MEDICAL MARIJUANA ADVOCATE WARNS KALAMAZOO TOWNSHIP BOARD THAT NEW
ORDINANCE COULD FACE LEGAL CHALLENGE

KALAMAZOO TOWNSHIP -- It was just the first reading for a proposed
local medical marijuana ordinance Monday night, but the Kalamazoo
Township Board of Trustees was warned it may face legal problems in
the near future.

Joe Cain, chief executive officer of the Michigan Medical Marijuana
Association, told board members, "This ordinance is so far out it's
going to get attention."

Noting the township, like so many other local municipalities, is
grappling with financial problems, he added, "You pass this medical
marijuana ordinance and you're going to need more money... It's going
to happen. The question is, do you want to be part of the legal process?"

Cain was among about 20 people in the audience who read the proposed
ordinance just before the meeting.

The measure was passed on to the township board after being
recommended last month by the Planning Commission after input from a
special committee.

The first reading was accepted and a public hearing and second reading
is scheduled for 7:30 p.m. March 14.

The biggest issue appeared to be the proposed ordinance's insistence
that qualified caregivers for more than one registered patient or only
themselves be required to operate out of a facility in commercial or
industrial zoning rather than residential.

Township Attorney Kenneth Sparks, who prepared the ordinance wording,
said the Michigan Medical Marijuana Act, approved by 63 percent of
voters in a state-wide ballot issue in November 2008, "is silent about
where within the community it can be used."

The township Planning Commission has recommended larger grow
operations be confined to commercial and industrial areas.

"The Planning Commission wanted to be clear about where it's allowed
and where it's not allowed," Sparks explained.

But Salman Ali, a local resident whose marijuana plants were
confiscated by police last year, said such zoning rules could create
financial hardship on caregivers for more than one patient because
they may not have sufficient capital to buy or rent a commercial or
industrial location.

Ali also said he is disappointed that "not one member of the medical
marijuana community has been contacted by the Planning Department. Why
aren't we part of the process?"

Others contended the proposed ordinance simply throws up too many
roadblocks for people who want to use or provide a substance legal now
under state law for medical purposes.

Trustee Mark Miller, who also serves on the Planning Commission and
was on a special committee that first put together the proposed
ordinance, said, "I've seen it through recent phases of this process
and I'd like to stress there was no single comment that had indicated
'Oh, how I wish this would go away.' There is no intention to restrict
lawful use."

When asked how many people attended the Planning Commission's public
hearing on the ordinance, Miller replied none.

The proposed ordinance would allow a residential grow operation only
if it serves one patient or the user himself or herself, except in
cases of hospital or hospice care.

Such grow operations also could not be closer than 1,000 feet from a
school or day care facility, no closer than 500 feet from a church or
place of worship, no closer than 500 feet from a public park, or 1,000
feet of another primary caregiver facility.

Those who have registered as caregivers with local authorities will
have up to six months to mover their operations if they are serving
more than one patient.

State law permits caregivers to use a maximum of 12 marijuana plants
per patient and to have up to five patients. Though the law was passed
more than two years ago, the state Legislature since has left it up to
local governments to decide the rules, which vary among
communities.

The cities of Wyoming and Livonia, for example, have prohibited use,
possession and sale of marijuana regardless of state law because
federal law forbids it. Both cities likely will face lawsuits from the
American Civil Liberties Union as a result.

Michigan is one of 15 states that have passed medical marijuana laws
that conflict with federal guidelines, but the Obama administration
has indicated it will not prosecute these medical marijuana cases.