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SAGINAW CITY COUNCIL STILL PLANS TO NULLIFY THE STATE MEDICAL CANNABIS LAW by The Review Editorial Staff
“Finally, for the record, let me be very clear: I believe that marijuana should be legalized. It has no more business on the Class I list than tobacco ... in fact, far less, I'd say. So I'm not out to bust anybody's butt because I'm clouded by reefer madness.” – Saginaw Mayor Greg Branch 12/10/2009
One year after voters approved the Michigan Medical Marijuana Act by a 63% landslide, the Saginaw City Council stands on the brink of nullifying the new state law. On the table, and virtually certain to be enacted by a unanimous council next Monday December 21st, is a moratorium that would prohibit registered qualifying patients from growing or even using medical marijuana within the city limits. This demonstrates a fundamental disrespect for the voters, patients and their families, caregivers, and doctors. Three million Michiganders voted yes to legitimize medical marijuana, despite a well funded but ill-fated no vote campaign that depicted a scruffy actor pretending to hawk marijuana to kids outside a smoke filled speakeasy, and even depicted juvenile delinquents bumping an old woman on their way out. These cheap shot tactics didn’t work. The people understood that Proposal 1 combined compassion with common sense; it made doctors the gatekeepers for medical marijuana, just like doctors are the gatekeepers for the real hard drugs they regularly prescribe like oxycontin, heroin, and barbiturates; it did not provide for marijuana street corner “speakeasies” as critics falsely claimed; it respected federal prohibitions on the purchase and sale of Marijuana; and it even contained an anti-drug-dealer provision to insure that “caregivers” would not be commercial entities in it for the money. No companies are allowed. A registered caregiver in Michigan is limited to only 5 patients (not enough to make a living), must be an individual over 21 years old, and can’t have a pas felony drug conviction. Now the same city council that was disgraced in November, when 80% voted to keep the city property tax cap, is intent on imposing a moratorium on medical cannabis patients and their caregivers. The “temporary” measure (these measures are famous for being extended ad nauseum) employs a curious legal fiction; Mayor Branch claimed it “…does not deny the legal rights granted to patients and caregivers under MMMA. It denies ‘land use’ for those activities.” Of course, this is a distinction without a difference for any registered patient or caregiver, relying on the statewide voter approved Michigan Medical Marijuana Act, which states, “The medical use of marihuana is allowed under state law to the extent that it is carried out in accordance with the provisions of this act.” The MMMA also states, “A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty… for the medical use of marihuana in accordance with this act.” The Saginaw Moratorium, as proposed, would deny the “use of land” for the cultivation, distribution, dispensing, smoking or other administration of marihuana; stores for specialized equipment for cultivation, processing, distributing or administering marihuana; and specialized schools or training for cultivation, processing, distributing or administering marihuana. So according to the legal fiction being employed here, a person in the city of Saginaw can do all these things that are legal under state law – they just can’t do these legal things on land within the city. Perhaps the City Council’s logic, that their moratorium would not deny the legal rights granted to patients and caregivers under MMMA, assumes that when a patient “gets high” the patient actually floats above the ground, and is therefore exempt from the moratorium. Of course, using sham zoning laws to get around the law is nothing new for cities. Sometimes they get away with it, and sometimes they get sued. City Council needs to come down to earth here, for it is absurd to claim that an absolute ban on the “use of land” anywhere in the city is not a ban on the people, who use the land by being present on it, who engage in the activity. Violation of the moratorium would be an offense punishable by law, but according to state law patients and caregivers are protected from this kind of unauthorized officious intermeddling; they are not subject to any “penalty in any manner, or denied any right or privilege, including but not limited to civil penalty.” Bad enough that the Council intends to undermine rights guaranteed to patients and caregivers under state law; but this is also being done despite the fact that a landslide in each and every precinct in the city approved Medical marijuana. Ten thousand city of Saginaw voters (69%) voted yes (more votes than any member of City Council has ever received). Over 55,000 Saginaw County voters just said Yes to medical marijuana. Michigan has 6,125 “qualifying patients” registered by the Michigan Department of Community Health. There are no dispensaries, and no crime associated with Medical Marijuana. The law still prohibits having pot on school grounds, buses, and from smoking it in any public place. There is no evidence that the medical marijuana law has or will cause any problems for the general public that can’t be solved by application of the state law which most of us voted for. Ever the spinmeister, disingenuous councilman Paul Virciglio discounted the landlside yes vote this way, "…your precinct results show only 18% of the Saginaw population passed the law. I represent the entire city and I am advocating for the other 82%." Therefore he will substitute his judgment, as an elected representative, for that of the voters. However, since less than 5% of the population voted for Virciglio, perhaps the other 95% should tell him to mind his own business. At least Larry Coulouris was a little more frank in his response to the landslide yes vote. At a recent holiday Chamber party, he just responded, “I don't care about what the voters say.”
Want to get on the list to speak out against this injustice? Anyone who wishes to speak at the next city council meeting before the moratorium is enacted must notify the City Clerk no later than 1:00 p.m. on the day of the Council meeting either in writing, by telephone (989) 759-1480, or by fax (989) 759-1447. Each speaker is limited to three minutes, must provide their residence address and subject matter of the appearance, and must limit their remarks to business that is within the City of Saginaw’s jurisdiction. The meeting is 6:30 PM December 21st at City Hall 1315 S. Washington Ave., Saginaw, Room 102.
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