Pubdate: Sat, 29 Jan 2011
Source: Argus-Press, The (Owosso, MI)
Copyright: 2011 The Argus-Press
Contact: http://www.argus-press.com/submissions/?mode=letters
Website: http://www.argus-press.com/
Author: Julianne Mattera
Bookmark: http://www.mapinc.org/mmj.htm (Cannabis - Medicinal)

CALEDONIA TWP. ADDRESSING MEDICAL MARIJUANA WITH ZONING

CALEDONIA TWP. - Caledonia Township is one step closer to approving a 
zoning ordinance amendment to address medical marijuana businesses 
following Tuesday's board meeting.

The Caledonia Township Board of Trustees approved the first reading 
of a proposed amendment to Caledonia Township's zoning ordinance 
meant to address medical marijuana businesses.

The amendment is scheduled for a second reading and council approval 
at the March township board meeting.

According to a memorandum from Township Zoning Administrator Doug 
Piggott, the zoning ordinance amendment would "prohibit a primary 
caregiver operating as a home occupation or any other commercial 
growing or distribution operations including cooperatives and dispensaries."

"The language only deals with uses that are already regulated under 
the zoning ordinance," Piggott said Tuesday.

Piggott also explained to the board that the wording of the zoning 
amendment doesn't specifically mention medical marijuana businesses. 
Instead it states that "uses for enterprises or purposes that are 
contrary to federal, state or local laws or ordinances are 
prohibited," according to the drafted amendment.

"Because of the fact that the growing and consumption of marijuana is 
still a federal offense, the belief is this language would then make 
it illegal under the zoning ordinance as it relates to activities 
controlled by the zoning ordinance," Piggott said.

The zoning ordinance amendment would not affect qualified medical 
marijuana patients who grow marijuana for their own consumption or 
primary caregivers who are growing and dispensing marijuana on a 
non-commercial basis, Piggott said.

The amendment would also allow business and operations related to 
medical marijuana as long as they didn't violate federal, state or 
local laws, the memorandum stated.

"Therefore a 'marihuana clinic' such as the one that opened in Owosso 
last year that provides services to patients such as help filling out 
paperwork, referrals to doctors and classes on medical marihuana 
would be permitted as long as not did not allow the consumption or 
distribution of marihuana on the premises," Piggott stated in the memorandum.

Piggott said the amendment was an approach several communities in 
Michigan had adopted to address medical marijuana.

Piggott's memorandum also stated the ACLU is currently suing some 
Michigan cities who have adopted similar language, but Piggott was 
unsure whether those communities were implementing the provision in 
the same manner as the township.

Until the Michigan Medical Marihuana Act is clarified, the legality 
of any approach by municipalities is uncertain, Piggott stated in his 
memorandum.

Pending the zoning amendment's approval, the township will continue 
to have a moratorium on medical marijuana uses until June 20.

The township originally enacted a moratorium on medical marijuana 
uses in September 2010 to allow the Planning Commission time to 
resolve issues concerning the interpretation and implementation of 
the Michigan Medical Marihuana Act in the township. The moratorium 
was extended another six months at the December 2010 board meeting.
- ---
MAP posted-by: Jay Bergstrom