Pubdate: Wed, 22 Jun 2011
Source: Morning Sun (Mt. Pleasant, MI)
Copyright: 2011 Morning Sun
Contact:   http://www.themorningsun.com/
Details: http://www.mapinc.org/media/3938
Author: Mark Ranzenberger

UNION TOWNSHIP GIVES PRELIMINARY NOD TO MEDICAL MARIJUANA BUSINESS
LAWS

Union Township Wednesday gave preliminary approval to a pair of
ordinances to regulate medical marijuana-related businesses that might
want to open in the township.

On two unanimous votes, the township board made the first move toward
changing the zoning law to specifically address the location and
operation of dispensaries, growing operations and compassion clubs,
and to set up a system to license growing operations and
dispensaries.

A final vote is expected July 13.

"I think we're taking an honest and realistic approach," said Trustee
John Dinse, who also is a member of the planning commission, which
proposed both laws. Dozens of ommercial operations related to medical
marijuana have gone into business since voters approved the Michigan
Medical Marijuana Act in 2008, but none have opened yet in Union Township.

"Dispensaries and growing operations are not mentioned in the law at
all," said attorney Andria M. Ditschman of the Lansing-based Hubbard
Law Firm, who assisted the township's planning commission in drafting
both laws. "They are defined as whatever it says in your law."

Federal law continues to make use and possession of marijuana illegal,
but she said it's "highly unlikely that the federal government will
come after a municipality" for regulating activities under state law.

"If they're going to exist," Ditschman said, "here's where they
exist."

The zoning law will require dispensaries be located in business zones
and growing operations in industrial zones. Both kinds of operations
would have to be separated from residential property, churches,
schools and day-care centers by least 500 feet, and from each other by
at least 1,000 feet.

Township zoning administrator Woody Woodruff said that means that
conceivably, three or four dispensaries could open in the township,
dispersed through the suburban area's business districts.

"It's like the dirty book store," said long-time Trustee John Verwey,
referring to an adult book store that opened in the township,
prompting a rewrite of the township's zoning laws regulating placement
of adult book stores. "We haven't seen another one of them since we
zoned it."

The licensing law would set up an annual licensing and inspection
system for growing and dispensing operations. Security and safety
would be the primary goal of the inspections.

Licenses would not be needed for card-carrying patients or caregivers
who choose to grow marijuana at home, but home growing also would be
subject to inspections.

That's because of health and safety issues, Woodruff said. He said
some growers increase the carbon dioxide concentration in the air
around the plants, noted that artificial light used to grow marijuana
may strain home electrical systems, and said that there might be
issues with mold.

"We're going to be out there trying to keep people from making
electrical, fire and mold mistakes," Woodruff said.

Ditschman said issues around dispensaries continue to work their way
through the courts, and the process is still in its early phases.

"This is going to be ongoing," she said. "This is not going to be a
quick and easy process." 
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MAP posted-by: Richard R Smith Jr.