MARIJUANA SALES RULES UNDER REVIEW IN GRAND LEDGE

GRAND LEDGE - Grand Ledge voters supported the medical marijuana
issue in the 2008 election, but now the city must decide how it will
be enforced within its boundaries.

The city council discussed the issue at the June 1 meeting, but have
put the issue on hold for at least another 120 days.

When Michigan voters approved an initiative allowing medical
marijuana growing and use, they gave no direction as to how the
product would get from where it is grown to where it is needed,
leaving the retail part of the process in a legal limbo.

Other municipalities are facing the issue as well.

In Williamston, a marijuana dispensary was raided by police, while
in DeWitt Township, one remains open, according to a report to the
Grand Ledge City Council by city attorney Richard Robinson.

"There will be a difficult period of adjustment until the courts
rule on the issues," said Robinson.

The city could have had a real test recently, and not just a theoretical one.

A local business owner had recently refused to lease his vacant
store for that purpose, Grand Ledge Mayor Kalmin Smith told the council.

"It is important to note this is not just a fanciful discussion," Smith said.

In a wide ranging discussion before the city council, local
officials were clear they do not want marijuana dispensaries to
become a part of the Grand Ledge landscape without some kind of limits.

Robinson told the council they cannot prohibit medical marijuana,
since the state law is controlling over any local ordinance. But
they can regulate its sale either through using the city's police
power and requiring licenses, or else through the city's power to
regulate land use and the adoption of new zoning rules.

City Administrator Jon Bayless told the council Grand Ledge voters,
by their of votes of 2,529 to 1,544 in favor, mirrored the statewide
vote of 63 percent in favor of and 37 percent against allowing
marijuana to be grown and used for medical purposes.

Taking no action is not a good option, Robinson told the council.

"Vendors may gravitate to the municipalities with the least
regulation," Robinson said.

"We don't want to be a legal guinea pig for this," said City Council
Member Don Willems.

Because of the legal uncertainties and the range of options open to
the council, Robinson recommended and the council adopted a
resolution creating a 120-day moratorium on any use of land for
commercial medical marijuana purposes.

In their resolution, the council asked the Planning Commission to
study the issue, with input from the police department.

The city's zoning administrator was directed to report back to the
council after 75 days, leaving the council several weeks to consider
new ordinances, hold public hearings, and take a final vote on the matter.

Even though Michigan voters approved the growing and use of medical
marijuana, Robinson reminded the council it remains illegal under federal law.

"I have no illusions the federal government has this on the top of
their list for prosecutions," he said. "Nonetheless it is against federal law."