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Posted on Sun, Feb 20, 2011 : 5:59 a.m.

Medical marijuana entrepreneur files lawsuit to halt Ann Arbor's proposed licensing ordinance

By Ryan J. Stanton

Tony_Keene_medical_marijuana.jpg

Tony Keene, owner of the Hydro Med medical marijuana co-op on South Industrial Highway in Ann Arbor, tends to his hydroponically grown crops on Saturday afternoon. Keene is asking a judge to force the Ann Arbor City Council to clearly define the terms "cultivation facility" and "dispensary" before proceeding with a new licensing ordinance.

Ryan J. Stanton | AnnArbor.com

The city of Ann Arbor is facing legal action for the second time since embarking on its quest to regulate the budding medical marijuana industry.

Ann Arbor resident Tony Keene, an industry consultant and owner of a medical marijuana cooperative called Hydro Med on South Industrial Highway, filed a lawsuit against the city in Washtenaw County Circuit Court on Thursday.

Representing himself, the state-registered caregiver and patient is asking a judge to halt any further Ann Arbor City Council deliberations on a pending medical marijuana licensing ordinance — at least until certain concerns are addressed.

Hydro_Med_medical_marijuana_9.jpg

Keene, a California native, grows several different strains of marijuana, including L.A. Woman, L.A. Confidential, Vanilla Kush, and Himalayan Gold.

Ryan J. Stanton | AnnArbor.com

The case was assigned to Judge Melinda Morris, and a court hearing was set for 3 p.m. March 2.

Keene argues consideration of the ordinance — now months in the works — should cease until the terms "dispensary" and "cultivation facility" are properly defined. He says they should be as clearly defined as terms like "caregiver" and "patient" are under state law.

"Until comprehensive definitions are in place, no city of Ann Arbor resident or council member can determine what is being licensed and regulated," Keene writes in his complaint.

As it's currently worded, the city's licensing ordinance defines a "dispensary" in one sentence: "Dispensary means a medical marijuana dispensary."

"Cultivation facility" is defined as "a structure or each space in a structure that is separately owned or leased by a person other than the owner of the structure, in which marijuana plants are being cultivated other than as a medical marijuana home occupation."

Keene says those definitions leave him scratching his head.

"Before I have an opinion on what's going to be licensed or how it's going to be licensed, I want to know what they're trying to license," he said. "And I think it's fair — as a citizen, as a caregiver and as a patient — for them to offer more succinct and clear definitions."

City Attorney Stephen Postema called it "unusual" that Keene is challenging an ordinance while it's still in the process of being drafted.

"He's really asking for the court to get involved with a legislative action before it's even complete — the ordinance isn't even done yet," he said. "It's not even past first reading. So it's improper for the court to get involved at this point. It doesn't even make sense."

As for Keene's concerns about definitions in the ordinance, Postema said there's still time for revisions, and the council is taking all input into consideration.

"Council is working through this diligently, and they'll address all appropriate issues in the ordinance," Postema said.

Keene said he decided to take legal action only after publicly raising concerns at City Council meetings in recent weeks without any response.

"I went to them six weeks ago, and I came back again two weeks ago, and there has been virtually no change in the process," he said. "They're still going ahead with making these rules without telling me what's what. Is a cultivation facility 100 plants? Is it 72 plants?"

Keene's lawsuit is the second against the city since it began discussions last summer on how to regulate medical marijuana businesses.

The Ann Arbor Chronicle filed suit in September, claiming the City Council violated the Open Meetings Act by holding "secret discussions" on medical marijuana policy behind closed doors. Judge Morris, who will hear Keene's case, threw out the online news organization's complaint last month.

The city has had a moratorium on new medical marijuana businesses since last August. Once the moratorium is lifted, it's expected that only a small handful of licenses will be made available to cultivation facilities and dispensaries that aren't already established.

City officials aren't sure whether Keene's business was up and running before the moratorium hit. According to domain registry data, Keene started his website a2HydroMed.com in January. But he said his co-op existed "long before" the moratorium.

In any case, Keene said that's not a concern to him — he doesn't think he needs a city license to operate a co-op that follows state law.

"I don't fear anything, because there is no way for the city to shut down someone who's in compliance with the Medical Marihuana Act," he said.

Hydro_Med_medical_marijuana_1.jpg

Keene has several different grow areas in his warehouse, including this nursery.

Ryan J. Stanton | AnnArbor.com

Keene doesn't describe his business as a dispensary. It's not even open to the public. It's a small co-op with five primary caregivers, each with up to five patients.

But it's arguably a cultivation facility, with patients and caregivers working together to grow dozens of marijuana plants under one roof.

Keene is just now ramping up the operation.

"We're remodeling spaces right now to open up an actual institute, where we'll actually be training people to grow, and we'll have our fertilizer company where we make all the fertilizer for growing," he said. "One of my primary ways of making money isn't selling pot — it's that all the pot that's grown is done with fertilizers that I produce."

With state law limiting each caregiver to five patients, Keene knows his business model isn't competitive with dispensaries that are serving sometimes hundreds of patients. And that's why he'd prefer Ann Arbor not allow dispensaries at all.

"I'm very adamant about separating medical marijuana from dispensaries, and that's the second reason I'm doing this," he said. "Unfortunately, I think that eventually I'll lose, and we'll have Amsterdam-style dispensaries. My prediction is there'll be 60 of them a year from now."

Keene remains hopeful his business will take off. He has big plans for a multifaceted operation that is part indoor farm, part research facility, and part chromatography lab — with quality-control testing for THC and cannabinoids. His hope is to offer "certified pot."

"I'm just not interested in selling pot — I'm interested in seeing this become a legitimate business," he said. "We're talking pharmaceutical development, pharmaceutical research. There's a huge, legitimate industry to be built out of this. And the dispensary model, it's turned into a group of people who want to have Amsterdam here. I'm sorry, this is the Midwest."

Ryan J. Stanton covers government and politics for AnnArbor.com. Reach him at ryanstanton@annarbor.com or 734-623-2529.

Comments

Timothy TJ Rice

Mon, Feb 21, 2011 : 4:26 p.m.

Why no mention of his ( Tony Keene ) real agenda?...the hidden agenda.... and He's suing the City? "I'm just not interested in selling pot — I'm interested in seeing this become a legitimate business," he said. quote from the Yellow Page... [Keene] had distributed a yellow two-side sheet to the audience that described an alternative strategy to the city's proposed licensing scheme. Jan. 3, 2011 meeting, section 6.. "Surplus shops are in effect controlled Dispensaries "however they just sell "HydroMed (Pot)" and would have nothing to do with any other aspect of the business" WHAT??? I'LL say again... HIDDEN AGENDA......And he's suing the City of Ann Arbor??? Timothy "TJ" Rice 734-686-7023 Ann Arbor Patient 2 Patient Caregivers Collective

David Cahill

Mon, Feb 21, 2011 : 3:42 p.m.

What's the Michigan Medical Marijuana Associatio?

jcj

Mon, Feb 21, 2011 : 2:32 p.m.

@ Roger WHAT? "Let's be intelligent and reasonable about Pot" You should have stopped after that statement! "It's clear as crystal to me." I can imagine what kind of "crystal"you are talking about. There are lots of things on this earth you would not put in your mouth!

Deborah

Mon, Feb 21, 2011 : 2:07 p.m.

The DEA has a program that pays people to pose as activists and infiltrate any pro cannabis groups They learned their corrupt fascist tactics from the FBI's COINTEL program Any one posting here supporting the DEA is probably one of their operatives AnnArbor.com's editorial policy is to support government agents and do all that is possible to make them look good They do a wonderful job of putting lipstick on that pig we call the DEA.

jcj

Mon, Feb 21, 2011 : 2:51 p.m.

If we are going to have an intelligent conversation we have to be honest. And to say that the majority of cannabis users use it for medical reasons is NOT being honest because I know you know better. I am indifferent to the ordinance. So I have no axe to grind!

jcj

Mon, Feb 21, 2011 : 2:40 p.m.

I suppose you get your talking points from Keith Olbermann the msnbc guru? Oh that's right even they could not tolerate him!

Deborah

Mon, Feb 21, 2011 : 2:04 p.m.

it amazes me that a poster with 5 votes is placed at the top as "most popular" I wonder if the poster is a staff member posing as a "community member" posting a comment in line with the Ann Arbor.com tea bag editorial policy. When did you guys sell out to Rupert?

Roger Roth

Mon, Feb 21, 2011 : 1:56 p.m.

Let's be intelligent and reasonable about Pot. There's probably a ton of stuff in the universe that God won't invent because he knows it wouldn't be good for people. That being said, you have to accept that, if God didn't want people to use and enjoy Pot, he wouldn't have invented it--or--if he invented it and then, later, decided he made a mistake, he could have sent along a little Pot borer that would wipe out the species. Or, maybe he was having a few boring eons and just wanted to throw a Pot monkey wrench into the absurdity of humanity simply for a little entertainment, like God TV. It's clear as crystal to me. I don't understand all the hullabaloo.

Michigan Reader

Tue, Feb 22, 2011 : 1:15 a.m.

There's a distinction to be made in your comments. Pot should be USED--for medical purposes, not ABUSED for recreational purposes. I really think God had that in mind.

jcj

Mon, Feb 21, 2011 : 11:58 a.m.

@Deborah You have shown your true colors!

Deborah

Mon, Feb 21, 2011 : 2:08 p.m.

and you have shown your sheeple colors

treetowncartel

Mon, Feb 21, 2011 : 5:37 a.m.

Maybe, he could add a claim asking where in the world is carmen San Diego, and the word dispensary in State act. The law suit is premature, you can not challenge epnding legislture, because there is no "standing", to challenge. My advice, go roll a pinner and wait foorsomething significant to happen. I have always supported the legalization of marijuana, but these efforts by people under the pre tense of supplying medicinal marijuana are embarassing. Riddle me this Batman, what are you going to tell your wife and children when John Ashcroft, or the equivalent, is the next US Attorney General?

Deborah

Mon, Feb 21, 2011 : 2 p.m.

censorship is alive and well on AnnArbor.com The DEA rules their editorial policy THE DEA LIES AND KILLS AMERICAN CITIZENS EVERYDAY THE DEA IS CORRUPT THE DEA SUPPRESSES RESEARCH THE DEA FUNDS CRIMINAL GANGS. THE DEA MURDERS PEOPLE IN THEIR HOMES Cannabis Cures KILL THE DEA KILL THE FBI THEY ARE THE CRIMINALS supported by lying liars running media sites like this POS site

Tru2Blu76

Mon, Feb 21, 2011 : 2:43 a.m.

WHERE is the DEA and FDA in all of this?? Cannabinoids are a drug, which means the production and control of these substances should be licensed and regulated by the federal government. Did Ann Arbor City government suddenly become an arm of the federal government? Did the city council pass any regulatory measures covering the operations at the former Parke-Davis / Warner-Lambert/Pfizer drug producing and testing facility which operated from 1958 to 2008? We can bet: the federal government had something to say about operations there. So - bring in the federal regulators and have them handle this "cottage industry" which is springing up around here (and everyplace else). As for the argument for legalization of mind altering drugs: Ridiculous. Anyone who says that legalization and deregulation of these mind-destroying drugs "makes things better" is out of their freaking minds. We're having enough trouble just paying the costs of perpetual care for those "disabled" by war, auto accidents and genetic diseases. Those who, of their own choice, decide to opt out of Reality are an outrage as it is, we can't afford to be supporting any kinds of free riders.

Deborah

Mon, Feb 21, 2011 : 2 p.m.

censorship is alive and well on AnnArbor.com The DEA rules their editorial policy THE DEA LIES AND KILLS AMERICAN CITIZENS EVERYDAY THE DEA IS CORRUPT THE DEA SUPPRESSES RESEARCH THE DEA FUNDS CRIMINAL GANGS. THE DEA MURDERS PEOPLE IN THEIR HOMES Cannabis Cures KILL THE DEA KILL THE FBI THEY ARE THE CRIMINALS supported by lying liars running media sites like this POS site

David Briegel

Mon, Feb 21, 2011 : 1:24 p.m.

Those who have "opted out of reality" are those who believe the failed "Drug War Industrial Complex" and the "Prison Industrial Complex" have improved the conditions of our society one iota. Prohibition has not worked. It won't work. The "free riders" are those who continue in these failed bureaucracies and continue to receive increased funding citing progress. Why should we continue rewarding failure? Just Say No to Reefer Madness!

Deborah

Sun, Feb 20, 2011 : 10:45 p.m.

Dispensaries are very compatible with the MMMA. People who oppose them do so from self-interest. This guy and others like him with the michigan Medical Marijuana Association want to make money from the picks and shovels. They hate it (like the DEA hates it) when people work to improve access together. Many attempts have been made to include people like Mr. Keene in the clarification process but they refuse and cowboy ahead on their. This suit will ultimately hurt access to a plant that cures.

treetowncartel

Mon, Feb 21, 2011 : 5:43 a.m.

Pleeeeeease, the stoners who wrote that act did not think about "dispensing". Please tell me, por show me, where dispensary is defined in the act. The ballot proposal never contemplated how people would obtain their starter batch, and they left it to the MDCH, who has an anti smoking tobacco smoking stance, to write regualtions for smoking another plant.

Major

Sun, Feb 20, 2011 : 10:31 p.m.

Sounds to me as if Mr. Keene is trying to out the competition! No dispensaries?? Really now. What of the masses that do not, or cannot grow for themselves? My take on this whole deal...it will be legal soon anyway, so this will all be a moot point. Once legalized, regulated and taxed, no one will be able to grow or dispense...just like alcohol and tobacco. Seeing as there is nothing but absolute, and total incompetence with the Ann Arbor city council, just what ordinance can these morons accomplish that's not self serving anyway...oh, I know, lay off police and fire personnel so they (we) can pay for a million dollar fountain in front of the new, gawd awful looking, city hall! Good luck Mr. Keene, you're going to need it!

Robert

Mon, Feb 21, 2011 : 1:28 a.m.

People can and do produce alcohol in their homes. I have little doubt that the same is true with tobacco. The same will be true for marijuana if current legal growers under the medical law have anything to say about it. Prescriptions are expensive... growing plants for medicine saves thousands for some.

Leonard

Sun, Feb 20, 2011 : 10:31 p.m.

Medical Canna-business will grow and flourish, regardless of all the obstacles thrown it way. From the Holistic point of view Cannabis is markedly pro-evolutionary, as it increases appetite, induces rest, suppresses violent urges and enhances sexual experience. Cannabis is not physically addictive, as it lacks the documented "physical withdrawal" syndrome, necessary for a physical dependence determination. The so-called "gateway drug" theory has already been determined to be invalid, and the recent scientific study declared it "half-baked". Drug Marinol is NOT medical marijuana (and it would seem that any reasonable person would understand this), as the whole plant has over 70 active compounds, therapeutically interacting with one another in many intricate and complex ways. It is very important to stress again and again that Cannabis use, as opposed to alcohol use, suppresses violent urges and behaviors, and that any increased anti-Cannabis repression in this country will be accompanied by increase in drinking, hard drug use, and violence, including among young people. Now, to say that Cannabis plant does not have medicinal properties is the same as to say that the earth is flat, and this would simply not be considered a "rational" statement. Would then the fact that Shafer Commission recommended an immediate decriminalization of marijuana back in 1972, or the fact that Judge Francis Young called marijuana "one of the safest therapeutically-active substances known to man" really surprise anyone? I don't think so. To win this struggle, just like with all Civil Rights struggles, we will need to overcome the "consciousness of fear", and repeat the TRUTH about Cannabis again and again, until the necessary "qualitative shift" occurs in our common consciousness, and we will be amazed that the ridiculous Cannabis prohibition really lasted for as long as it did!

Michigan Reader

Tue, Feb 22, 2011 : 1:05 a.m.

Repression of cannabis would lead to underground sales and use, as currently exists in this country.

Lovaduck

Mon, Feb 21, 2011 : 1:01 a.m.

What about all the studies which were done by objective scientists which found that continued use can lead to paranoia, lack of attention, possible lung damage. Furthermore we are ruining Mexico by our continual need for more and more drugs--though, of course, this could be reversed and stand as an argument FOR legalization. I just haven't made up my mind after all these years. I personally should state that whenever I have tried it in my past, I haven't liked it (just for the record--LOL).

Lovaduck

Sun, Feb 20, 2011 : 8:01 p.m.

Sorry to go against the A2 grain, but medical marijuana advocates are becoming one tiresome pain in the butt! Also, no matter where you stand on the issue," the argument that there are worse things" than the societal harm or personal medical harm caused by constant marijuana use is fallacious. (I'm not taking a stand on whether there ARE such harmful effects; I'll leave that to the scientific community to decide.) Just because there are WORSE legal substances would not add up to the conclusion that we should legalize marijuana. To me legalization, except for STRICTLY GOVERNED medical usage for those who have LEGITIMATE uses for it to relieve pain, etc. is just one more way of lowering the quality of life in 21st century America.

Deborah

Mon, Feb 21, 2011 : 2:01 p.m.

censorship is alive and well on AnnArbor.com The DEA rules their editorial policy THE DEA LIES AND KILLS AMERICAN CITIZENS EVERYDAY THE DEA IS CORRUPT THE DEA SUPPRESSES RESEARCH THE DEA FUNDS CRIMINAL GANGS. THE DEA MURDERS PEOPLE IN THEIR HOMES Cannabis Cures KILL THE DEA KILL THE FBI THEY ARE THE CRIMINALS supported by lying liars running media sites like this POS site

Robert

Mon, Feb 21, 2011 : 12:37 p.m.

I'm afraid it's the law enforcement officials and politicians who are making this law so difficult... not the advocates. If they would simply follow the law without putting up such a fight, there would be no issues.

treetowncartel

Mon, Feb 21, 2011 : 5:51 a.m.

Uhm , ;last time I went to high school and social events for the next twenty years the vast majority of users were recreational. This is the problem with marijuana movement, quit trying to make it an alltruisitc event. Seperate yourself from the meth heads, coke heads, glu sniffers, white horse riders, pill poppers and the like and you will have success. Keep trying to make ridiculouus claims about people smoking to meet medical nneds and I will back u

Deborah

Mon, Feb 21, 2011 : 5:20 a.m.

the vast majority of users are not recreational at all but rather people medicating various conditions. ADHD is indicated and allowed in CO, CA the Netherlands, Germany, Switzerland et al. there is a great deal of science out there if one cares to look. Thomas Jefferson used cannabis "recreationally" He refers to it several times in his writing from Monticello where he GREW Cannabis

jcj

Mon, Feb 21, 2011 : 4:14 a.m.

Deborah I am not lobbying for or against cannabis. But you conveniently left recreational use off your list! To deny that the VAST majority of users are recreational users is dishonest or ignorant!

Deborah

Sun, Feb 20, 2011 : 10:50 p.m.

The scientific community as decided. The AMA has called or cannabis to be rescheduled to at least II or even III level and that full research be done. The Lancet rated cannabis as not even being in the top 15 for most dangerous abused drug. CANNABIS CURES CANNABIS CLOTHES CANNABIS NOURISHES! r u paid to be this ignorant mr lovaduck? the DEA is spreading their filthy luchre everywhere these days in a desperate attempt to keep their corrupt boondoggle in play. Are you taking some of that money?

runbum03

Sun, Feb 20, 2011 : 7:06 p.m.

First pot was "sold" to the public like cigarettes as something wholesome and healthy - even given the "medical" moniker. Once we passed that gateway, now our Michigan youth are dying by the dozen from Heroin-overdoses (three this last week alone). The pot-law needs to be repealed - but won't be as Michigan lacks any real leaders. Take drugs and die young people; that is your lot and fate thanks to the Democrats and wimpy Republicans.

Robert

Mon, Feb 21, 2011 : 1:25 a.m.

Pot wasn't first sold to the public as medicine. It has BEEN medicine for thousand of years. Then after thousands of years of perfectly safe and legal medical and recreational use, racism and business interests prevailed and the US passed laws against marijuana. These laws coupled with a tremendously powerful propaganda campaign to misinform the public has led to the current state of things. Let's be clear marijuana has been a legal recreational and medical drugs for thousands of years more than it has ever been considered illegal.

Robert

Mon, Feb 21, 2011 : 1:21 a.m.

Deborah do not waste your time. This is not the first time this user has posted the same factually inaccurate argument. It is probably the 100,000th time. No amount of logic will help.

Deborah

Sun, Feb 20, 2011 : 10:52 p.m.

Cannabis cures Would you read the studies if posted them to you? Cannabis Cures Addiction MS Diabetes PTSD Depression Cannabis Cures Cannabis Clothes Cannabis Feeds only Jesus does more, sir. if you wish to be educated...then learn to read and think for yourself.

runbum03

Sun, Feb 20, 2011 : 7:06 p.m.

like cigarettes, in the 1950s

Ryan J. Stanton

Sun, Feb 20, 2011 : 6:17 p.m.

From an e-mail Council Member Sabra Briere sent to her constituents today: "An ordinance to license Medical Marijuana dispensaries and cultivation facilities is once again on the agenda for Tuesday. This item may be postponed, as the number of Council members present for discussion will be so limited. I've taken a more prominent role in this discussion than I anticipated. I want this legislation to be clear, easy to follow, and as patient-friendly as possible. As there aren't many models in Michigan for the Council to follow, I also would like the Ann Arbor ordinance to serve as a model. I'm willing to give this as much attention at Council as it needs, but not drag it out forever."

denise1inaa

Sun, Feb 20, 2011 : 6:12 p.m.

shadow wilson: Have you no compassion or empathy for the sick? With your disturbing comments you have thrown them all away . . . like so much garbage. I have no need to use pot but I do believe it should be available for those who will benefit medically. YES . . . the medical benefits of pot have been verified by the medical community. I'll listen to my doctor before I listen to an angry person such as yourself.

runbum03

Sun, Feb 20, 2011 : 7:15 p.m.

denise1inaa: What "medical benefits?" If one wants the anti-nausea effect of THC there are safer-pills available. There are no "medical benefits" from smoking pot and no one in the medical community has ever said that there are. At best, the medical field has called for scientific evidence in the form of studies. This process may take years. In the mean time, why take the word of pot-pushers?

Michigan Reader

Sun, Feb 20, 2011 : 5:30 p.m.

The definitions are clear enough for a reasonable person of ordinary intelligence to understand what's being regulated. Medical Marijuana dispensaries, outside of a home based location. The number of plants grown in a "cultivation facility" isn't definitive of what a cultivation facility is. It's the NATURE and CHARACTER of the facility. For example, a liquor store can sell as many bottles and cans of beer, wine, and liquor as it wants, but that doesn't change the essential nature of the business, which is alcohol sales. This really should and could be settled out of court.

Michigan Reader

Sun, Feb 20, 2011 : 8:06 p.m.

@Robert--I meant to say that an understanding by a "reasonable person of ordinary intelligence" is the standard used to convey what is allowed or not. The proposed licencing ordinance isn't clear as is? I think it is.

Robert

Sun, Feb 20, 2011 : 7:20 p.m.

When it comes to laws, every operational definition has to be explicitly defined. Being a reasonable person of ordinary intelligence has absolutely nothing to do with anything.

1bit

Sun, Feb 20, 2011 : 5:09 p.m.

What jcj said. This is a pointless exercise that will be thrown out. There is no ordinance yet. You cannot block an ordinance before it exists.

braggslaw

Sun, Feb 20, 2011 : 4:37 p.m.

I think marijuana should be legal that being said, we have to live within the laws of our state and country. I know of one person with a medical marijuana permit/card whatever the heck it is called. He can grow x number of plant for x number of people. In practice "patients" goto Jackson to see a certain "doctor" who writes the prescription on what I would call an assembly line. In most cases the marijuana is going to people who aren't sick but are smoking it for recreation. I don't have a problem with that if it is legal, but it is not.

Steve Pepple

Mon, Feb 21, 2011 : 12:16 p.m.

A couple of comments posted earlier were removed because they contained personal attacks against another commenter.

braggslaw

Mon, Feb 21, 2011 : 3:30 a.m.

Sorry I was laughing so hard at your point I needed to post a bit of sarcasm. No I'm not lying

braggslaw

Mon, Feb 21, 2011 : 3:28 a.m.

Huh? I keep my mendacity where it should be.

Truffledog

Sun, Feb 20, 2011 : 2:38 p.m.

I do hope Mr. Keene's efforts result in a viable ordinance. The current proposed wording shared in the article amounts to a pile of slop and and more lawsuits and wasted prosecutions waiting to happen. Tautological nonsense like a "dispensary is a dispensary" is an insult and is unworthy of even a draft. Livelihoods and very real criminal prosecutions will result from a poorly written ordinance. The original voter initiative forced the issue. It is up to local bodies to respect the voters intent. Try getting a team of UM Law students to offer a draft ordinance that can keep people out of court as well as hold up in one.

Michigan Reader

Sun, Feb 20, 2011 : 2:34 p.m.

Mr. Keene--Did you ask for an injunction? Will you suffer irreparable harm from further discussioon by the city council?

David Briegel

Sun, Feb 20, 2011 : 2:31 p.m.

"junkies"?, Coffee is more addictive! Silly madness indeed! Our entire approach to drugs has failed. Billions wasted. Lives ruined. And we are no better off today. Clownfish is correct. Legalize plants! They can't be regulated or controlled.

jcj

Sun, Feb 20, 2011 : 2:27 p.m.

Looks more like he is trying to protect his business from competition by delaying action. It does make no sense no go ahead with a lawsuit until something has been decided. It would be like the city suing you for drawing up plans that violate a city ordinance before you start building or even submit your plans!

Timothy TJ Rice

Mon, Feb 21, 2011 : 8:53 p.m.

Why no mention of his ( Tony Keene ) real agenda?...the hidden agenda.... and He's suing the City? &quot;I'm just not interested in selling pot — I'm interested in seeing this become a legitimate business,&quot; he said. quote from the Yellow Page... [Keene] had distributed a yellow two-side sheet to the audience that described an alternative strategy to the city's proposed licensing scheme. Jan. 3, 2011 meeting, <a href="http://annarborchronicle.com/wp-content/uploads/2011/01/HydroMedCooperativeProposal.pdf" rel='nofollow'>http://annarborchronicle.com/wp-content/uploads/2011/01/HydroMedCooperativeProposal.pdf</a> section 6.. &quot;Surplus shops are in effect controlled Dispensaries &quot;however they just sell &quot;HydroMed (Pot)&quot; and would have nothing to do with any other aspect of the business&quot; WHAT??? I'LL say again... HIDDEN AGENDA......And he's suing the City of Ann Arbor??? Timothy &quot;TJ&quot; Rice 734-686-7023 Ann Arbor Patient 2 Patient Caregivers Collective <a href="http://www.a2p2c2.com" rel='nofollow'>www.a2p2c2.com</a> founded Feb 2, 2010 202 E. Washington St. Suite 408, Ann Arbor, Mi 48104 734-686-7023 &quot;Resurget Cineribus&quot; Keep Planting Those Rainbows

shadow wilson

Sun, Feb 20, 2011 : 2:18 p.m.

It is certainly debatable whether Amsterdam should be held up as any &quot;model&quot;or city to emulate. <a href="http://www.justthinktwice.com/factsfiction/fiction_drug_legalization_works.html" rel='nofollow'>http://www.justthinktwice.com/factsfiction/fiction_drug_legalization_works.html</a> More importantly, I am disgusted that as our city faces police/fire cuts and the Governor tells us to get ready for real tough times...............................the AA city council wastes time, a lot of it on this crap. To the pot junkies; and you are junkies because your behavior is really no different then that of the opiate addict or the prescription drug user or the valium user (or it's current form)and that is drug seeking behavior. May I suggest you all just shut up and quietly go to your &quot; caregivers&quot; get your dope and go home.There are much more important issues presently.

Robert

Mon, Feb 21, 2011 : 12:34 p.m.

Because I seek a medicine I'm a junkie? I'm afraid you've made quite the inferential leap my friend. That's not how logic works...

Deborah

Sun, Feb 20, 2011 : 10:59 p.m.

your red herring aside, I have lived in the EU and the biggest complaint from those countries is that we and many others send to them REFUGEES FROM OUR GULAG, our profit centric GULAG. This is what our corrupt war on drugs has done. GO BACK TO YOUR DEA PUPPET MASTERS YOU ARE EVIL CANNABIS CURES CANNABIS CLOTHES CANNABIS FEEDS The DEA KILLS and is CORRUPTION PERSONIFIED

clownfish

Sun, Feb 20, 2011 : 2:06 p.m.

End the madness, decriminalize plants!

Robert

Sun, Feb 20, 2011 : 12:39 p.m.

I for one would love for Ann Arbor to be more like Amsterdam... their marijuana policies have led to less drug use and lower addiction rates than we have here in the US. I agree that dispensary needs to be properly defined. Hopefully, that will happen without court intervention so it won't cost us more money.

Michigan Reader

Tue, Feb 22, 2011 : 12:58 a.m.

Hey, this isn't that complicated. ALL of your hypotheticals are dispensaries. They're all in commercial districts--I consulted Webster's dictionary. &quot;1. a place where something is dispensed, esp. medicines.&quot; It really is that simple. No need to get extremely detailed in the definition.

Robert

Mon, Feb 21, 2011 : 1:16 a.m.

You're kidding right? I take it you've never actually read a law before? Go do that and then come back and report what the first section of the law was. I bet its a section of specific operational definitions for the law that follows. Clearly you don't understand much about the way medical marijuana gets into the hands of patients in this state and thus do not understand the need for this definition. Allow me to help you understand. - Mary Sue gets her medicine from her state registered caregiver who doles it out from a warehouse where he grows it along side other registered caregivers. Mary Sue's caregiver does not supply to anyone with whom he is not registered with the MDCH. Is he running a dispensary? - John gets his medication from fellow patients at the local compassion center. No medicine is kept by the compassion center staff and none remains on the premises after the patients leave. Transactions are not monitored by the compassion center as they only offer legal and educational services. Nonetheless, John visits the compassion center on a weekly basis in order to obtain medicine. Is the compassion center a dispensary? - Leslie gets her medicine from a local collective that is operated by fellow patients. The medication is grown by the patients for their personal use but to stay in compliance with the MMMA's weight limitations they participate in patient-patient tranfers at their collective's storefront. The storefront has a private membership that only expands enough to offload excess medicine that would otherwise make patients non-compliant with the law. Are they running a dispensary? All three of these scenarios are currently playing out in Ann Arbor. The city needs to properly define what a dispensary is or taxpayer money will be wasted by law enforcement, prosecutors, judges and defense attorneys scrambling to define it through the court system.

Michigan Reader

Sun, Feb 20, 2011 : 8:11 p.m.

Robert--The term &quot;Dispensary IS properly defined in the proposed ordinance. The definition is pretty self-evident on it's face.

kilroy

Sun, Feb 20, 2011 : 12:24 p.m.

Unfortunately for Mr. Keene his lawsuit drew Judge Melinda Morris, and she is very pro-defendant and almost always rules in favor of the City of Ann Arbor when it is a defendant.