Mary Jane Moving In?

VILLAGE TO CONSIDER ORDINANCE FOR MEDICAL MARIJUANA DISPENSARY

KALKASKA - A legal pot shop may be in store for Kalkaska.

A local man approached village officials about launching a medical
marijuana dispensary in Kalkaska. Village trustees instead discussed
a 90-day moratorium on such proposals until a local ordinance can be adopted.

Trustee David Heymes, former Kalkaska police chief, said the village
needs a law to regulate such dispensaries.

"The issue of medical marijuana dispensaries has been talked about at
great length since the law went into effect," said Penny Hill,
village manager. "I think it would behoove us as a community to adopt
at least a 90-day moratorium."

Michigan voters approved the state's Medical Marijuana Act in 2008.
Officials with the state's Department of Community Health received
about 88,000 applications and renewal applications through the end of
last year and issued about 49,300 patient registration cards, said
Celeste Clarkson, the MDCH compliance section manager.

Some communities, such as Traverse City, created regulations for
dispensaries or collectives under zoning ordinances. Such businesses
are not regulated by state law, Clarkson said.

It seems those enterprises are instead being supervised by local
municipalities, she said.

Kalkaska may do the same.

The idea is to provide a safe place for medical marijuana patients to
buy the drug, said Jeffrey Saco, 24, of Williamsburg, the proposed
business owner.

"It would be easier for the patients to access their medicine without
having to drive to Traverse City," Saco said.

Saco does not have a criminal record. However, an unpaid speeding
ticket resulted in a suspended driving license, but his driving
privileges were restored in June 2010, according to Michigan
Secretary of State records.

Saco's family owns multiple businesses in Kalkaska and Williamsburg.

"We want guidelines we can follow in regards to location and those
details," Saco said.

Saco also is a registered medical marijuana patient and caregiver.

"We're hoping to employ close to eight people and build our clientele
as we go," Saco said.

The goal is to have between 150 and 200 clients in the future, he said.

One location Saco considered is the former Chamber of Commerce
building on Cedar Street. Not everyone is keen on that idea, though.

"Personally, it's nothing I'd want to see on the main street," said
Jeff Sieting, village president.

Sieting said he is not opposed to such a business opening in
Kalkaska, though he'd prefer for state and federal laws to mirror
each other to prevent confusion. He also said the use of medical
marijuana may even be safer than some prescription narcotics.

"I haven't seen one newscast about some kid overdosing on marijuana,"
Sieting said.

Brian Donnelly, Kalkaska County prosecutor, said medical marijuana
dispensaries violate state law. Caregivers are only permitted five
patients each, he said.

"Where dispensaries are at odds with the law, I think, is if they are
providing marijuana to more than five patients they have cards for,"
Donnelly said. "Being a caregiver doesn't mean you can sell pot to
just any card-carrying person."

Donnelly said the public referendum law created "a real mess" for
prosecutors left to interpret and enforce the act.

"This is a law that was put into effect by a public vote. When laws
are put together by legislators, they usually come out pretty clear," he said.

Meanwhile, Donnelly said he's in various stages of prosecuting
multiple medical marijuana patients for traffic violations because
it's illegal to drive in Michigan with THC - the primary intoxicant
in marijuana - in the bloodstream.

Village trustees will consider a moratorium on medical marijuana
dispensaries in Kalkaska at their next meeting on Feb. 14, to allow
time to develop a new ordinance, Sieting said.