Pubdate: Wed, 12 Jan 2011 Source: Three Rivers Commercial-News (MI) Copyright: 2011 Three Rivers Commercial-News Contact: http://www.threeriversnews.com/ Details: http://www.mapinc.org/media/5232 Author: Rick Cordes, Staff Writer Cited: Mendon Village Council http://www.mendonmi.com/ Referenced: Michigan Medical Marihuana Act http://drugsense.org/url/8mvr7sW8 Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan) Bookmark: http://www.mapinc.org/topic/marihuana MENDON ENACTS MEDICAL MARIHUANA ORDINANCE MENDON - The Village of Mendon has become the second municipality in St. Joseph County to adopt an ordinance to govern medical marihuana growing and distribution following a unanimous vote of the Mendon Village Council at its Dec. 13 meeting. Sturgis adopted a medical marihuana ordinance in May of 2010. Village manager John Hyden had suggested the need for the ordinance. "I recommended it. Without it there's no way to control it," Hyden said. Citing the alleged vagueness of Michigan's current medical marihuana law, he said, "I think we're forced to do it (adopt an ordinance)." Michigan voters in 2008 approved a statewide proposal that legalized medical marihuana growth and distribution by qualified caregivers to qualified patients, but since its enactment there has been widespread concern about the wording of the law and its implications for enforcement. Hyden said that there are two problems with the state law: first, that it doesn't give sufficient guidelines for municipalities or law enforcers, and second, that it stands alongside federal laws that prohibit growth, use, and distribution of marihuana, with conflicts between the state and federal laws being possible. Mendon has not had problems to date with anyone trying to use the provisions of the state law, according to Hyden. "We're just being proactive," he said. The Mendon ordinance can be enforced by village, county, or state law enforcement officers, Hyden said. The following are key provisions of Mendon's ordinance: . It was created to regulate individuals within the village that are qualified patients or primary caregivers under the Michigan Medical Marihuana act and is intended to allow those persons who comply with registration provisions to legally obtain, cultivate, use and distribute marihuana without fear of criminal prosecution under limited circumstance. . Marihuana is a controlled substance under Michigan law. . Legal marihuana can present an increase for illegal conduct, and thus can affect the health, safety, and welfare of Mendon residents. The ordinance prohibits the use of marihuana in any public place. Its growth must be inside an enclosed structure that is under the control of the caregiver and the building must be secured with locks. Mendon's ordinance allows only one caregiver to grow and distribute medical marihuana from a single location, and that building may not be within 1,000 feet of a drug-free school zone. No other commodities, products, or services may be offered from the site. Consumption of marihuana is not allowed at the caregiver's location unless by the primary caregiver who is also a qualifying patient. Violation of Mendon's ordinance is a misdemeanor. - --- MAP posted-by: Richard Lake