MARIJUANA FARMING IN MONROE?

There's an eye-popping proposal that's a bit unsettling to some
community leaders even though it could produce much-needed revenue
for Monroe County.

An entrepreneur from Florida has set his sights on a large vacant
building in Frenchtown Township that he hopes to convert into a
marijuana-producing facility. It could house close to 25,000 plants
in an operation that is sure to produce million of dollars.

But the big question remains: Is it legal?

It is, by far, the most ambitious venture regarding medical marijuana
being discussed in Michigan since voters in 2008 passed into the law
allowing its use among patients.

James McCurtis, a spokesman for the Michigan Department of Community
Health in Lansing, the agency that oversees the state's medical
marijuana industry, said the Frenchtown Township proposal is huge.

"I must say, it is creative," Mr. McCurtis said. "I have not heard of
something like that, not in Michigan. But that has a chance of being
legal." What is legal and illegal under the law is being discussed
and researched by local law enforcement officials, attorneys and
community leaders.

Monroe County Prosecutor William P. Nichols said he is investigating
the legality of the proposed operations and is trying to determine
what can be grown, where it can be grown, who can grow it and who can
possess it and how much can they possess.

"My problem is the statute is extremely vague," Mr. Nichols said.
"It's open to interpretation. Ultimately it will be decided by the courts."

In the meantime, thousands of patients and suppliers are sending in
applications to the state to take advantage of the medical marijuana
law. Mr. McCurtis said his office receives 1,000 applications a week,
mostly from those who are sick or hurting and want to use marijuana
to ease their suffering.

The Pot Capital?

The Department of Community Health so far is not breaking down which
communities are being targeted by applicants to either produce
medical marijuana or by those who would like to consume it legally.

Mr. McCurtis said there is no way to determine how many of the
thousands of individuals and applicants are from Monroe County.
However, in recent weeks there has been a smattering of registered
official business proposals to start so-called dispensaries where
registered patients may retrieve or receive pot legally.

From Dundee to Bedford Township to Monroe, applicants have begun the
process to start potentially profitable medical marijuana businesses
with names like Southeastern Medical Canibus Learning Institute and
Jake's Medigro Supply.

But the idea that raises the most eyebrows among officials is the one
proposed for Frenchtown Township.

Although discussion is in the early stages and nothing has been
approved, the proprietor has met with certain officials, including
Mr. Nichols, and is working with a local real estate agent.

The proposed growth facility would include sinking millions of
dollars into remodeling a vast vacant structure to create 340
individual rooms. To follow the law, each separate, enclosed and
locked room would be run by a registered dispenser. Each dispenser
can have five qualified patients and grow 12 plants for each patient.

According to written proposals, that would mean the facility could
house about 24,480 marijuana plants. Mr. Nichols said the person from
Florida proposing the idea might be within the letter of the law, but
he is leaning against supporting the idea.

"Our office does not believe the Legislature intended to create
marijuana dispensaries or grow facilities that cultivate thousands of
plants," he said.

The person making the proposal chose not comment. His Michigan
attorney did not return Evening News phone calls. The facility
targeted as a super cultivation plant is not being named because no
lease has been signed.

Frenchtown Township Supervisor James McDevitt said the proposal is in
the beginning stages and nothing has been determined. And even though
the person looking into the facility indicated that the township
could receive $50,000 a month or $600,000 a year in revenue -
much-needed money in this economy - he remains skeptical of the idea
simply because of its magnitude.

"I don't want Frenchtown Township to become the capital of Michigan
for producing marijuana plants," he said. "I'm not going to put this
township in jeopardy. It does concern me."

What Is Legal?

In Bedford Township a much smaller proposal is being researched. The
owner of a company is targeting industrial complexes to start a
medical marijuana producing operation.

A letter detailing the facility was sent to Mr. Nichols, who also is
looking into the legality of that possible operation. The proposal
states that regardless of the number of tenants, the facility "will
not be permitted to contain more than a total of 99 plants ..."

The Bedford proposal states that the facility will be outside
residential neighborhoods and will have a gated entrance, a security
system and surveillance system. It would not be a distribution point
for marijuana, nor would it be a place of congregation.

"Only the tenants, property manager, and appropriate law enforcement
officials will be allowed on site ..." the proposal states. "... Such
a facility clearly fits the given description of where a registered
caregiver is allowed to grow marijuana, and therefore such a facility
is completely legal under current state law."

Although he's familiar with the proposal, Bedford Township Supervisor
Walt Wilburn said he doesn't know enough to offer an opinion.

"We don't know what's legal and that's the problem," he said. "I'm a
little concerned about the activity (the facility) might create."

Township attorney W. Thomas Graham said the inquiry, believed to be
from a businessman from the Cleveland area, is preliminary. And while
research is being conducted into the legalities of such facilities,
Mr. Graham said the idea should not be immediately discounted by
concerned citizens because medical marijuana was approved by voters
and legally serves a purpose to thousands of individuals.

"We want to be fair to all our property owners," Mr. Graham said.
"But there are a lot of issues. We're just not sure."

What's Next?

Those involved with making decisions about medical marijuana
facilities are leery of supporting such businesses because the law is
new (it took effect in April, 2009) and because of the nature of the
beast: Marijuana has a stigma attached to it, making many believe it
is an illegal gateway drug that leads users to abuse more serious
narcotics like cocaine or heroin, which leads to an increase in crime.

Mr. Nichols said what is making the decisions to allow such
facilities to come to Monroe County difficult is the wording of the
law. Almost everything is up for interpretation, including what
constitutes debilitating conditions. Patients with severe pain are in
compliance to receive an identification card that would allow them
access to medical marijuana.

How is the marijuana distributed, who can distributed it and where it
can be distributed also are up for debate because they lack clear
definitions, Mr. Nichols said. That's why, he said, the final
decision of whether a business can set up shop here most likely will
be up to a judge.

Other attorneys are just as perplexed as to what is legal and what is
not. Kerry L. Bondy, Frenchtown Township attorney, said she is
familiar with the proposal to start a medical marijuana facility in
the township but has seen nothing in writing.

Other proposed facilities, such as one in Dundee, appear to be a home.

"There are a lot of questions that are going to pop up," Ms. Bondy
said. "And I need to know that what is being proposed is lawful. It's
going to take a lot to figure this out."

Mr. McDevitt said he must keep an open mind about such a proposal. If
it is determined that the facility can produce almost 25,000 plants
legally and if security questions are answered, it should be
considered, especially if the township stands to make a hefty profit.

"It could be inviting," Mr. McDevitt said. "If it's legal."

[sidebar]

MEDICAL MARIJUANA BY THE NUMBERS

Thousands of people have applied to participate in the Michigan
Medical Marijuana Program (MMMP) since it became legal last year.

The following statistics are through this April.

27,883 original and renewal applications received

14,398 patient registrations issued

6,274 caregiver registrations issued

4,072 applications denied - most due to incomplete applications or
missing documentation

Rules

A certified caregiver can acquire 2.5 ounces of usable marijuana and
grow up to 12 marijuana plants for a qualifying patient. The
caregiver may assist up to five patients.

A qualifying patient must register with the Michigan Department of
Community Health. The applicant must pay a fee and submit personal
information to receive an identification card.

To qualify, the patient must be suffering from a debilitating medical
condition, such as cancer, glaucoma, HIV, AIDS and ailments that
include severe pain.

Michigan Medical Marijuana Program

Michigan voters legalized marijuana for medicinal use in November, 2008.

Participants must register to become patients of the Michigan Medical
Marijuana Program through the Michigan Department of Community Health.

A certified physician - a medical doctor or doctor of osteopathic
medicine - must state in writing that a patient has a qualifying
condition and that medical marijuana could help.

Registered participants are not allowed to possess or use marijuana
on a school bus, at a school or in a correctional facility. They can
not drive under the influence or smoke marijuana on public
transportation or in a public place.

Medical marijuana must be obtained through a caregiver licensed
through the Michigan Medical Marijuana Program. Pharmacies cannot
distribute marijuana.

The state does not supply seeds or plants.

The state does not refer patients to physicians or caregivers.

For more information, visit www.michigan.gov/mdch click on "Heath
Systems & Health Profession Licensing" then on the link for the
state's marijuana program.