Pubdate: Thu, 11 Aug 2011 Source: Tecumseh Herald (MI) Copyright: 2011 Herald Publishing Company Contact: http://www.tecumsehherald.com/node/13 Website: http://www.tecumsehherald.com/ Details: http://www.mapinc.org/media/5284 Author: Deb Wuethrich RAISIN TOWNSHIP APPROVES POLICE POWER MEDICAL MARIJUANA ORDINANCE Trustees on the Raisin Township Board unanimously approved a Police Power Medical Marijuana ordinance on Monday night. The move followed discussion begun in 2008 when the state of Michigan approved the Michigan Medical Marihuana Act (MMMA), a referendum authorizing the use of marijuana for certain medical conditions. The new ordinance states, "The intent of the referendum was to enable certain specified persons who comply with the registration provisions of the law to legally obtain, possess, cultivate/grow, use and distribute marijuana and to assist specifically registered individuals identified in the statute without fear of criminal prosecution under limited, specific circumstances." Township attorney David Lacasse recommended that the issue be approached as a police power ordinance geared toward public health and safety, enforceable by the police, especially since Raisin Township has its own police department. The township, and other government entities, have faced the challenge of crafting an ordinance that does not violate Michigan's Medical Marihuana Act while still maintaining some local control over the potential spread of illegal activities. The ordinance specifically addresses dispensaries, which are not allowed in the township. "Basically, this ordinance deals with the issue of dispensaries and the definition of dispensaries and how this township chooses to enforce this ordinance," said Phillip Schaedler, Lacasse's law partner, who sat in on Monday evening's township meeting. He said under the provisions of the MMMA, patients are allowed to grow marijuana in their own homes, and allowed to obtain it from a designated caregiver. "It does not permit commercial traffic of marijuana," said Schaedler. "That's not permitted nor was it contemplated by the Medical Marihuana Act. What you have is a legitimate first step talking about health and safety." The board trustees also discussed other angles of concern regarding public health and safety of growing operations, including the fact that having such a home-based operation is subject to inspection from electrical, mechanical, and plumbing perspectives. Police Chief Scott Lambka and Fire Chief, Richard Renard, along with the attorneys, have taken part in state and regional discussions about areas of concern surrounding the issue. "You're also talking fertilizers, pesticides and herbicides, so that's another health and safety issue associated with this," said Schaedler. "Those are the primary issues that can be addressed through your permit process and through your zoning ordinance. It's a perfectly legitimate way to effectively regulate." Lambka suggested that the township should continue to work on a zoning ordinance to help address the matter from a public health and safety perspective once the police power ordinance involving dispensaries is complete. The ordinance will take effect after it is published, which is to take place within 30 days of Monday night's passage. "From a haz-mat point of view, some of these situations we have seen are just fires waiting to happen," said Lambka. "I think this ordinance is a good start, but we really need to look at the other side of that, and we have a very competent building department to help us make sure things are run safely." Schaedler pointed out the varied approaches communities are taking, and said some would defer to the fact that 67 percent of the voters approved the concept of medical marijuana. "There are people with strong feelings on the issue that the federal law pre-empts state law," he said, adding that some entities are also exceeding the strict terms of the state statute by providing something more liberal than the statute requires. "As long as you are making a good faith effort to comply with the strict requirements of the statute, which your ordinance does, you have the benefit of the state statute as a defense," said Schaedler. "I think as long as you approach it responsibly, which this community seems to have done, you don't have to worry much about being held liable." Also at Monday night's meeting, Raisin Township trustees voted to resubmit a bid for three road projects recommended by the Lenawee County Road Commission, which had been rejected because of "not to exceed" language the township had used in designating that the projects not exceed a cost of $67,915.52. Township Supervisor Carl Wagner said bills for projects typically come in from the Road Commission stating actual cost, and was usually "fairly close," but could go over. Several trustees took issue with the rejection of the language, however, including the fact that the Road Commission is "the only game in town." "They advertise in the paper that they have got all these projects and how they add up to a certain amount, and now they're rejecting our bid because we've asked that it not go over a certain amount," said Trustee Jim Palmer. He added that the Road Commission should recognize that townships need to steward their funds, just like other entities. "They don't want it because we've asked them not to go over the bid. That's not cool." The trustees then voted to resubmit the bid as originally prepared, and said it would be up to the Road Commission whether they accepted the project or not. In other business, the trustees: Heard a report from Larry Crittenden, the board's representative on the Raisin Township Planning Commission, that the Planning Commission would continue to work on wind ordinances for both industrial and residential this week. Made a decision to continue beginning monthly township board meetings at 6:30 p.m. through - --- MAP posted-by: Richard R Smith Jr.