Genesee County Community Officials Not Making A Move To Shut Down Medical Marijuana Dispensaries In The Area

[Michael Komorn]

Genesee County community officials not making a move to shut down medical marijuana dispensaries in the area

 

http://www.mlive.com...nity_offic.html

 

GENESEE COUNTY, Michigan — A state appeals court may have ruled last week medical marijuana can’t be sold, but it was business as usual for marijuana dispensaries in Genesee County.

 

While dispensaries across the state shut down in the wake of the ruling that patient-to-patient transfers are illegal, dispensary owners and officials here say they’re waiting until the smoke clears before they take action.

 

Just one local dispensary — The Barn on Bristol Road in Burton —shut briefly on Wednesday following the ruling, but reopened on Thursday.

 

“I have not had a single call (from local officials) since the case came out other than from folks who claim to be dispensary operators(concerned about what it meant for them),” Genesee County Prosecutor David Leyton said Friday.

 

“I don’t have investigators who can go out and inspect what are called the dispensaries and see if they are in violation. The only way I would be able to review any case ... is if any communities investigate it and bring me evidence that a dispensary is in violation.”

 

The ruling, by a Michigan Court of Appeals three-judge panel, specifically said that marijuana cannot be sold — even by one patient to another — despite the 2008 Law legalizing the use of marijuana from medicinal purposes.

 

Dispensaries are facilities where medical marijuana is grown,cultivated, stored, dispensed and sold to qualifying patients. (Read local dispensary owners' views on the ruling here)

 

There are dispensaries in at least four local communities —Burton, Flint, Forest Township and Thetford Township. Officials in those communities said late last week that no immediate action — if any at all — will be taken to shut down dispensaries.

 

In Thetford Township, the Township Board on Monday decided not to set regulations for medical marijuana businesses or enact a moratorium to prohibit them all together.

 

That leaves dispensaries on an equal footing with any other business in the rural township in northeastern Genesee County.

 

“We don’t want to get ourselves backed up against the wall and something we would regret. ... We’re waiting for the state to make a more definitive (response),” said Supervisor Clyde Howd, adding the township is willing to work with dispensary owners.

 

“We want to protect their rights. ... We are willing to work with those who do it correctly. I would think that we would work with and cooperate with (dispensaries) as much as they cooperate with us if they do it right.”

 

Howd said that the owner of 5 Star Meds, which opened about a month ago at 9144 N. Dort Highway, has bent over back wards to work with the township. Two other dispensaries are planning to open in the township.

 

In neighboring Forest Township, Clerk Debbie Banyas said the township, which has one dispensary, is drafting a medical marijuana ordinance.That process is likely to continue, she said.

 

“At this moment we don’t know enough about it,” Banyas said.“We’re at a standstill right now.”

 

Burton officials said they won’t shut down any of the four dispensaries operating in the city, but they won’t allow others to open, Mayor Paula Zelenko said.

 

“We’re not going to ask the ones open here to shut down,"she said Friday. "(But) we won't issue permits of any sort (for new dispensaries) until we have a clear understanding of how this new ruling is going to affect the laws.”

 

Flint’s six dispensaries also won’t be immediately affected by the court decision, said City Attorney Peter Bade. City officials will analyze the appeals court decision to see if it applies to all communities and also watch to see if the case moves on to the state Supreme Court.

 

“Do we currently have plans to start shutting dispensaries down?No. But we will look over the ruling to see if it causes us to take action,”Bade said.

 

Gerald Fisher, professor at Cooley Law School in Lansing, said the Michigan Marihuana Act has been wrapped in confusion and ambiguity since it was enacted, and the appeals court ruling could shed some light on it.

 

Ultimately, it is up to each municipality how the law is enforced, Fisher said. A medical marijuana ordinance is no different than a zoning or land use issue, he said.

 

“It’s a policy of that particular community,” said Fisher, who wrote a white paper on the Michigan Medical Marihuana Act and how it affects communities. “If medical marijuana is going to be a reality, communities should have some ability to dictate how it is to occur.”

 

At least 10 municipalities in the county have medical marijuana ordinances in place. At least another 12 have moratoriums.

 

In Swartz Creek, which has an ordinance, a proposed dispensary is on the agenda for its September planning commission meeting.

 

The dispensary’s plans already have been reviewed by the city attorney, who said the plan needed more detail, said City Manager Paul Bueche.

 

Since the impact of last week’s ruling still is unclear, Beeches said the city will proceed as it always have — sending applications for dispensaries to the city attorney, who will make a recommendation based on the current interpretation of the law.

 

“If it was against the law ...at the time (he issued his recommendation), he would recommend denial based on that,” Bueche said.

 

Staff writers Kayla Habermehl and Roberto Acosta contributed to this story.

 

 

Posted by

 

Michael Komorn

 

18006563557

 

[Shredder]

Genesee County Prosecutor David Leyton certainly has my respect. Just think how much better we would be if he were the state's AG.......shredder

[legacy]

Genesee County Prosecutor David Leyton certainly has my respect. Just think how much better we would be if he were the state's AG.......shredder

 

Amen!

[bumrush]

too bad no one bothered to vote in 2010....just a boring midterm election of no consequence. The party not in power always focuses on non-presidential election years. An almost 40% drop in voter turnout between 2008 and 2010 says one thing and one thing only.....

[GregS]

Leyton's attitude is largely with us. His is a reasoned approach, and I believe he would be much more compliant with the law than sheutthead is.

[+Silverblue]

too bad no one bothered to vote in 2010....just a boring midterm election of no consequence. The party not in power always focuses on non-presidential election years. An almost 40% drop in voter turnout between 2008 and 2010 says one thing and one thing only.....

I VOTED. I ain't a nobody.

 

Sb

[whacked]

Im glad Im in Genessee!!!!!!