Pubdate: Tue, 28 Feb 2012
Source: Milford Times (MI)
Copyright: 2012 Observer & Eccentric Newspapers
Contact: http://www.hometownlife.com/section/CUSTOMERSERVICE2002
Website: http://www.milfordtimes.com
Details: http://www.mapinc.org/media/5217
Author: Aileen Wingblad

ATTORNEY: EXTENDING MARIJUANA MORATORIUMS A 'COPOUT'

Despite voters approving medical marijuana use more than three years
ago, communities throughout Michigan continue to extend moratoriums
allowing activities associated with the drug.

The most recent moratorium extension in the Huron Valley was OK'd by
Highland Township officials Feb. 8 - and this time they are stretching
it for a year. What was set to expire this March in Highland will now
run through March 6, 2013, which officials say will provide enough
time for directives from state lawmakers to assist the township in
setting its own rules.

"The legislature is really not coming up with anything (yet) to help
us in our decision making," said Triscia Pilchowski, township
supervisor. "While there have been some decisions by the attorney
general, we're not interested in being a guinea pig community with the
challenges we have to face."

The most recent resolution renews the township's moratorium on issuing
permits or licenses for growing, selling or dispensing medical
marijuana. It also notes that during the yearlong period, township
officials are prepared to update and amend the township's ordinances
to bring them "in full compliance with all applicable law, once
sufficient clarity is established to guide an appropriate regulatory
response."

Decisions from pending court cases throughout the state could also
help the township craft applicable regulations, noted township trustee
Barry Sherman.

Yet according to attorney Denise Pollicella - managing partner of
Cannabis Attorneys of Mid-Michigan - renewing these moratoriums time
and again could eventually land a township or other municipality in
court if a citizen or group decides enough is enough. That has not yet
happened, she said, probably due to the effort and money it would take
to pursue it.

"(But) by its very definition, a moratorium is temporary. Any
municipality (that continues to extend a moratorium) is not doing its
job.

"It's irresponsible, nothing more than a copout," she said. "All they
have to do to comply with state law is say 'You can put this here.' A
lot of them (instead) want to redefine things that are missing in the
Act."

Don Green, supervisor of Milford Township - where a moratorium on
medical marijuana activities has been extended multiple times - said
the issue is currently before the township's Planning Commission.
"There are a couple of issues that have been very-much talked about,
like dispensaries that the state doesn't allow."

Township officials, he said, are continuing discussions to determine
"what we can have that does fit in the community, that does fit the
intent of the law."

That, in turn, could affect rules governing home occupations and home
businesses, he said.

Milford Township's current moratorium runs until June 2012. A similar
moratorium is in place in the Village of Milford. It, too, has been
extended multiple times over the last few years.

Recent action at the state level hints at attempts legislators are
making to clarify the law. Last week, the Michigan House of
Representatives judiciary committee held a hearing on House Bill 5286
to further define what information is needed to obtain certification
for legal use of use medical marijuana. There is also a proposal to
require photographs on medical marijuana cards.
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MAP posted-by: Matt