MEDICAL POT 'CAREGIVERS' MAY BE SOON ALLOWED IN GHT

GRAND HAVEN TOWNSHIP - Grand Haven Township residents interested in
becoming medical marijuana "caregivers" could soon sell the drug in
their homes.

Following a public hearing Monday on the issue, the township's
Planning Commission unanimously approved recommending a zoning
ordinance amendment to the Township Board that would allow medical
marijuana as a home occupation.

"The Ordinance Review Committee looked at different ways to regulate
medical marijuana in the township," township attorney Ron Bultje told
planning commissioners. "The local units around here are regulating
this through home occupation and the Ordinance Review Committee felt
there is value in having uniformity among local units."

Grand Haven Township's proposed amendment to its existing
home-occupation ordinance falls similar in line with a handful of
local municipalities, including the cities of Grand Haven and Grand
Rapids, to allow the growth of medical marijuana within its borders.

During Monday's public hearing, Amy "A.E." Gasaway of Holland, who
represents several medical marijuana compassion groups and is also a
medical marijuana patient, was mostly concerned about the
confidentiality rights for the caregivers and patients. She argued
that patient and caregiver information is covered under the federal
privacy law; and if they have to register with the township, it could
open up a series of issues - including having their information
available to the public, which then can lead to "smash-and-grab"
robberies of marijuana and grow equipment.

"There is no need to register with you," she said. "They're already
registered with the state."

Bultje, however, explained that the township would not be privy to
any patient information and caregiver information - which is provided
to township officials upon the home-occupation permit application -
would also be protected from the public.

"We would not have the names of the patients being served by the
caregivers," Bultje said. "The caregivers would not be asked to
divulge those names to the township and we would not ask for it. The
caregivers' information is protected because they would provide it to
the township, in terms of getting a permit for a home occupation. But
we are not obligated to comply with a (Freedom of Information Act)
request that asks for information that's protected by law."

In the case of a FOIA request regarding medical marijuana caregiver
information, Bultje explained they could release statistical
information - such as the number of medical marijuana home
occupations operating in the township - but not locations or the
names of "caregivers."

Gasaway said she was injured in a car accident in 1989 and still
suffers from it - including a closed-head injury, broken back and headaches.

"It basically makes it so I live a more pain-free life," she said
smoking pot, which she has been doing since the Michigan Medical
Marijuana Act became law two years ago.

Throughout Monday's meeting, Gasaway provided commissioners some
insight to medical marijuana and the state's law regulating it.

"(My goal) is having the township understand and recognize the local
(Medical Marijuana Program) community, and also see that they stay
and adhere to the state laws," she said. "I think they're going to
have several civil challenges in the long run and they're going to
need a lot of good luck with that."

The proposed amendment that would allow medical marijuana in the
township would allow caregivers to have no more than five patients,
may grow up to 12 plants per patient and possess 2.5 ounces of usable
marijuana per patient. Medical marijuana businesses must also abide
by existing regulations in the home-occupation ordinance, including
not having any exterior evidence (other than a permitted sign to
indicate that it is being used as a home occupation), no outside
storage of equipment, the occupational space must not exceed 25
percent of the gross floor area of the dwelling, and only one
registered primary caregiver is permitted per dwelling. The proposed
permit area is also susceptible to inspections by the zoning
administrator, the township's Fire/Rescue Department and law
enforcement officials.

In regards to operating hours, medical marijuana caregivers in the
township may conduct business 24 hours a day, as long as any lighting
includes shielding methods from 11 p.m. to 7 a.m. to prevent any
ambient light distraction for adjacent property owners.

Commissioners on Monday were concerned with the sign portion of the
amendment and added that, if a caregiver were to erect a sign
promoting their medical marijuana operation, then any pictorial
representations of marijuana or marijuana paraphernalia - along with
the name "marijuana" and any of its recognized spellings or slang
terms - are prohibited.

Spring Lake Village Council discussed medical marijuana during its
meeting on Monday as well. However, village officials say they don't
plan to make a decision on the matter until a Dec. 6 meeting.

Moratoriums on medical marijuana occupation in both Grand Haven
Township and Spring Lake Village remain in effect.

Since April 2009, the Michigan Department of Community Health has
received nearly 66,000 original and renewal applications for medical
marijuana; and has issued nearly 36,000 patient registrations.