Pubdate: Tue, 22 Mar 2011
Source: Leelanau Enterprise (Lake Leelanau, MI)
Copyright: 2011 Leelanau Enterprise
Contact:  http://www.leelanaunews.com/
Details: http://www.mapinc.org/media/4863
Bookmark: http://www.drugsense.org/cms/geoview/n-us-mi (Michigan)

GOVERNMENTS MOVE TO CONTROL MEDICAL POT

Since the beginning of this month, at least three more units of 
government in Leelanau County have taken action to temporarily halt 
the establishment of medical marijuana dispensaries pending adoption 
of new zoning ordinances and other rules designed to regulate pot.

On March 2, the Bingham Township Planning Commission, acting on the 
direction of the Bingham Township Board, began discussions about how 
to draft a zoning ordinance amendment that will regulate the 
cultivation, storage, sale and distribution of marijuana for medical 
purposes. The township board last month adopted a nine-month 
moratorium on allowing such businesses to operate in Bingham Township 
until an applicable ordinance could be adopted.

The Bingham Township Board had taken action on the issue on the same 
night, Feb. 21, as the Suttons Bay Village Council, which also 
adopted an ordinance specifically prohibiting the establishment of 
medical marijuana facilities along with a six-month moratorium.

On March 8, the Leelanau Township Board approved a six-month 
moratorium. Supervisor James Neve said no one had inquired about 
setting up a medical marijuana dispensary in the township, but the 
issue had been discussed by the township Planning Commission.

"The planning commission needs time to gather more information about 
how, or if, the township Zoning Ordinance can limit or guide where 
medical marijuana is grown or distributed," Neve said. "We don't have 
a good idea about what can or can't be done."

The moratorium in Leelanau Township addresses registered medical 
marijuana patients and primary caregivers. Since the Michigan Medical 
Marijuana Act (MMMA) was approved by a statewide referendum, Neve 
said, the township does not want to be in conflict with existing state law.

The moratorium, which was prepared by attorney Ken Sparks, states 
that registered medical marijuana patients may use the prescribed 
drug for their personal use at their own residences, in a hospital or 
through hospice where the person is receiving care. Registered care 
providers may operate in accordance with MMMA.

A similar approach is being taken in Suttons Bay Township, according 
to staff planner Kathy Egan who also works for the Village of Suttons 
Bay and Bingham Township through a contract with Suttons Bay 
Township. Egan said attorney Bryan Graham drafted language adopted 
last Wednesday, March 9, by the Suttons Bay Township Board.

In addition to imposing a six-month moratorium on medical marijuana 
dispensaries, Suttons Bay Township, along with the Village of Suttons 
Bay, also adopted a separate ordinance against establishing a medical 
marijuana dispensary.

"The change in the law is so new that no one knows for sure what will 
work best and will stand up in court if it's challenged a moratorium 
or an ordinance," Egan explained.

She said the township and village had adopted a "belt and suspenders" 
approach, and adopted both a moratorium and an ordinance, delaying 
establishment of any medical marijuana dispensaries.

"Our attorney's understanding is that as long as you put a time limit 
on a moratorium and can demonstrate that you're really working on an 
appropriate ordinance or zoning ordinance amendment, that you can 
impose this kind of temporary moratorium," Egan said.

Elmwood Township adopted a similar moratorium last year. However, at 
least one medical marijuana facility is known to be operating in 
Elmwood Township. But it opened weeks before the moratorium was put 
into place.  
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MAP posted-by: Richard Lake