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Jackson Medical Marijuana Likely To End Up In Court, Advocates Say

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bobandtorey Advanced Member

bobandtorey

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JACKSON, MI -- A proposed city ordinance that would restrict the growth and use of medical marijuana could end up in court if the Jackson City Council approves it, advocates of medical marijuana said Tuesday.

 

Joe Cain, owner of a medical marijuana dispensary in downtown Jackson, predicted that a civil rights attorney would sue.

 

"It's going to cost the city tens of thousands of dollars," Cain told members of the city affairs committee Tuesday. "That's not what we want. We want to work with the city."

 

Later in the meeting, the committee voted 2-1 to recommend the Jackson City Council approve a medical marijuana ordinance that says qualifying patients and primary caregivers would be allowed to grow and use the drug only in their homes.

 

City Attorney Julius Giglio has said that would ban existing or proposed dispensaries that provide medical marijuana to patients at businesses.

 

Such a ban could affect Cain's establishment, the Jackson County Farmers Market, 135 W. Pearl St. His business is not affiliated with the nearby Jackson Farmers Market that sells produce.

 

Roger Maufort, director of the Jackson Compassion Club, 1620 E. Michigan Ave., which also provides medical marijuana to patients, said he would consider suing over the city ordinance.

 

Michigan voters in 2008 legalized medical marijuana. Since then many local governments have tried to regulate medical marijuana and judges have attempted to interpret the law in several court cases. One case is going to be taken up by the Michigan Supreme Court.

 

Voting to recommend the ordinance were city council members Carl Breeding and Laura Dwyer Schlecte. Voting no was Councilman Daniel Greer, who said he wanted a complete ban of medical marijuana in the city.

 

"The reason for (banning medical marijuana) is I believe this is a policy issue," Greer said. "And as much as I feel compassion for the patients out there, this is a very confusing law that was passed. I think it was vaguely written."

 

While the Legislature attempts to clear up the law, Greer said, a ban is appropriate. "In order to help clear up any confusion in the city of Jackson, particularly for the police department, our chief and his officers, I think this is the best way to handle this, to defer to the federal law at this time.

 

"It doesn't mean that patients won't be able to take the medication in their homes," Greer said.

 

Breeding said he does not want too many restrictions. He said he "reluctantly" voted for the home grow and home use ordinance.

 

Another ordinance that has been considered would allow medical marijuana to be grown and used in certain areas in commercial and industrial zoning districts. Breeding backs that option.

 

"People have been smoking it for years and will be even after we do this," Breeding said. "Let them do it if it's for medical purposes."

 

Maufort said after Tuesday's meeting that he was glad the committee didn't recommend banning medical marijuana in the city.

 

"No, it's not a victory," he said of the recommendation. "It's not a complete loss. Again, patients need to have safe access and they need to have medicine when they need it, when their registration card gets approved."

 

The Jackson City Council likely will consider the ordinance next Tuesday.

 

Giglio said the council will have to extend a temporary moratorium, which is set to expire Aug. 10, on any new medical marijuana establishments.

 

The ordinance requires final approval at a second City Council meeting, the Planning Commission also must hold a public hearing and the ordinance wouldn't be effective until 30 days after it is passed, Giglio said. That does not leave enough time to meet the Aug. 10 deadline, he said.

 

It was unclear what action the city might take to shut down medical marijuana dispensaries if the ordinance is approved.

 

"After the ordinance is adopted, we'll look at our enforcement options," Giglio said.

 

Maufort said there are four existing dispensaries in the city. He is asking the city to allow them to continue to operate under a "grandfather clause" until the Supreme Court rules or state lawmakers pass legislation that would clarify medical marijuana rules.

 

http://www.mlive.com/news/jackson/index.ssf/2012/06/jackson_medical_marijuana_like.html

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Croppled1 Advanced Member

Croppled1

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It will be a sad day for all medical patients in the State if the Jackson Farmers Market is lost and people imprisoned . This reminds me so much of other Civil Rights battles of the past . All most patients can do is watch from home . These are very stressful times that are negatively effecting sick and injured individuals who need safe access that is not over regulated so as not to be affordable .

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Annnie Advanced Member

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I think closing the COMPASSION CLUB Jc3 Would be completely devistating to that area. MANY ppl are helped by the Club.. My own auntie who is now passed after a 3 week battle with EXTREMELY aggressive cancer was helped by some in that group. WHEN I COULD NOT GO THERE TO HELP HER because my car was broken.. Thank god i made it to see her one last time.. THANK GOD some others saw her before me.. even tho they didnt even know her or me hardly.. GOD BLESS THE JC3..

 

I am extremely disappointed that that club is effected but hey, They did the work to make MM accepted in that town.. so of course.. fill in the blank..

 

PLEASE go to the meeting and stand up for Roger Mauforts efforts to help sick ppl..

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Annnie Advanced Member

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But but but, it is legally compliant, and the city attorney/prosecutor signed off, and the council loves it.....I'll find some high powered civil rights attorney who will sue you for free, we'll cost you so much money! I'll hold my breath, I swear I will!

 

Guess they aren't as pleased with the dispensary as some thought. And it is not as legally compliant as claimed.

 

Dr. Bob

 

this is no joking subject and compassionate ppl will see that.. JC3 is being dragged into the nonsense.. VERY VERY NAUGHTY..

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Dr. Bob Advanced Member

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JC3 is a solid compassion club, with extensive educational activities, and a radio show. If they dispensed meds, I don't know.

 

The JCFM is Joe's thing set up to do p2p, cg2cg, and other types of transfers. It was loud and in your face vs the solid, quiet work of JC3. Joe was basically daring folks to question his version of reality and apparently they are. Good organizations are suffering as a result.

 

Dr. Bob

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michaelscott Advanced Member

michaelscott

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JC3 is a solid compassion club, with extensive educational activities, and a radio show. If they dispensed meds, I don't know.

 

The JCFM is Joe's thing set up to do p2p, cg2cg, and other types of transfers. It was loud and in your face vs the solid, quiet work of JC3. Joe was basically daring folks to question his version of reality and apparently they are. Good organizations are suffering as a result.

 

Dr. Bob

 

wow, ok so its this again. I like this guy so he's cool, I dont like him so he needs too be shut down.

 

What is an activist?

 

would rosa parks be an activist if she went to the bus yard at 3 am and sat on the busses.

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CaveatLector Advanced Member

CaveatLector

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I definately agree with the part about Good organizations are suffering as a result of this loud in your face behaviour..

This is why people who skirt the edges, push the envelope, and work the margins of the law are hurting EVERYONE in this movement. You get people on here, and elsewhere, supporting the actions of those operating at the edge of the law. Calling them heros. Lashing out at people who call for that sort of behavior to end. Some have the attitude that, "it's none of your business" since you aren't the one in harm's way. Nothing could be further from he truth. These self-annointed heros are the reason why the legislature and municipalities act to "fix" the law. They are the reason why bad law is created in the courts.

 

Would JC3 be facing a negative eventuality if not for the actions of jojo vain's FM? I don't know but I do know that jojo's threat of "costing the city tens of thousands didn't get him anywhere.

 

As an aside, recall if you will, jojo has threatened everyone from legislators to municipalities ever since that protest he held for John Roberts in Saginaw. Probably before then even. How many lawsuits has he filed in those 3 years? :lolu:

 

First, I'm sure that the municipality's legal counsel has advised on the possibility of any exposure to such a cause of action and I'm sure that is taken into account when decisions are made. Somehow I think they will consult their own counsel rather than a windbag when making policy decisions. Secondly, I've yet to see the windbag step up and sue anyone.

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Dr. Bob Advanced Member

Dr. Bob

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I think he is saying exactly what he is saying. That flaunting the law impacts the good with the bad. It is about time folks more interested in their bottom line start paying attention to the widespread effects of their actions.

 

Mills cut corners, don't require records, don't have doctors, do certifications throught the mail..... the result is HB 4861 to stop them and hurt legitimate practices and patients in rural areas in addition to the bad.

 

Farmers Markets use fuzzy logic to try and justify what clearly was illegal if they were called dispensaries trying to seize on one footnote or another or a different interpretation of the meaning of an isolated sentence outside the context of the paragraph. This Jackson issue is the result of that I am sure.

 

What is next? Forcing the issue in federal court because you got caught with 10 pounds of cannabis in a national park, and you want to hide behind the act?, claiming you needed that much to 'juice' cause you read about it in a magazine? We could lose the ENTIRE act over something like that.

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peanutbutter Advanced Member

peanutbutter

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Started to say I told you so and thought better of it.

 

For every action there is an equal and opposite reaction. One side pushes, the other pushes back.

 

 

Dr. Bob

 

Please stop blaming us for what they do.

 

"They" would be trying to put us in jail no matter what. It is offensive to try to assume responsibility for them being nazis.

 

"They" want to be unhuman monsters. Not our fault.

 

Stop trying to say that's our fault. It isn't.

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