Oxford Township officials last week seemed dazed and confused as they spent 20 minutes discussing the topic of medical marijuana. In the end, they took no action or stance on the idea of having places to sell it or smoke it.
The agenda topic was supposed to be about a proposed zoning ordinance amendment that would have prohibited businesses that dispense or sell medical marijuana.
But a couple of audience members turned it into a discussion about the possibility of having a place in Oxford to meet and smoke their medicinal weed.
Orion residents Mike Mahan and Bill Caddick, both registered medical marijuana patients, approached officials to discern their attitude about having a Compassion Club meet within the township.
Organized under the Michigan Medical Marijuana Association (MMMA), Compassion Clubs have been popping up all over Michigan and meeting regularly since April 2009.
Basically, the purpose of these clubs is to educate patients, caregivers and the general public about the various legal and technical issues surrounding medical marijuana, the possession and use of which by those who qualify was legalized by 63 percent of Michigan voters in November 2008.
‘Any recreational marijuana user attending M3A Compassion Clubs looking to score will be sorely disappointed,? according to the MMMA website. ‘Our meetings are open to the public and often held in public places.?
Officials told Mahan and Caddick they can conduct such meetings because ‘the right to peaceably assemble? is guaranteed under First Amendment.
‘You can meet,? said township Supervisor Bill Dunn. ‘You don’t need our permission to have a Compassion Club.?
‘You have every right to do that,? said Trustee Sue Bellairs.
But Mahan and Caddick also wanted to see how the board felt about a second club, a private one separate from the Compassion Club, where only state-registered patients would be able to meet regularly to network and smoke medical marijuana (or ingest it via other means) together.
Patients who qualify for the use of medical marijuana must apply with the Michigan Department of Community Health (MDCH), so they can receive a card identifying them as a registered user.
‘We’re looking for a legal place where we aren’t harassed by police,? Caddick said. ‘They know where it’s at and they know what’s going on there.?
‘Don’t have any illegal activity and you’re fine,? responded Trustee Joe Bunting, who’s also a police officer with the City of Birmingham.
According to the MMMA website, ‘The Michigan Medical Marijuana Act prohibits smoking medical marijuana in public and smoking anything ? just like tobacco products ? is illegal inside public buildings anywhere in Michigan.?
Public places are any places that are open and accessible to the public such as bars, restaurants, workplaces and government buildings.
Michigan’s smoking ban, which takes effect May 1, includes all public places ? except casino gaming areas, cigar bars and tobacco specialty retail stores ? and even extends to private clubs like the American Legion and Elks Club.
The board actually spent very little time discussing the actual agenda issue before them, which was a copy of zoning ordinance language, originally adopted by the City of Livonia in fall 2009, that prohibited uses for enterprises or purposes that are contrary to federal, state or local laws.
Although Michigan voters approved the legal possession and use of medical marijuana by those who qualify, the election did not change the federal law.
‘Under the existing federal law, use of marijuana for any reason is not lawful. There is no exception for medical marijuana,? wrote Oakland County Sheriff’s Michael Bouchard in a March 8 letter to Dunn.
It was Bouchard who sent the township a copy of Livonia’s ordinance for consideration.
‘This whole thing is very confusing to me,? Dunn said. ‘They create a law, they say it’s legal, but you can’t buy it.?
However, according to Mahan, a registered medical marijuana patient and caregiver who attended the meeting, Dunn’s statement wasn’t true.
‘You can buy it. You cannot sell it,? he told the board. ‘It’s legal for me to buy it anywhere.?
According to the MDCH website, a patient or their designated primary caregiver may grow marijuana as a result of the voter-approved law, however, ‘there is no place in the state of Michigan to legally purchase medical marijuana.?
Mahan asked the township board to hold off on making any decisions prohibiting medical marijuana dispensaries because ‘there’s going to be a shortage of medicine in the very near future? due to the ratio of caregivers to patients.
The Michigan Medical Marijuana Act provides a system for designated caregivers to assist people who are too ill to grow their own. Like the patients, the caregivers must also register with and be approved by the state.
Caregivers can acquire 2.5 ounces of usable marijuana and grow up to 12 marijuana plants for a qualifying patient. Each caregiver may assist up to five patients.
Since April 9, 2009, the state has issued 12,804 patient registrations and 5,311 caregiver registrations, according to the MDCH website.