Pubdate: Fri, 12 Aug 2011
Source: Leelanau Enterprise (Lake Leelanau, MI)
Copyright: 2011 Leelanau Enterprise
Contact:  http://www.leelanaunews.com/
Details: http://www.mapinc.org/media/4863
Author: Eric Carlson

TOWNSHIP RECOMMENDS MEDICAL MARIJUANA DELIVERIES GO TO HOMES

The Suttons Bay Township Planning Commission is recommending an
approach to the regulation of medical marijuana that may be unique in
Leelanau County so far.

"Primary caregivers" would be able dispense medical marijuana as a
"home occupation" in Suttons Bay Township, but would need to deliver
the marijuana to patients' homes rather than operating a storefront
"dispensary" or "collective" or otherwise using their property as a
commercial marijuana outlet.

"This is in keeping with a recent Michigan Attorney General's opinion
on the medical marijuana law that seems to discourage marijuana
cooperatives, dispensaries and other commercial enterprises," said
Steve Patmore, township zoning administrator.

At its regular monthly meeting last Wednesday evening, Aug. 3, the
Suttons Bay Township Planning Commission voted unanimously to forward
its draft zoning ordinance amendment on medical marijuana to a
township attorney for a legal review before taking their next step and
recommending an amendment for adoption.

"The amendment under consideration specifies that there would be only
one 'primary caregiver' allowed per dwelling," Patmore explained.
"Patients wouldn't be able to go to the dwelling to pick up their
marijuana -- the caregiver would need to deliver it."

Suttons Bay Township's draft zoning ordinance amendment to regulate
medical marijuana differs from one drafted last month by the Village
of Suttons Bay Planning Commission. Village planners recommended that
medical marijuana dispensaries be allowed only in the village's
"warehouse district" plus a portion of the commercial district in
Hansen Plaza off Fourth Street. The village's draft zoning ordinance
amendment prohibited the establishment of medical marijuana facilities
within 1,000 feet of any school or church.

Increasingly, new court rulings on various aspects of the medical
marijuana law are forcing local municipalities to adjust ordinances
they have in place, or are drafting. The approach being considered by
the Village of Suttons Bay and other municipalities may need to be
adjusted because of the recent Attorney General's ruling and as well
as court rulings emerging since November 2008. That's when Michigan
voters approved a referendum to allow the sale, distribution and use
of medical marijuana.

Patmore said that Suttons Bay Township Planners will likely continue
work on the medical marijuana amendment at next month's meeting after
they review an opinion from the township attorney.

In other business at their Aug. 3 meeting, Suttons Bay Township
planners:

  Heard an overview presentation on a draft Joint Master Plan for the
township and the Village of Suttons Bay from staff planner Kathy Egan.
Township planners had previously recommended approval of the Joint
Master Plan. The Suttons Bay Township Board was slated consider
adopting the plan at its monthly meeting on Aug. 10; and the Suttons
Bay Village Council will consider adopting the plan at its next
regular monthly meeting on Aug. 15.

  Discussed the future direction of the township planning commission.
Patmore explained that township and village planners alike are
seriously considering disestablishing separate planning commissions
for each municipality and establishing a Joint Planning Commission
which would draft a joint Zoning Ordinance for both
municipalities.

  Accepted the resignation of former Planning Commission chairman
Jeff Corbin who has been accused of criminal sexual conduct and may
face a long prison term. Patmore explained that Corbin's resignation
must be accepted by the Suttons Bay Township Board before it becomes
official. He said it was not clear whether Corbin would be replaced,
depending on the direction the township takes related to
disestablishment of the township Planning Commission and establishment
of a Joint Planning Commission with the village. 
- ---
MAP posted-by: Richard R Smith Jr.