TWP. TRIES TO CLOSE LEGALIZED POT STORE

Medical marijuana has come to Leelanau County.

At least one medical marijuana "dispensary" is open in Elmwood, where
the township zoning administrator has sent a warning that it violates
zoning laws.

Local municipal officials elsewhere in the county are taking steps to
prevent the spread of such outlets until zoning ordinances can be
amended to regulate where, how or even whether such businesses can be
operated.

Roughly a half-dozen similar busineses have been in operation in
nearby Traverse City where officials have been struggling with similar
regulatory concerns since 2009.

In November 2008, Michigan voters approved a ballot initiative that
legalized medical marijuana, enabling certain people to legally
obtain, possess, grow, use and distribute marijuana. However, the
ballot initiative offered little in the way of guidance on how the new
law should be implemented.

Elmwood Township zoning administrator Dave Neiger said his township
board in December adopted a resolution declaring a six-month
moratorium on the operation of such businesses in the township pending
adoption of a zoning ordinance amendment setting guidelines for where
and how such businesses might be allowed.

Neiger said he has already issued a "cease and desist" letter to the
owner of a medical marijuana outlet operating in Leelanau County.
Known as the Third Coast Compassion Center TC-West, the business is
located in the former Plamondon Insurance Agency building on South
West Bay Shore Drive (M-22) in Elmwood Township.

A Third Coast Compassion Center employee who asked that she not be
identified said the business is owned by Kevin Plamondon of Leelanau
County who also owns the building and formerly operated an insurance
agency there. The employee said she knew about the "cease and desist"
letter from Elmwood Township but asserted that the business opened
last year before the township board adopted its resolution declaring a
moratorium on the operation of such businesses, and was operating
within the law.

Plamondon did not return phone calls from an Enterprise
reporter.

Neiger said he plans to follow-up with a second "cease and desist"
letter to Plamondon, this time threatening legal action unless the
business closes pending adoption of a draft zoning ordinance amendment
and compliance with it. Neiger added that he believes a second medical
marijuana outlet may be operating in Elmwood Township, but "may be
flying under the radar."

Unlike some townships and other municipalities, Elmwood Township's
zoning ordinance specifies that land uses "not specifically included
as permitted" are "excluded" from the township meaning that there can
be no medical marijuana dispensaries in Elmwood Township unless and
until they are specifically named as being allowed, Neiger said.

But that's not how the zoning ordinance reads in Bingham Township or
the Village of Suttons Bay, according to Steve Patmore, the zoning
administrator for both municipalities as well as Suttons Bay Township.

"Up until this week, anybody could have come into Suttons Bay or
Bingham and legally opened up a medical marijuana business," Patmore
said. "There's nothing in the zoning ordinances that would prevent
it." On the advice of its attorney Bryan Graham, the Suttons Bay
Village Council on Monday evening adopted a resolution declaring a
moratorium on the establishment of such businesses within village
limits for the next six months pending adoption of an appropriate
zoning ordinance amendment. In addition, the Village Council adopted a
separate ordinance temporarily banning the establishment of such
businesses within village limits.

Village manager Wally Delamater explained that both the moratorium and
the ordinance were suggested by the attorney and approved by the
Village Council because nobody knows what will withstand the scrutiny
of a judge if somebody files suit over the issue. There is almost no
case law so far in Michigan that can be used by lawyers to predict
what will be deemed legally defensible or not in administering the
2008 medical marijuana initiative.

Delamater said the village council's actions this week were
precipitated by a inquiry Patmore had received recently from an
individual representing himself as the owner of a medical marijuana
business who wanted to expand into Suttons Bay.

Patmore and staff planner Kathy Egan both appeared at the regular
monthly meeting of the Bingham Township Board later Monday evening to
recommend that the board follow the Village of Suttons Bay's example.

Egan told the board she recommended they contact their attorney about
language to use in a resolution declaring a moratorium on the
establishment of medical marijuana businesses in Bingham Township.
Egan presented the board with an example of such a resolution.

"I don't see why we should wait to hear from our lawyer," said Bingham
Township supervisor Ross Ard. "I'm worried that we'll end up with one
of these businesses starting up here before next month's meeting. I
think the sample resolution you've brought looks just fine," Ard told
Egan.

The board voted 5-0 on a motion by Ard, seconded by treasurer Sandra
Grant, to adopt a resolution declaring a moratorium on the
establishment of medical marijuana businesses in Bingham Township for
at least nine months pending adoption of an applicable zoning
ordinance amendment.

In the Village of Suttons Bay, members of the public will be invited
to attend an informational session on the subject, presented by
attorney Graham. The public meeting has been slated for Wednesday,
March 16, at 6:30 p.m. in the Suttons Bay-Bingham Fire Hall conference
room.