FENTON, LINDEN EXTEND TEMPORARY BANS ON MEDICAL MARIJUANA DISPENSARIES

Moratoriums to Last Another Six Months

Both Linden and Fenton city councils adopted resolutions Monday that
extend their moratoriums on medical marijuana dispensaries for six
months. Discussion took place before each vote. Fenton Mayor Sue
Osborn said Fenton's moratorium on certain land uses will be for six
months or until the city can enact an ordinance on medical marijuana
- - whichever comes first.

Attorney Ross Bower, for the city of Fenton, said dispensaries for
medical marijuana are an unlawful use, during the moratorium. The
moratorium prohibits all medical marijuana-related activities in
Fenton, other than an authorized person medicating him-or herself, on
their own.

Attorney Matthew McKone told Linden council members that there is
much gray area regarding the dispensaries. Litigation is ongoing
across the state, which will have an impact on defining the law. "I
look forward to some of the rulings," said McKone. "This is our
recommendation."

There also are federal questions, of whether federal law can trump
the state law in Michigan allowing medical marijuana, said Bower, for
the city of Fenton. In addition, the American Civil Liberties Union
(ACLU) is challenging multiple municipalities' regulations.

McKone suggested that while a moratorium is in place, the planning
commission and zoning board of appeals look into the matter.

Linden Police Chief Scott Sutter said, "Until the courts clear this
up, it's (the moratorium) a good idea."

The last temporary moratorium in Fenton was for six months, enacted
six months ago, Bower said.

Linden City Manager Christopher Wren said one individual approached
the city last fall about opening a dispensary within city limits.
That individual has since chosen to pursue other areas for his business.

In Fenton, police found two dispensaries around the time of the first
moratorium. One was legal and one was not and ceased operation,
Councilman John Rauch said.

"Other communities offer it, but we're trying to control it," Osborn said.

By having a moratorium in place, Wren said it would give the city the
necessary time to amend its own ordinance. "We have time to act
accordingly," he said.

"We're just voiding dispensaries or facilities in the city limits for
a limited time."

McKone said, "We need direction from the courts and legislators."

The first draft of the ordinance stated that the moratorium affected
caregiver facilities. As an attorney, Linden Councilor Danielle Dixon
said she is concerned about the language, and requested that the word
"dispensaries" be included in the ordinance. Linden council members
agreed with her request.