Businesses wishing to dispense medical marijuana may or may not be able to set up shop in Oxford Township, depending on what officials decide at their 7 p.m. Wednesday April 14 meeting.
When the township board meets at Fire Station #1 (96 N. Washington St.), it’s expected to discuss the possibility of amending its zoning ordinance to prohibit uses for enterprises or purposes that are contrary to federal, state or local laws.
Such ordinance language, originally adopted by the City of Livonia in fall 2009, would prohibit businesses and shops that sell medical marijuana to approved users.
While it’s true that 63 percent of Michigan voters in November 2008 approved the legal possession and use of medical marijuana by those who qualify, the election did not change the federal law.
‘Under existing federal law, use of marijuana for any reason is not lawful. There is no exception for medical marijuana,? wrote Oakland County Sheriff Michael Bouchard in a letter to township Supervisor Bill Dunn.
Bouchard sent Dunn a copy of Livonia’s ordinance language because ‘different communities are evaluating what position they should take? regarding such businesses.
‘You may find (it) useful as you consider issues that may arise should these businesses become established in your community,? the sheriff wrote.
Bouchard said the state law doesn’t deal with ‘retail locations and zoning and other kinds of issues that a community may have their own wishes (as to) how they proceed.?
According to Bouchard, medical marijuana dispensaries come with ‘image issues? for communities as well as safety issues.
‘For example, in California, in a number of cities, they have more medical marijuana stores than they do Starbucks,? he said. ‘A number of those establishments in California have been held up at gunpoint because (the robbers can) get cash and drugs.?
Unlike Livonia, some Michigan communities have decided to allow medical marijuana dispensaries. Last month, Richfield Twp. in Genesee County adopted a zoning ordinance regulating where dispensaries can be set up.
Bouchard indicated he sent out the letter and sample ordinance language because he wanted communities like Oxford to have this information ‘at their fingertips, so they could make their own decision.?
Although such a decision is ultimately up to the township board, Dunn indicated he’s personally in favor of approving ordinance language similar to Livonia’s because he’d prefer to keep the sale of medical marijuana out of the local business mix.
‘I’m not opposed to pot smoking for medicinal purposes. It’s legal in this state because the voters wanted it and some people really need it,? Dunn said. ‘But I don’t think we need businesses selling it here in the township. There are other ways people can get it without having a pot shop in every town.?
According to the Michigan Department of Community Health (MDCH) website, a patient or their designated primary caregiver may grow marijuana as a result of the voter-approved initiative, however, ‘there is no place in the state of Michigan to legally purchase medical marijuana.?
If that’s the case, then why is it necessary to have a local ordinance prohibiting medical marijuana dispensaries?
‘That’s their interpretation of the initiative,? Bouchard explained. ‘Some people still want to enact a clear ordinance in case it’s interpreted a different way or there’s a court challenge.?
‘The law as it passed is being interpreted a lot of different ways,? the sheriff noted. ‘It wasn’t real clear on the regulatory side as most initiatives are . . . There’s a lot of unanswered questions.?
Michigan’s law makes no mention of medical marijuana dispensaries.
Patients who qualify for the use of medical marijuana must apply with the MDCH, so they can receive a card identifying them as a registered user.
To qualify, a doctor must certify in writing that the patient has a debilitating medical condition and that medical marijuana may mitigate the symptoms or effects of that condition.
Eligible medical conditions include cancer, glaucoma, HIV/AIDS, Hepatitis C, amyotrophic lateral sclerosis, Crohn’s disease, agitation of Alzheimer’s disease, nail patella, cachexia or wasting syndrome, severe and chronic pain, severe nausea, seizures, and severe or persistent muscle spasms.
Medical marijuana patients and their caregivers can each possess up to 2.5 ounces of useable marijuana. Either a patient or a caregiver can grow and possess up to 12 marijuana plants.
Ironically, just after he received Bouchard’s letter, Dunn was contacted by Orion Township resident Bill Caddick, a 53-year-old medical marijuana user, who’s looking to start a Compassion Club in either Oxford or Orion.
Organized under the Michigan Medical Marijuana Association, Compassion Clubs have been popping up all over Michigan since April 2009 and meeting regularly.
Basically, their purpose is to educate patients, caregivers and the community about medical marijuana issues such as the rights of patients and caregivers; what is legal under the law; how people can apply for a state registry identification card; and how they can grow or obtain their own marijuana.
‘It’s basically an information meeting on the subject for the general public,? Caddick said. ‘They have them in other towns like Ferndale and Royal Oak and Waterford. We want to start one here in Orion or Oxford. The reason I called Bill Dunn was to see what (Oxford’s) view would be towards it.?
Caddick’s also looking into the possibility of opening a store in Oxford or Orion to sell all the necessary equipment and supplies ? such as hydroponic systems and grow lights ? to cultivate marijuana and other plants at home. It would not sell marijuana seeds or plants, he noted.
‘We thought this would be a great opportunity for Lake Orion or Oxford,? he said. ‘There’s a lot of revenue for them to make off these stores . . . There’s a heck of a lot of these grow stores popping up everywhere. These places are booming.?
Having a ‘grow store? in the Oxford/Orion area would be more convenient for people around here than making them to travel to Pontiac, Caddick noted.
Caddick himself is a registered user of medical marijuana. He smokes it to curb the chronic pain he experiences due to a torn rotator cuff, an injury he sustained 20 years ago while working for General Motors.
‘It makes (the pain) manageable enough to where I can live everyday,? Caddick said.
For him, marijuana is a healthier, less expensive and more effective form of medication than any of the pharmaceutical drugs a doctor could prescribe.
‘To me, it’s a better alternative than eating chemicals,? said Caddick, who noted growing marijuana is cheaper than paying for constant doctor visits and prescriptions.
How often Caddick medicates himself depends on his pain level.
‘Sometimes I don’t medicate until the evening when I go to bed,? he said. ‘Some days I might do it in the morning and in the evening. Some days I might not medicate if the pain’s not bothering me.?
According to the Marijuana Policy Project Foundation in Washington D.C., the medical use of marijuana is supported by organizations such as the Michigan Nurses Association, American Nurses Association, American Bar Association, Leukemia and Lymphoma Society, American Academy of Family Physicians and the United Methodist Church.