Pubdate: Tue, 06 Sep 2011
Source: Flint Journal (MI)
Copyright: 2011 Flint Journal
Contact: http://www.mlive.com/mailforms/fljournal/letters/
Website: http://www.mlive.com/flint/
Details: http://www.mapinc.org/media/836
Author: Kayla Habermehl. The Flint Journal

SWARTZ CREEK PLANNING COMMISSION HOLDS OFF ON MEDICAL MARIJUANA 
BUSINESS DECISION PENDING REVIEW BY CITY ATTORNEY

SWARTZ CREEK, Michigan - Swartz Creek could get its first medical
marijuana business, pending review by the city attorney and another
look from the planning commission.

The commission Tuesday unanimously voted to refer plans for the
business to the city attorney for his legal opinion. They expect to
hear from the attorney at the commission's October meeting, said City
Manager Paul Bueche.

Although the business will have a dispensary area, it also will
function as a gardening store, said business owner Rachelle Arnott.

She said she welcomes the input from the commission and city attorney,
who has reviewed her application before and requested additional
information which she provided.

"We definitely don't want it approved and then (have them) say we're
not doing it correctly," Arnott said.

Use of medical marijuana would not be allowed on the premises,
according to Arnott's business plan.

The city passed its medical marijuana ordinance in April. The zoning
ordinance allows for dispensaries in the general business district. It
must be 500 feet away from other dispensaries or growing facilities,
residential areas, houses of worship or religious institutions and any
facility that cares or provides instruction for children younger than
18, according to the ordinance.

Some commission members had concerns about a court ruling at the end
of August that ruled patient-to-patient transfers of medical marijuana
illegal. Bueche said he hoped the city attorney would be at the next
meeting to help clarify issues and answer questions from the commission.

"We really want to make sure what we're doing passes the legal test
more than anything," said commission member C. David Hurt.
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MAP posted-by: Richard R Smith Jr.