Emmet County extends medical marijuana moratorium

http://www.petoskeynews.com/news/featured/pnr-emmet-county-extends-medical-marijuana-moratorium-20111219,0,3510812.story

Emmet County will uphold its moratorium against medical marijuana establishments for at least six more months, the Emmet County Board of Commissioners unanimously decided Thursday night.

The county prevented medical marijuana dispensaries -- commercial locations distributing medicinal pot -- since Sept. 10, 2010, after being stumped by the vague language in the voter-approved Michigan Medical Marijuana Act of 2008. The latest extension keeps the moratorium in place until Aug. 30, 2012.


The resolution will allow Emmet County additional time to make an informed decision about how to proceed with regulating the act, said Emmet County attorney Kathy Abbott.

Legal and county officials are largely waiting for the Michigan Legislature and case law to outline what actions might be taken in the future.

Language in the latest resolution cites two decisions made during the past year, including "State of Michigan vs. McQueen" where the court found patient-to-patient sales of medical marijuana are not legal and Michigan Attorney General Bill Schuette's opinion prohibiting joint cooperative sharing of marijuana plants.

The resolution also includes new wording that would allow a person who has their property confiscated because of the moratorium to ask for a hearing to argue their case with the commissioners.

Under the resolution "a property owner who alleges that the moratorium causes a taking of property to request a hearing before the (Emmet) County Board of Commissioners for the purpose of requesting relief from the moratorium that may be appropriate under the circumstances."

Other communities in Northern Michigan are also upholding similar moratoriums, including Resort Township, the village of Mackinaw City, Boyne City, East Jordan and the city of Charlevoix.

Municipalities without moratoriums have also struggled with the implementation recently.

The Michigan Attorney General called for dispensaries in Jackson and Lansing to be closed Friday after undercover officers were allegedly sold marijuana with fake patient documentation, the Detroit Free Press
 
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