Pubdate: Fri, 20 May 2011
Source: Holland Sentinel (MI)
Copyright: 2011 GateHouse Media, Inc.
Contact: http://extra.hollandsentinel.com/submitletter.shtml
Website: http://www.hollandsentinel.com
Details: http://www.mapinc.org/media/1145
Author: Gary Brower
Bookmark: http://www.drugsense.org/cms/geoview/n-us-mi (Michigan)

MEDICAL MARIJUANA DISPENSARIES BANNED IN HOLLAND TOWNSHIP

Holland Township, MI - The Holland Township board effectively slammed
the door on medical marijuana dispensaries Thursday evening, passing
one ordinance and amending another that make selling the drug from a
retail store front illegal within the township.

The board unanimously passed an ordinance that requires caregivers to
acquire a license to grow and distribute medical marijuana, and also
amended a zoning ordinance that bans any business that isn't already
expressly allowed by the ordinance, including medical marijuana
dispensaries.

"I think the impetus is (the board) doesn't think dispensaries are
correct. They just don't think they are allowed under the law," said
Jon Mersman, Holland Township zoning administrator. "It was never the
intent of the voters to provide for the distribution in a commercial
venue of medical marijuana. The intent was to grow your own."

About 60 people crowded into the township board chambers for the
meeting, the vast majority standing in opposition to the ordinances.
There was also a small protest in front of township hall prior to the
meeting.

Park Township resident Al Neilly told the board he had long been
opposed to marijuana use of any kind until he recently visited The
Mix, a medical marijuana dispensary in Holland owned by his son. He
heard testimony from patients there that changed his mind.

"I'm a convert. I've been converted by people that (medical marijuana)
has helped," he said. "I understand what you are thinking, because you
are set in your ways. I was set in my ways, too. But if you spend a
few days in these stores you would see the good it's doing."

The licensing ordinance, which will take effect 10 days after being
posted in a local newspaper, will require caregivers to fill out a
confidential application for licensure, which will require the address
and legal description of the premises where possession, cultivation
and distribution of medical marijuana takes place. It will not require
the licensing for patients who grow medical marijuana for their own
personal use.

The ordinance also prohibits growth and distribution of medical
marijuana within 1,000 feet of sites where children are usually
present in large numbers.

The township heard from several who were opposed to the ordinances,
but did receive support from substance abuse prevention specialists
who applauded the townships efforts to protect children from exposure
to the growth and sales of medical marijuana.

"I want to encourage you in your efforts to protect public safety and
minimize the potential negative effects on our community," said
Lindell Herrick, a certified prevention specialist who works with
elementary students in Holland Township. "I want to thank you for
stepping up and doing your best to provide some local control over an
issue that should be controlled at the state level. A lot of
municipalities are doing nothing."

The ordinances have been passed, but the issue is far from dead for
the board.

Monica Bakker, spokesperson for Patient Solutions 420, said the
ordinances will effectively put her dispensary out of business. She is
seeking to stop that action, however, by filing charges against the
township for violating the Michigan Open Meetings Act.

She alleges the board violated the act on March 3 when Bakker claims
the board discussed the medical marijuana ordinance after the
scheduled meeting had been adjourned. Patients Solution 420 will be
seeking an injunction to invalidate any action the board has taken on
medical marijuana after that meeting, including the ordinances passed
Thursday. The charges are expected to be filed on Monday, said
attorney Daniel Grow.

Township supervisor Terry Nienhuis said the board did not violate the
act.

"We deny it every occurred, and that is pretty much how we are
responding right now," Nienhuis said. "We are always concerned when
accusations are made, but we are confident a violation did not occur." 
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MAP posted-by: Richard Lake