postema said the federal government is looking carefully at dispensaries and initiating action against them, and it's already happened in Michigan.
A small handful of medical marijuana activists attended Monday's meeting and addressed the council. Tony Keene, a medical marijuana entrepreneur who previously ran a cultivation facility on South Industrial Highway that he says has since shut down, apologized for filing and then dropping a lawsuit against the city earlier this year.
Medical marijuana entrepreneur Tony Keene appears before the City Council on Monday.
Ryan J. Stanton | AnnArbor.com
"I believe it to be as clear and unambiguous of an ordinance as can be constructed under the current MMMA," Keene said, referring to the Michigan Medical Marihuana Act.
Keene said the last time he spoke before council he also took a hard stance against dispensaries and that was wrong. As a partner in what he considers Michigan's only full-service medical cannabis testing laboratory, he says he's visited many dispensaries.
"What I have experienced is a geographically dispersed, balanced, yet diverse group of professional caregivers that have opened clear and unambiguous transfer locations for patients," he said. "Six months ago I would have fought hard to discourage grandfathering in licensing to existing dispensaries. However, today now I believe it would be unfair not to give great consideration to the hard-working compliance Ann Arbor's current collectives exhibit."
Medical marijuana advocate Rhory Gould thanked council members for steps taken to loosen restrictions for caregivers, but he voiced concerns about the length of the moratorium.
"It is now June 2011 and the city has come a long way with this ordinance," he said. "But at this time, it's time to do what's right by passing an ordinance that protects patients, caregivers and the dispensaries and makes them feel safe in the city."
Chuck Ream, a leading voice in the local medical marijuana movement and owner of a dispensary on Packard, applauded the council.
"I think basically we have succeeded. I think basically we've got an ordinance here that reflects what the voters of Ann Arbor really would like to see," Ream said. "Voters want patients treated, they don't want caregivers harassed, and in Ann Arbor the voters realize that the (federal) marijuana laws are wrong in the first place."
Briere said the real test will be in two weeks. She said the council has spent months trying to hammer out language that would please everybody, and now it's up to the council to decide whether to implement the ordinances that have been crafted.
"Next council meeting, we're going to start looking at this with fresh eyes and say, 'Do I really want to support this?'" she said.
"If council members as a whole feel that dispensaries are an error because they're not 100 percent supported in the state enabling legislation, then that's what will happen at the vote," she said, mentioning that only as a possible outcome. "So it'll be interesting to see."
Ryan J. Stanton covers government and politics for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529. You also can follow him on Twitter or subscribe to AnnArbor.com's e-mail newsletters.
Comments
Domey
Thu, Jun 9, 2011 : 12:59 a.m.
The *majority* of Americans either smoke, or have smoked, marijuana and know that it is *not* a "dangerous drug". The federal laws were put into place due to the efforts of a racist Texan hoping to keep Mexicans out of the country. I'm talking about legal Mexicans, not illegal ones, because back then they actually sent the illegal ones back. Legalize marijuana and stop making criminals out of it's users, or make the other, worse drugs (tobacco, alcohol) illegal too. I know, that's ludicrous.
carush
Sat, Aug 27, 2011 : 11:15 a.m.
Your point is not ludicrous, but you're not addressing the context and why some intoxicants are criminalized and regulated. Criminalization did not historically start in the west, and you're wrong that it is not a dangerous drug. Any drug that produces substance abuse and withdrawal behavior is dangerous in some people in some or most respects and is criminalized or heavily regulated. Criminalization began in the northeast and took place approx. 1880-1940. It was part of the recognition of the damage to the user and others that can be caused by consumption of intoxicating substances. Many people cannot control how much they consume of an intoxicant and that is dangerous. Overconsumption of any drug kills a person, and can kill other people or ruin their lives when the person's intoxicated behavior affects them. In the east, laudanum and opium were criminalized first because people laid around in opium dens and eventually died because they became uninterested in eating and personal hygiene. If they had been up and around and functioning well in a job or family environment things would be very different with those drugs. Now we only allow opiates in controlled low dosages and highly controlled medical environments. Marijuana is far less addictive than alcohol or tobacco and not addictive in some people (just as alcohol is not addictive in most people). Depending on THC level someone can either be just fine to go about daily life or stoned out of their wits for more than 24 hours and during that they are a danger to themselves and others. I support decriminalization but I recognize why intoxicants are criminalized or heavily regulated.
DAN
Wed, Jun 8, 2011 : 1:58 p.m.
If it is to be sold outside of a pharmacy, these "dispensaries" should be held to the same standards including record keeping and a required doctor's prescription.
Red Barber
Wed, Jun 8, 2011 : 2:42 p.m.
Right, hold dispensaries to the same standards as pharmacies, which they're not. That makes sense (er, not). It's to be sold outside of a pharmacy because pharmacies cannot dispense it. Qualification is based on a physician's recommendation, not a prescription. If prescriptions were required, there'd be no need for a dispensary in the first place. Folks would just take their prescription down to the local pharmacy to have it filled. And, did you bother to read the article before commenting? If so, you must've skipped right over the part about record keeping...
Elaine F. Owsley
Wed, Jun 8, 2011 : 12:05 p.m.
Well Duh!!! Anyone who couldn't see this coming had to be smoking the stuff. Once you have freed anything from birds, to cats, to marijuana production you could be expected to have a problem getting control of it.
Woman in Ypsilanti
Wed, Jun 8, 2011 : 4:32 a.m.
I don't understand why anyone other than the drug company which produces it would consider Marinol to be a superior option to a drug that a patient can grow themselves in a natural environment at a significantly lower cost. The thing is marijuana is just one of many herbs which have proven medicinal effects. Often they are very effective and cheap substitutes for the very expensive medicines that big pharmaceutical companies produce. But really, why is the same drug somehow more acceptable if it is produced by big business for much profit than if it is produced by some hippy with a garden in his backyard? I am not against the pharmaceutical industry at all. They certainly have produced a plethora of wonderful medications. I just can't understand why anyone would think a fake version of a chemical is automatically superior to a natural version of the same chemical. That goes double when the herb in question is so well known and so safe that overdose concerns are nil. But then, I don't really understand why people object to the recreational use of marijuana either especially when they are ok with alcohol, caffeine, nicotine and other legal substances. I know that there must be some people scamming the system by getting a doctor to prescribe them marijuana just like millions of people get their doctors to prescribe them Dilaudid, Lorcet, Lortab,OxyContin, Percocet, Percodan, Tylox, Vicodin, Librium, Valium, Xanax, Adderall, Concerta, Ritalin, etc. Just because some people will abuse a drug, it doesn't mean that it should be made illegal and thus technically unavailable to those who could really benefit from it - even if that benefit is just the little bit of relaxation one gets from recreational use. I am a recreational drug user myself. Just today I was able to really enjoy *two* ice cold beers after work on a hot day. It was GREAT.
AA
Tue, Jun 7, 2011 : 7:24 p.m.
2011 and we still debate this issue. What is wrong with people? Legalize all use of marijuana. Period. Done.
Jammers02
Tue, Jun 7, 2011 : 7:22 p.m.
There is a dispensary close to where I work and it confuses me, the people who walk in and out of there do not look ill, its a money pit, that will bring bad news to the area. I agree that it should be regulated through the doctor and/or doctors offices, not from a stand at the side of the road. It just doesn't seem right.
carush
Sat, Aug 27, 2011 : 9:54 a.m.
And, to be frank, it reeks, 24/7. There is a dispensary in the second-floor of a building where I regularly go to do business. It's not a completely intolerable smell and affects different people very differently, kind of like skunk. It is so powerful that if it affected someone negatively (like skunk) I think it would make them retch and run away. I can imagine the smell being regulated as a public nuisance. I can also imagine the facility being regulated as a public nuisance if the location and inadequate security is such that it is highly likely to be a target for theft or robbery, because that makes everybody in the immediate area unsafe.
Mr. Tibbs
Tue, Jun 7, 2011 : 6:08 p.m.
it is hard to juggle keeping the lawyers happy and the illegal drug cartels happy too.... I keep saying this and it seems nobody cares. big pharma cannot stand this. they want thier money, or at least what "they think should be thier money" you cannot patent marijuana, but you CAN patent the delivery system. That stupid little paper tube that the tobacco companies own. Now you know why so much money is being spent on trying to kill tobacco usage in this country. it is a worth-while investment if "they" win..... the other dilemma is who is going to step up to the plate like Joe Kennedy Sr. did? Who is todays Kennedy family? Who is todays Delano family? Some other stuff some very powerful people do NOT want you being taught in your history classes! But hey, all that matters here is that "we" get what we want right? Aren't we.....we the people? but until the "right people" start making the money "they" want, or believe they "deserve" we will have nothing but the debate. Oh yeah, I almost forgot, with all my friends and family wearing badges, they are stuck in the middle of all this stupidity because the rich refuse to share, IE....big pharma, and the tobacco companies. and before you go bashing tobacco, check out all the 1-800-bad drug commercials out there for drugs that are already maiming and killing people that the FDA says are legal.....because big pharma says they did all the tests, and all the research, and paid all the "FEES".......hhhhmmmmm.....
grye
Tue, Jun 7, 2011 : 3:17 p.m.
Instead of medical marijuana, legitimate individuals with medical needs should be trying marinol. It is a legal drug in pill form that is the synthetic version of the active ingredient in marijuana. Enough of all the pot heads only wanting to get high. Try marinol to alleviate your problems. Marijauna has only one purpose and it is still a federal crime to use and distribute.
Major
Tue, Jun 7, 2011 : 9:35 p.m.
Marinol has been proven ineffective, since it is lacking in many compounds found in the real deal. Not to mention the side effects of marijuana pale beside those of other drugs commonly prescribed by doctors in the US, including Marinol. There are many reported deaths from Marinol, it's side effects are many and has chemical dependency issues as well, all of which good ole Mary Jane does not! As to the medical aspect of the drug, the standard drugs used in chemotherapy can cause deafness, kidney failure and cancer; those used to treat nausea can cause ulcers, secondary infections and psychosis; the eye drops and pills used to treat glaucoma can cause depression, heart failure, numbness and kidney stones; and the medications commonly given to paraplegics can cause kidney failure, hepatitis and seizures. I think I will go with what mother nature provides, and keep the side effects limited to the munchies!
Red Barber
Tue, Jun 7, 2011 : 4:21 p.m.
You are promoting a synthetic version of THC, and thereby admitting to the reality of cannabis's medicinal properties (as are the manufacturers of Marinol); yet you oddly promote the synthetic over the natural. And what exactly is the "only" purpose? Might it be the medicinal properties you have already admitted to?
Michigan Man
Tue, Jun 7, 2011 : 2:26 p.m.
Would the Ann Arbor man who sued the city and consumed valuable Cit of Ann Arbor legal resources, who apparently is now apologetic for his actions, care to reimburse the City of Ann Arbor for its associated expenses relative to this matter? I am sure the City of Ann Arbor could negotiate a fair amount of compensation owed as a result of this bogus suit.
wkoper
Tue, Jun 7, 2011 : 4:15 p.m.
Ann Arbor's tax paying residents can eat it! Hope ya get some more, rich municipalities like Ann Arbor can readily afford all this and more!
Major
Tue, Jun 7, 2011 : 2:24 p.m.
Two words, alcohol, tobacco. With those two "products" legal, no one has a leg to stand on speaking against marijuana, medical, or otherwise...this prohibition on pot is wearing very thin and will be totaly legal before the decade is out!
Top Cat
Tue, Jun 7, 2011 : 4:57 p.m.
Absolutely agree !
xmo
Tue, Jun 7, 2011 : 1:47 p.m.
The city's and state are wasting a lot of precious tax dollars on something that should be sold at a Drug store! Instead of being a drug prescribed by Doctors for medical use it has become a JOKE! Make Ann Arbor a Marijuana FREE ZONE!
Blue Marker
Tue, Jun 7, 2011 : 8:28 p.m.
Mojo, So by that "logic" alcohol should be illegal, right? After all, it's mind bending. Are you ready to speak up and say a man can't have a cold Bud after work?
mojo
Tue, Jun 7, 2011 : 7:39 p.m.
Mind bending drugs are mind bending drugs. How is crack or Meth different from weed - smoke and get high? No real difference. These drugs circulate in the same circles. Need more high - go to a "Meth dispensary."
Blue Marker
Tue, Jun 7, 2011 : 2:18 p.m.
Mojo, I'm sorry but you're comparing apples and mangos. Why not look at your point another way. Should we also make alcohol illegal?
mojo
Tue, Jun 7, 2011 : 2:06 p.m.
Why stop at marijana - why not crack, heroine and meth too? Is there a reason to not make crack legal?
David Briegel
Tue, Jun 7, 2011 : 1:45 p.m.
It is already "haunting us" in that failed War on Drugs. We are paying an extremely high price for that failure by fueling the War on Drugs Industrial Complex and the Prison Industrial Complex that are bleeding society dry for their failures. What other public health issues do we turn over to law enforcement? Oh yeah, besides mental health care? The War on Drugs is the real "scam". It "haunts" us every day. The city should let the free market be free!
Top Cat
Tue, Jun 7, 2011 : 4:57 p.m.
Agreed. The War on Drugs has been a failure and a disaster. I see no reason why marijuana should be treated differently from beer.
Ricebrnr
Tue, Jun 7, 2011 : 4:53 p.m.
@ Mike, allow me to point you in the right direction. Google "prohibition, alcohol, crime" Read up then consider, how is alcohol any different than other recreational drugs? It's not.
Major
Tue, Jun 7, 2011 : 2:16 p.m.
@ Mike, it is a very simple solution! Legalize, and soon! Take away the "black market" and you take away crime, death, destruction, organized crime, reduce local, state and federal costs by the BILLIONS!! Save BILLIONS in taxpayer money used for the farce that's the "war on drugs"...oh did I mention the BILLIONS in tax revenue, and the BILLIONS that already pour into the economy....people need to get a clue here! The reality is, aspirin, tylenol, doctor mistakes kill millions every year, pot... a big fat ZERO and that is in it's entire history on this Earth!
Mike
Tue, Jun 7, 2011 : 1:53 p.m.
So the answer is to just legalize drugs? All I can say is WOW........... Seems like such a simple solution, but since I'm not such a simple person I guess I don't get it.
Mike
Tue, Jun 7, 2011 : 1:29 p.m.
Everyone is listening to all of the advocates while the majority remains silent. This is all going to come back to haunt us, just like it has in other "progressive" cities.
Ryan J. Stanton
Tue, Jun 7, 2011 : 2:26 p.m.
For the record, the majority voted for medical marijuana.
Major
Tue, Jun 7, 2011 : 2:10 p.m.
Oh really? "come back to haunt"..."us"? Where do you people get your misinformation anyway?!
Tom Joad
Tue, Jun 7, 2011 : 1:27 p.m.
Medical marijuana is a scam. It's been reported that roughly 50,000 prescriptions have been written by as few as 45 doctors. Many people who get the medical recommendation don't even see the doctor in person. He's in Hollywood, CA and they speak to him on video. The Federal Gov't needs to swoop in and close these illegal dispensaries, which are only cash cows for the owners.
Richard P Steeb
Wed, Jun 8, 2011 : 12:59 p.m.
Cannabis prohibition is the SCAM. From Sir William Brooke O'Shaughnessy to Granny Storm Crow, there is abundant proof of the medical efficacy of Cannabis. This Ann Arbor native has enjoyed its therapeutic effects daily since 1968. The federal government needs to swoop in and delete Cannabis from the Controlled Substances Act. [Within 60 days;] Rick Steeb, San Jose California
Dennis
Tue, Jun 7, 2011 : 7:18 p.m.
If you think medical marijuana is a scam you have never held your mothers hair while she pukes from chemo for 4 hours straight. Even if 100 people abuse it for every person who gets it and really needs it I would still be all for it.
grye
Tue, Jun 7, 2011 : 3:47 p.m.
Mjor: Have you tried Marinol? It is a legal drug with an active ingredient that is the synthetic version of marijuana. It is supposed to provide the same relief as marijuana.
Major
Tue, Jun 7, 2011 : 2:41 p.m.
You seem to have some information incorrect. For one thing, the doctors in question are board certified, licensed physicians...who see the patient in person, right here in Michigan. Secondly, they do not write prescriptions, they give written recommendations! As to the scam part...I feel you may be biased against this new reality in health management. It is real, and it is helping millions deal with many health related issues. I, for one, have been battling both cancer and chronic back pain that thus far has not been managed by the myriad of doctors, physical therapy and prescription drugs...all of which have side effects that lead to other issues...respectfully, I very much disagree with your viewpoint!
Mike
Tue, Jun 7, 2011 : 1:31 p.m.
Welcome to our new reality