CALEDONIA TWP. ADDRESSING MEDICAL MARIJUANA WITH ZONING

CALEDONIA TWP. - Caledonia Township is one step closer to approving a
zoning ordinance amendment to address medical marijuana businesses
following Tuesday's board meeting.

The Caledonia Township Board of Trustees approved the first reading
of a proposed amendment to Caledonia Township's zoning ordinance
meant to address medical marijuana businesses.

The amendment is scheduled for a second reading and council approval
at the March township board meeting.

According to a memorandum from Township Zoning Administrator Doug
Piggott, the zoning ordinance amendment would "prohibit a primary
caregiver operating as a home occupation or any other commercial
growing or distribution operations including cooperatives and dispensaries."

"The language only deals with uses that are already regulated under
the zoning ordinance," Piggott said Tuesday.

Piggott also explained to the board that the wording of the zoning
amendment doesn't specifically mention medical marijuana businesses.
Instead it states that "uses for enterprises or purposes that are
contrary to federal, state or local laws or ordinances are
prohibited," according to the drafted amendment.

"Because of the fact that the growing and consumption of marijuana is
still a federal offense, the belief is this language would then make
it illegal under the zoning ordinance as it relates to activities
controlled by the zoning ordinance," Piggott said.

The zoning ordinance amendment would not affect qualified medical
marijuana patients who grow marijuana for their own consumption or
primary caregivers who are growing and dispensing marijuana on a
non-commercial basis, Piggott said.

The amendment would also allow business and operations related to
medical marijuana as long as they didn't violate federal, state or
local laws, the memorandum stated.

"Therefore a 'marihuana clinic' such as the one that opened in Owosso
last year that provides services to patients such as help filling out
paperwork, referrals to doctors and classes on medical marihuana
would be permitted as long as not did not allow the consumption or
distribution of marihuana on the premises," Piggott stated in the memorandum.

Piggott said the amendment was an approach several communities in
Michigan had adopted to address medical marijuana.

Piggott's memorandum also stated the ACLU is currently suing some
Michigan cities who have adopted similar language, but Piggott was
unsure whether those communities were implementing the provision in
the same manner as the township.

Until the Michigan Medical Marihuana Act is clarified, the legality
of any approach by municipalities is uncertain, Piggott stated in his
memorandum.

Pending the zoning amendment's approval, the township will continue
to have a moratorium on medical marijuana uses until June 20.

The township originally enacted a moratorium on medical marijuana
uses in September 2010 to allow the Planning Commission time to
resolve issues concerning the interpretation and implementation of
the Michigan Medical Marihuana Act in the township. The moratorium
was extended another six months at the December 2010 board meeting.