SWARTZ CREEK LOOKS TO PLAY IT SAFE WITH MARIJUANA ORDINANCE

SWARTZ CREEK, Michigan -- City officials are considering a ordinance
that would set rules for -- but not crack down on -- medical
marijuana facilities.

City Manager Paul Bueche said the state law is "poorly written" and
he doesn't want Swartz Creek to get sued in its attempt to interpret the law.

"You don't want to get into choosing a side, where you're debating
the use or legitimacy of medical marijuana (in an ordinance)," Bueche said.

The city's plan is to regulate dispensaries and growth facilities
much as it would other businesses.

If passed, the city would prohibit dispensaries and growing
facilities from operating in certain places, like within 1,000 feet
of a school, and at certain times, like between 8 p.m. and 8 a.m.
Monday-Saturday and 6 p.m. and noon Sunday.

It also requires the businesses to register with the city and pay regular fees.

Police Chief Rick Clolinger said his department has fielded some
complaints of people abusing the medical marijuana law, but he hasn't
seen any major issues in the city.

Clolinger said he hopes an ordinance will control marijuana
facilities the way the city does any other business, to protect
against high-traffic problems, for example.

"Take Holland Drive, which is a small one-way street in our
community. They wouldn't allow a McDonald's to be put in there ...
same goes with a marijuana shop," Clolinger said.

Swartz Creek wants to tell business where they can be before they
come, rather than crack down on them after they're established, officials said.

"Like any lawful use, it's subject to zoning," said Flint attorney
Mike Gildner.

Gildner has worked with Swartz Creek on their medical marijuana
ordinance along with about six other municipalities in the area.

The city council may vote on the ordinance at its next meeting, Bueche said.

The kind of legal battle Bueche wants to avoid is going on in Dryden
in Lapeer County, where a dispensary called the Compassionate Care
Center of Michigan, and its owner, Randy Crowel, are in a legal
battle with the county sheriff and prosecuting attorney.

In September, police padlocked the business after three raids,
alleging too much marijuana was being distributed.

A hearing on the restraining order which allows the padlock has been
delayed until Dec. 3, Lapeer County Prosecutor Byron Konschuh said.

So far no criminal charges have been issued.

Konschuh said he is waiting to complete investigative subpoenas,
which could lead to charges.

The final subpoenas are on hold until after the hearing, he said.

An attorney for the dispensary could not be reached by The Journal.

Dryden in October changed its zoning rules to prohibit a medical
marijuana dispensary within 1,000 feet of a school property line and
within 500 feet of a church or library, effectively outlawing the
Compassionate Care Center, which was run out of a second-floor
apartment downtown, about 940 feet from an elementary school and
across the street from a library.