Oakland County Should Lead the Way in Welcoming Dispensaries

This article was originally published on the Marijuana Patients Organization site on February 24, 2014.

During this month’s State of the County address, Oakland County Michigan Executive L. Brooks Patterson announced plans for an innovative health-care initiative to serve Oakland County’s homeless population. In explaining the need for the program, Patterson not only cited the moral obligation we have to protecting and serving the most vulnerable members of our community, but also highlighted the pragmatic reasons for why such a program is needed.

The fundamental economic premise behind Mr. Patterson’s social-service initiative is that preventive health-care is the most efficient use of limited government resources allocated to care for the homeless. As Patterson noted, proactive treatment can save the government millions of dollars by catching conditions on the front end before they spiral out of control. The status quo of responding after-the-fact and using the emergency room in lieu of a general practitioner does nothing to manage rising costs in Oakland County’s limited budget, and is quite frankly, unsustainable. Simply put, dollar-for-dollar, preventive medicine has a far better return on investment in health-care outcomes and managing health-care costs when compared to non-intervention. But notably, Mr. Patterson has ignored an elephant in the health-care-room by failing to address the need for medical marijuana dispensaries in Oakland County. This is a bit ironic, as Patterson has been eager to point out that Detroit City Councilman George Cushingberry was recently caught with open alcohol and marijuana in his car, in an apparent effort to shift the spotlight away from him after his despicable comments were published in the New Yorker magazine.

The Michigan Medical Marihuana Act (“MMMA”), which decriminalized possession of marijuana for licensed patients with certain medical conditions, is one of many social experiments that the several states, independent of the national government, have undertaken. As a laboratory for democracy, Michigan is leading the country in recognizing legitimate medical uses for marijuana that the federal government has, beyond the point of absurdity, refused to acknowledge. Unfortunately, the MMMA did not explicitly provide for commercial medical marijuana dispensaries within its text, leading to legal complications and unmet local demand in Oakland County for safe access to medical marijuana.

However, recent legislative and judicial developments pose a unique business opportunity for Oakland County. First, Michigan’s House of Representatives passed HB 4271, which would legalize dispensaries under a regulatory system of local control. This bill must now pass in the Michigan Senate and be signed by Governor Snyder before it becomes law. Second, the Michigan Supreme Court handed down its unanimous decision in Ter Beek v. City of Wyoming, which held that local governments, including Birmingham and Bloomfield Hills, do not have the authority to pass ordinances banning medical marijuana within their jurisdiction, as they are preempted by the MMMA.

Just like the health-care initiative Patterson proposed, the need for dispensaries is firmly based in both moral and pragmatic foundations. Given the ubiquitousness of recreational marijuana, moral condemnation of dispensaries that provide sick patients with safe access to medicine appears to be disingenuous at best and hypocritical at worst. Indeed, marijuana is the third most widely used drug among adults, falling behind only alcohol and tobacco. Of all of Michigan’s counties, Oakland County is second only to Wayne County in medical marijuana registrants under the MMMA. More importantly though, in passing the MMMA, almost 2/3rds of Michigan voters declared that legitimate medical uses exist justifying the decriminalization of marijuana for individuals with a medical need for it. It is time that we do what we say, and speak plainly about what we do with marijuana. The truth about medical marijuana is far less sensational than what its detractors would have you believe. And the simple truth is that the most vulnerable members of our society; the sick, elderly, and infirm, are beginning to turn to medical marijuana to treat debilitating conditions when other prescription medications fail. Too often these people are ostracized, labeled as degenerates, and charged as criminals, when they are simply trying to manage their pain. Instead of demonizing these people, we should be caring for them. Educating people about medical marijuana will help erase some of the moral stigma surrounding its use and allow us to better serve our friends, families, neighbors, and communities.

Practical considerations also favor allowing dispensaries in Oakland County. Medical marijuana patients often find themselves in the difficult position of needing medical marijuana in order to undergo their physician-supervised course of treatment, but being unable to procure it from a caregiver or grow it themselves. This situation arises for two broad reasons. First, the Department of Licensing and Regulatory Affairs (“LARA”), the state agency that administers the medical marijuana program, does not help patients find caregivers, i.e., individuals who can legally provide patients with medical marijuana. Second, patients are often unable to grow marijuana themselves because they are sick, lack the skills needed to grow and process the marijuana, or are prevented from doing so because they lack the necessary accommodations to comply with the MMMA’s strict requirements for growing marijuana. This has lead to a legitimate demand for commercial dispensaries where patients can safely purchase medical marijuana, as opposed to having to buy it off the street. In short, dispensaries provide the same benefits as pharmacies, by providing patients with safe and informed access to medication.

Opponents of dispensaries often claim that dispensaries will become hubs of criminal activity within their community. Quite to the contrary, restricting sales of medical marijuana to legitimate and highly-regulated businesses would help eradicate the existing black market for drugs where criminals thrive and prey upon others. It should also be noted that heroin has become the drug of choice for suburban teens and young adults. Are elected officials like Oakland County Sheriff Mike Bouchard and Oakland County Prosecutor Jessica Cooper really going to continue to claim that marijuana is just as dangerous as heroin and has no legitimate medical uses? It is a fact that no individual has ever overdosed on marijuana because doing so is medically impossible, but it also is a fact that Philip Seymour Hoffman was found to be in possession of both heroin and prescription drugs when he overdosed and died last week. Should these two officials be using their prosecutorial discretion to continue targeting medical marijuana, which is both decriminalized and regulated, as opposed to prioritizing heroin dealers that prey upon children? When government budgets are being slashed and services reduced, these are questions that we as a County need to be asking.

Finally, besides protecting the health, safety, and welfare of our communities, dispensaries are also an untapped potential source of tax revenue for local governments. With governmental budgets at a historic low due to decreases in state revenue sharing, expanding Oakland County’s tax base by attracting new businesses is one way to address this issue. LARA recently reported that the medical marihuana program has generated almost $7 million in profit for the state. Furthermore, the administrative fees levied under the program have generated a $23.5 million surplus for the state. These are significant numbers, and illustrate the potential economic benefit that dispensaries can have in their communities. Despite the regulatory hurdles that will certainly be involved with operating a dispensary, entrepreneurs stand ready to provide this health-care service, because a market exists due to unmet demand caused by the current shape of Michigan law.

In this author’s opinion, the benefits of allowing medical marijuana dispensaries in Oakland County seem to far outweigh the risks. Given Michigan’s economy, it is now more important than ever for government to roll out the red carpet, and not the red tape, for small businesses. This is to say that when businesses do well, communities and people also do well. As head of Oakland County, L. Brooks Patterson should again lead the way by signaling that Oakland County is open for business, albeit business that is highly-regulated, safe, and taxed. As Michigan and the region’s economy evolves, so too must Oakland County if it is to remain competitive and continue to attract new businesses. This is best done through taking bold, innovative, unconventional, and indeed sometimes controversial steps. Enough with the Detroit-bashing, Mr. Patterson; it is high-time you show us why you remain the best person to lead Oakland County.

[author title=”About the Author”]