Pubdate: Sun, 30 Sep 2012
Source: Plymouth Observer (MI)
Copyright: 2012 Gannett Co., Inc.
Contact: http://www.hometownlife.com/section/CUSTOMERSERVICE20
Website: http://www.hometownlife.com/section/news15
Details: http://www.mapinc.org/media/5306
Author: Matt Jachman

TOWNSHIP, CITY REVISITING ZONING APPROACH TO MEDICAL MARIJUANA

A recent Michigan Court of Appeals ruling has prompted officials in 
Plymouth Township and Plymouth to change direction when it comes to 
medical marijuana, which, although legal in the state under certain 
conditions, remains in conflict with federal law.

Since the passage of Michigan's Medical Marihuana Act in 2008, both 
communities have adopted zoning regulations that, while not 
explicitly mentioning marijuana, prohibited the use of any property 
for a purpose contrary to federal law, essentially outlawing the 
growing and storage of medical marijuana.

But a July Michigan Court of Appeals decision struck down a similar 
zoning provision in the city of Wyoming, on the state's west side, 
declaring it "void and unenforceable."

Moratorium

Plymouth Township's Board of Trustees responded to that move Tuesday 
by declaring a 90-day moratorium on any zoning request having to do 
with medical marijuana, which officials said buys them time to work 
out, through the Planning Commission, how medical marijuana growing 
and storage business uses could fit into the township's zoning scheme.

Township attorney Tim Cronin said a moratorium was permissible, but 
that "you can't do unlimited moratoriums" and that a "cogent zoning 
and planning approach" is needed. The medical marijuana law says that 
marijuana intended for such purposes must be kept in an enclosed and 
locked facility.

"We have to regulate it just like any other business," said Trustee 
Steve Mann, who emphasized the zoning issue pertained to marijuana 
growing and storage, not the use of marijuana by qualified patients.

Cronin said the city of Wyoming filed an appeal with the Michigan 
Supreme Court, which could reverse the decision. The higher court has 
not decided whether to take the case, but township officials will 
review the moratorium either when that decision is made or after 60 days.

Under review

In Plymouth, Mayor Dan Dwyer said the issue is under the city 
attorney's review.

"There are a lot of communities in the state now that are having to 
review it," he said.

The city is taking a deliberate approach, Dwyer said, to lessen the 
chance that it will have to revisit it later.

Medical marijuana has been causing confusion in communities around 
the state since it was approved by Michigan voters in November 2008. 
The use of medicinal marijuana is restricted to people suffering from 
"a chronic or debilitating disease," such as cancer, AIDS, Crohn's 
disease, hepatitis C, amyotrophic lateral sclerosis or other diseases 
as approved by the state health department. Patients must have 
written certification from their doctors and a state-approved medical 
marijuana card.

Dwyer said he respects the will of voters on the issue, but thinks 
medical marijuana should be treated like other controlled substances: 
available via a doctor's prescription and sold only at pharmacies.

"Make it a controlled substance like Vicodin or any other medicine 
and get it at your pharmacy," Dwyer said.
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MAP posted-by: Jay Bergstrom