Politics & Government

Commissioners Take On Transport of Medical Marijuana Again

Movement of medical cannabis already regulated by state law, but a local ordinance would give Royal Oak police leverage to conduct searches.

A proposed ordinance regulation the transportation of medical marijuana gets its second reading by the Royal Oak City Commission Monday after it was unanimously approved by commissioners in October.

The City Commission meets at 7:30 p.m. Monday, Nov. 9, at City Hall, 211 Williams St. A full agenda is found here.

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Michigan law already regulates the transport of medical cannabis under MCL 750.474, but a local ordinance gives Royal Oak police officers additional tools and leverage to conduct searches when illegal activity is suspected.

According to rationale supporting the ordinance on the city’s website, without such an ordinance, “probable cause to search a vehicle is negated when the driver or passengers produce their authorization to use medical marijuana, and they are not transporting more than the legal amount or driving under the influence.”

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However, with a local ordinance, police would be able to arrest and search authorized medical marijuana users if they’re unable to demonstrate that they’re properly transporting medical cannabis, regardless of whether the amount they possess is legal.

“This search may obviously lead to other contraband or evidence of a crime,” the city said.

Other nearby cities, including nearby Troy, are also addressing the question of how to bring criminal charges when medical marijuana is improperly transported within the city limits, the city said.


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