PROPOSED ORDINANCE CREATES MONOPOLY FOR EXISTING MEDICAL MARIJUANA SHOP

The Orchard City Town Board has scheduled a Dec. 15 vote on an
ordinance that would, if approved, create an in-town monopoly for
growing and selling medical marijuana.

The town board at its Nov. 10 regular meeting held first reading of
the proposed ordinance, No. 2010-10.

The proposed ordinance bans medical marijuana operations, but
specifically exempts the town's single medical marijuana dispensary,
located on Hwy. 65, and for an associated off-site marijuana growing operation.

The proposed ordinance would, in essence, grant the dispensary owner
Jay Deason a protected business monopoly. While the proposed
ordinance prohibits all other medical marijuana businesses of any
kind in town, it creates a special exemption for Deason's operation
alone. The exemption remains in effect as long as Deason owns the
business and operates from its current location, and complies with
all other state regulations.

In addition, the ordinance would prohibit any other medical marijuana
dispensary from delivering or selling its product to clients within
Orchard City, unless that out-of-town business first obtains a
business license from the town.

The business license requirement in the proposed ordinance is the
first step Orchard City town government has ever taken towards
requiring business licenses to conduct trade within the town limits.
The town does not have business license regulations in effect, nor
does the proposed ordinance explain the details of the business license.

The proposed ordinance was recommended to the town board by two
trustees, Gale Doudy and Len Johnson, who comprise the trustee
medical marijuana committee.

At first reading of the ordinance on Nov. 10, Mayor Don Suppes said
that the town board is divided on the issue of allowing the town's
dispensary and marijuana growing operation to continue in business,
and on the proposed ordinance that would legalize that sole medical
marijuana business in Orchard City.

There will be a public hearing on the proposed ordinance on Dec. 15
at the town board's next regular meeting. It will proceed the town
board's scheduled vote.

In its previous discussions of medical marijuana, the town board
never seriously considered putting the question to a vote of the
people. So the public hearing on Dec. 15 will be the only occasion on
which residents can speak their minds on the matter to the town board.