Pubdate: Tue, 15 Mar 2011
Source: Kalamazoo Gazette (MI)
Copyright: 2011 Kalamazoo Gazette
Contact: http://drugsense.org/url/vggfBDch
Website: http://www.mlive.com/kalamazoo/
Details: http://www.mapinc.org/media/588
Author: David T. Young, Special to the Kalamazoo Gazette

KALAMAZOO TOWNSHIP DELAYS VOTING ON MEDICAL MARIJUANA ORDINANCE

KALAMAZOO TOWNSHIP - Kalamazoo Township's proposed medical marijuana 
ordinance will go back to the drawing board for some tweaking for at 
least a couple more months.

The township board on Monday unanimously agreed to Supervisor Terri 
Mellinger's suggestion that the controversial ordinance be reviewed 
further for 60 days.

The board could have adopted it Monday night after the hearing and 
second reading.

The action followed a public hearing Monday night. The board also 
heard comments during a first reading last month as well as during a 
hearing in October.

"I believe we should give further consideration to the information 
and comments brought forward at this evening's meeting," Mellinger 
said in a prepared statement. "I suggest the previously established 
Medical Marijuana Act Committee give further consideration to 
potential alternative approaches that could minimize any disruption 
or relocation of existing primary caregiver operations within the Township.

I recognize that it will take some time for the Committee to conduct 
this further review and formulate any possible alternative ordinance. 
I also recognize that the April 18 deadline on the Township's 
moratorium is rapidly approaching. While it is important that the 
Township Board come to a decision on this matter in the very near 
future, it is even more important that the Board's decision be based 
upon full consideration of the concerns of the various affected 
parties and represent, as best we can determine, the best interests 
of the Township as a whole.

"I therefore move that we direct the Township Attorney to prepare an 
ordinance that would extend the Medical Marijuana Act Moratorium 
Ordinance for an additional sixty days and that we table any further 
action on this matter until after the Medical Marijuana Act Committee 
has met and made a recommendation on a potential alternative 
ordinance and it is presented to the Board of Trustees for action."

About three dozen people were in the audience, the largest gathering 
yet of three meetings on the issue.

All of those who spoke were against the proposed ordinance, 
maintaining it puts unfair burdens on caregivers in residential areas 
and the preliminary work done on it did not include any medical 
marijuana advocates.

Caregiver Chris Childs said during the hearing, "I'm disappointed the 
township didn't do some outreach with the community on this," noting 
all of the work done on the ordinance was by Township Attorney 
Kenneth Sparks and a special committee that did not include citizens.

The committee made recommendations to the planning commission, which 
turn forwarded them to the township board.

Speaking out against restrictions about caregivers who would grow pot 
for more than one patient in residential areas, John Tragowski said, 
"The new ordinance creates such a small commercial area where this 
activity is tolerated and creates a hardship."

Others said caregivers are not making a lot of money providing the 
substance to patients and cannot afford to purchase property in 
commercial and industrial areas to continue their services.

Steve Martindale said the ordinance will "hurt my patients... who 
cannot grow for themselves."

Registered patient Salmon Ali, whose residence was raided by 
authorities and his marijuana confiscated, said, "I feel like I've 
done everything I can to comply, but now I feel like I'm being 
discriminated against, like I'm being treated like a criminal."

Still others extolled the virtues of the substance, saying it has 
helped them with pain and nausea.

Some who spoke last month suggested the township could face legal 
challenges if it adopted the proposed ordinance.

Possession, use and sale of marijuana was illegal in Michigan until 
November 2008, when 63 percent of the state's voters approved a 
ballot proposal to permit its use and sale for medical purposes. 
However, since then, local municipalities have been charged with 
implementing the law, which varies on many communities.

Kalamazoo Township, like many other local government entities, 
implemented a six-month moratorium last October before the special 
committee and Planning Commission came up with a recommendation. More 
than two dozen people protested the proposed ordinance at its first 
reading Feb. 28.

Mellinger, after Monday night's meeting concluded, made special 
efforts to arrange meetings with medical marijuana advocates to get 
their input on a possible alternative ordinance.  
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MAP posted-by: Richard Lake