Pubdate: Sat, 15 Jun 2013
Source: Voice, The (New Baltimore, MI)
Copyright: 2013 Journal Register Company
Contact:  http://www.voicenews.com/
Details: http://www.mapinc.org/media/5146
Author: Katelyn Larese

RILEY TOWNSHIP EXTENDS MEDICAL MARIJUANA MORATORIUM

A medical marijuana moratorium that focuses on dispensaries and 
grow-ops has been extended in Riley Township for another six months.

Township Board members unanimously approved the moratorium's fourth 
extension at their meeting on June 4. A medical marijuana moratorium 
has been in place in the township since the spring of 2011.

The temporary halt on medical marijuana dispensaries and grow-ops 
comes on the heels of a Michigan Supreme Court case that could change 
the way cities and townships regulate the drug.

"The only concern that we had is the state seems to be so undecided 
about which way they're going to go on this matter and stay that we 
have waited to see and get our direction from the state," Township 
Supervisor Al Titus said.

Planning Commission member Jodi Wisneski said officials are hoping 
the state will soon clarify what is legal and what is not under the 
Michigan Medical Marihuana Act, which was approved by 63 percent of 
voters statewide in 2008.

"The laws are very unclear to this day and leave a lot of very vague 
areas open to interpretation," she said. "If the laws are properly 
written, the township can then use them as a guide to either write an 
ordinance or let the state handle things."

The Planning Commission reviews the moratorium every six months and 
sends their recommendation to board members, who then vote on the extension.

Earlier this year, the state Supreme Court ruled that 
patient-to-patient sales of medical marijuana, as well as sales that 
take place inside of dispensaries are not allowed under the MMMA.

"It's more along the lines of dispensaries, grow-ops, that sort of 
thing," Wisneski said of the township's decision. "People are allowed 
if they are a caregiver to grow it for their personal use or for the 
use of their patients."

When looking into an ordinance regarding pot shops in commercial 
districts, the township decided to wait on making a move until state 
law has been clarified.

"The moratorium allows the township time to let the state work things 
out and to get everything in order before the township uses its 
resources to write an ordinance that may be obsolete in a few weeks," 
Wisneski added. "We're just stepping back and saying, 'let the state 
straighten it out.' Then we'll make our decision if we're going to do 
an ordinance and what we can do as a township to handle this."

Clearing out the smoke

Michigan courts have been shaping and clarifying the law regarding 
medical marijuana since the act was approved.

In 2010, the city of Wyoming amended its city code and enacted a 
zoning ordinance prohibiting uses that conflict with federal, state 
or local law.

A lawsuit was filed that year on behalf of John Ter Beek, a retired 
attorney and medical marijuana patient who suffers from diabetes and 
a neurological disorder that causes neuropathy and severe pain.

Last summer, the Michigan Court of Appeals declared Wyoming's 
ordinance "void and unenforceable" because it directly conflicts with the MMMA.

In its brief on appeal, the city acknowledged that the purpose of the 
ordinance "is to regulate the growth, cultivation and distribution of 
medical marijuana in the city of Wyoming by reference to the federal 
prohibitions regarding manufacturing and distribution of marijuana," 
according to the opinion.

Now, the Michigan Supreme Court will hear arguments in an American 
Civil Liberties Union of Michigan case seeking to strike down the 
city's ordinance.

According to the ACLU, 59 percent of voters in the city of Wyoming 
supported the proposal.
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MAP posted-by: Jay Bergstrom