The city adopts this chapter based on the following findings:
(A) In 2008, the voters of the state (with an approval by city voters of 58%) adopted by initiative election a statute authorizing the limited use, growing, and distribution of marijuana for certain medical conditions.
(B) The stated intent of the statute approved by the voters was to enable certain specified persons who comply with the registration provisions of the law to legally obtain, possess, grow, use, and distribute marijuana and to assist specifically registered individuals identified in the statute without fear of criminal prosecution under limited, specific circumstances.
(C) Despite the provisions of the medical marijuana legislation, marijuana is still a controlled substance under state law and the limited legalization of medical marijuana has a potential for abuse that should be closely monitored and to the extent permissible regulated by local authorities.
(D) Pursuant to the rules adopted (R 333.125) under the state Medical Marijuana Act, additional felony penalties apply to any caregiver who is convicted of distributing marijuana to someone not allowed to use marijuana for medical purposes.
(E) It is the intention of the city that nothing in this chapter be construed to allow persons to engage in conduct that endangers others or causes a public nuisance, or to allow the use, possession, growing, distribution, or consumption of marijuana for non-medical purposes that is otherwise illegal. This chapter is not intended to condone, authorize, or provide immunity from prosecution for violations of state or federal law, but rather only to describe the type of conduct which constitutes a violation of this chapter.
(F) It is the purpose of this chapter to impose specific requirements for those individuals registering with the state as “qualifying patients” or “primary caregivers” as those terms are defined by M.C.L.A. 333.26421, the state Medical Marijuana Act, and to regulate the conduct of activity pursuant thereto so as to protect the public health, safety, and welfare.
(Ord. 22, passed 10-19-2010)