FLUSHING TOWNSHIP PLANNING COMMISSION IS CONSIDERING A MEDICAL
MARIJUANA ORDINANCE

FLUSHING TOWNSHIP, Michigan -- The Flushing Township Planning
Commission is considering drafting an ordinance to regulate medical
marijuana, but members aren't sure if they legally can.

"We want to make sure we follow the law. There's some concern whether
there's anything we can do with the registration," said Planning
Commission Chairman Mark Newman. "We don't want to work on drafting
an ordinance to find out there's nothing we can do."

The planning commission has been discussing the issue for a few
months and hopes to have an answer by the Dec. 13 meeting after
speaking with Steve Moulton, the township's attorney.

Moulton said the process is extremely complicated.

The proposed ordinance would require those who wish to grow marijuana
for personal use or as a caregiver in accordance with state law to
apply for a special permit through the planning commission, Moulton said.

The state law requires that the marijuana plants -- 12 for individual
use or up to 60 for a primary caregiver -- must be grown and
cultivated in an enclosed structure. The township's proposed
ordinance defines an enclosed structure as one with four walls and a ceiling.

"You're not going to just grow the plants in your backyard and call
it good," Moulton said.

If approved the ordinance would also include restrictions on where
medical marijuana dispensaries can be built, which is the part that
is causing most of the issues with municipalities, he said.

"There's absolutely no guidelines in the (Michigan) statute," Moulton said.

In Flushing Township they would only be allowed in the township's
commercial zoning districts, and the owners would need to acquire a
special permit from the planning commission, which would include a
criminal background check.

Newman said there is still confusion over what kind of information
can be attained by the township.

"We've kicked around a number of things. There's issues of does there
need to be registration of caregivers or dispensaries operating in
the township," he said. "Is there an application process we need to
put into place?"

Moulton said a lot of confidential information will be coming into
the planning commission in the applications and it will remain
confidential past the planning commission and the police who perform
background checks on dispensary owners.

"There's going to be a long learning curve on this," he said. "One
thing we don't know is if we are going to get two or three people
wanting to get (permits) or if we will get hundreds."

Medical marijuana was one of the topics at Genesee County
Metropolitan Planning Commission's annual forum on Nov. 5, and local
government representatives still left wanting more information, said
Julie Hinterman, director and coordinator of the planning commission.

"I think it was one of those topics when a question was answered
another question was raised," she said.

For the complete medical marijuana presentation from the forum click here.

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For the Complete Medical Marijuana Presentation From the Forum:

http://www.co.genesee.mi.us/gcmpc-plan/2010PlanningForum.htm