On December 29, 2010, the Michigan Supreme Court denied an application for leave to address whether e-mails sent between teachers were subject to public disclosure under the Freedom of Information Act (FOIA).  Previously, in a published decision discussed here, the Court of Appeals held that teachers' personal e-mails were not public records pursuant to FOIA merely because they were stored in the school district's computer system.

Michigan municipalities have been busy debating how to properly regulate medical marihuana in their communities.  Below is a summary of recent municipal action:

• City of Adrian:  The Planning Commission recommended regulations to limit medical marihuana operations to one business zoning district and prohibit such operations within 500 feet of a church, school, park or playground.
• City of Ann Arbor:  The City Council delayed a vote of a proposed medical marihuana ordinance until January 18.  The officials are taking a deeper look into whether the city should require caregivers to register with the City.
• City of Dexter:  The Planning Commission approved an amended medical marihuana ordinance to permit dispensaries.
• City of Marshall:  The City Council passed a six-month extension of its medical marihuana moratorium, originally passed in July 2010.
• City of Monroe:  City Council adopted a six-month moratorium regarding the sale and dispensing of medical marihuana.
• Algoma Township:  Passed a 12-month moratorium after receiving a request for a commercial operation.
• Cannon Township: Extended its existing moratorium for six-months allowing the township to debate regulations until June 2011.
• Holland Township:  After working for four months to come up with suitable regulations, planners have scrapped the proposed ordinance to start fresh.

The Grand Rapids Press Editorial Board published its thoughts on how to fix the law that has caused so much confusion.  According to the authors, the patchwork of local ordinances fails to properly solve the problems created by the Act.  The article calls on the Legislature to make changes and provide guidance to local governments.

As we have previously stated, municipalities should not wait for a legislative amendment to address medical marihuana on a local level.  The Michigan Medical Marihuana Act, as a citizen-initiated law, may only be amended by a ¾ vote from both houses of the Michigan Legislature.  Such legislative consensus will be a difficult task to complete.

The United States federal government is asking the Michigan Department of Community Health to provide records pertaining to medical marihuana for seven people under federal investigation in the Lansing area.  As of the time of this writing, the Department of Community Health has not complied, citing the potential penalties for disclosing confidential information.

Section 6 of the Michigan Medical Marihuana Act provides that a person or state agency that "discloses confidential information...is guilty of a misdemeanor, punishable by imprisonment for not more than 6 months, or a fine of not more than $1, 000.00, or both."

More information on this conflict between state and federal authorities is available at The Grand Rapids Press.