COMMISSIONERS HASH OVER MEDICAL MARIJUANA ZONING

The Clare City Planning Commission met for two and a half hours
Wednesday evening to learn more about land use in the City for
raising and distribution of Medical Marijuana.

The City enacted a moratorium on the matter earlier to allow the
Planning Commission to learn more before making any recommendation on
enacting zoning restrictions.

City Manager Ken Hibl said, "The Planning Commission's task is to
provide recommendations to the City Commission. This meeting is to
provide information on the Medical Marijuana Act, specifically as it
applies to land use."

Wednesday's meeting was an informal presentation and discussion with
several guest speakers on different aspects of the topic.

Attorneys Eric Misterovich and Andria Ditschman of The Hubbard Law
Firm from Lansing spoke about the history of the Michigan Medical
Marijuana Act, definitions and authorized activities under the Act.

Misterovich said Michigan voters approved the proposal in 2008. "It
passed in all 83 Michigan Counties, with 59 percent of Clare County
voters approving the measure."

He went on to say, "It's been thrown in your lap, now you get to act on it."

He said basically "The Act exempts a narrow class of people from
criminal prosecution for using and manufacturing Medical Marijuana.
You have zoning powers and should approach this as you would any other issue."

Casey Long of the Clare County Compassion Club and a licensed
"caregiver" said, "I believe a dispensary in this area would be
beneficial. We want what happens [here] to work for everyone." He
added, "Patients and Primary Caregivers are not businesses, and
cautioned that "regulations going against the Michigan Medical
Marijuana Act will probably bring costly lawsuits." Long went on,
"The people involved with this are usually very ill. We don't want to
add more stress, but keep them as safe and comfortable as possible."

Ditschman, a partner in the Hubbard Law Firm, said they have been
studying the new State law for over a year. "Land use concepts are
extremely confusing. This law was written to allow patient use. You
need to know what you want to allow and what you don't want to allow.
She said she doesn't recommend relying on current ordinances and not
doing anything, or prohibition based on Federal Laws prohibiting
Marijuana use. She did recommend a moratorium to study the matter,
collecting information, discussion and then deciding. "There are many
options for regulations," she said.

Types of land uses could involve multiple Patients and multiple
Caregivers in residential districts and possibly zoning for
dispensaries in a commercial district. "Commercial zoning is not
addressed in the Act," she said. "The State says a patient has the
right to transfer to another patient. That how dispensaries often work."

She said uses more likely in a commercial district would be growing
facilities. "Do we want to allow this or multiple caregivers at the
same location?"

Dr. Robert Townsend of Kalamazoo spoke about certification. He
certifies patients for the use of Medical Marijuana.

"I don't use it and I never have," he said, "but I believe in
patient's rights." He said the average patient is in his mid-forties
and has a painful medical condition.

"The questions to ask are 'Is Marijuana under the Act a medical
substance or a recreational substance?" He continued, "Do you like
getting sued? You may be if you deny someone." He added, "Are we
regulating a bar or a pharmacy?"

Townsend said, "We voted this in and it is the law."

He said one option to consider would be "wait until there is a
problem then look at zoning."

Mary Hayes, a caregiver for a son and a friend who died of cancer,
said, "If I could have gotten Marijuana to make their deaths easier,
I would have. Morphine kills pain and kills the patient," she said tearfully.

Several other audience members spoke of their use of Medical
Marijuana. Diana Vida, another user, said "I was on so many
medications, they controlled my life. I was addicted to vicoden for
pain. With Marijuana, I'm in control, in a better place than with all
of those pills."

Townsend said the dose of alcohol that kills is 10-1, with narcotics
it is 7-1. "With Marijuana it is 1,000 to 1," adding that there is
literally no withdrawal when use is stopped.

He related many uses for the plant and said he is doing a study on its use.

"Do you need a law?" Ditschman asked. "Maybe not. But you need to
look at what your ordinance does say. We are trying to allow
everything that is allowed and stop the things that aren't."

Clare County Prosecutor Michelle Ambrozaitis told the board, "We have
had issues with some individuals." She said there are a few patients
who violate the limits on plants and Marijuana for use. "We
confiscate only the amounts above the legal limits," she said.

Board member Ben Walters asked if dispensaries are legal or illegal.
Ditschman responded, "That's not clear. They are established all over
Michigan."

Board Member Jan Winter asked how patients could get the plants or
seeds and how large an area was needed for growing the plants.

Long replied saying the State law does not tell where to get the
seeds or plants. "Most come from other patients," he said, adding
that the space to grow plants depends on the type of plant, its
yield, the light source. "It is all different," he said.

Board member Elaine Demasi recommended that board members review and
study the information before making any recommendations at a later meeting.

Planning Commission Chair Dave Prawdzik asked Hibl about extending
the present three month moratorium on the issue to allow more time to
study the matter.