“The Hubbard Law Firm is taking the lead in working with communities to develop sound policies to address Medical Marihuana.” - Terri Murphy Michigan Municipal.

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Presentation transcript:

“The Hubbard Law Firm is taking the lead in working with communities to develop sound policies to address Medical Marihuana.” - Terri Murphy Michigan Municipal League

The Unassailable Facts of MMMA -The MMMA was approved by a majority of voters in every Michigan county with an overall approval of 63%. - The Federal Government has determined not to expend “federal resources on individuals whose actions are in clear and unambiguous compliance with existing state laws providing for the medical use of marijuana.” Deputy US Attorney General David Ogden Oct. 19, “No law adopted by the people at the polls under the initiative provisions... shall be amended or repealed, except by a vote of the electors.... or by three-fourths of the members elected to and serving in each house of the legislature.” Mich. Const Art. 2 Sec. 9 - It is not the function of local government to determine whether medical marihuana has medicinal value or not. Its use for that purpose is legal in Michigan.

MMMA Authorized Activities: Registered Patients and Caregivers Patient without a Primary Caregiver Acquire Possess 2.5 ounces and 12 plants Cultivate Manufacture Use Deliver Transfer Paraphernalia Patients with a Primary Caregiver Acquire Possess 2.5 ounces Use Deliver Transfer Paraphernalia Primary Caregiver/ Patient Plus 5 Patients Acquire Possess 15 ounces and 72 plants Cultivate Manufacture Use Deliver Transfer Paraphernalia Primary Caregiver Acquire 12 Plants per Connected Patient Cultivate Manufacture Deliver Transfer Paraphernalia

MMMA Authorized Activities: Non-Registered Persons Non-Registered Persons Providing Paraphernalia Presence or Vicinity of Medical Use Assisting in use or administration of Marihuana Qualifying Patient Primary Caregiver Qualifying Patient

THE NEW LEXICON OF MEDICAL MARIHUANA PRIMARY vs. SECONDARY CAREGIVER DISPENSARY COMPASSION CENTER CANNIBUSINESS

MEDICAL MARIHUANA...LAND USE Conflict Between Communities Conflict Within a Community

Zoning for a New Use Non-ResidentialResidential ProblematicDefensible Basis Use by Right ResidentialNon-Residential Home Occupation (Accessory Use) Conditional Use MMMA: What are your Community Options? What are your Community Goals? Deprive MMMA Rights What is your Community Prevented from Doing? Rely on your Current Ordinance & Wait Do Nothing Regulate Prohibit Proactive