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News (Media Awareness Project) - US MI: Mendon Enacts Medical Marihuana Ordinance
Title:US MI: Mendon Enacts Medical Marihuana Ordinance
Published On:2011-01-12
Source:Three Rivers Commercial-News (MI)
Fetched On:2011-03-09 17:14:12
MENDON ENACTS MEDICAL MARIHUANA ORDINANCE

MENDON - The Village of Mendon has become the second municipality in
St. Joseph County to adopt an ordinance to govern medical marihuana
growing and distribution following a unanimous vote of the Mendon
Village Council at its Dec. 13 meeting. Sturgis adopted a medical
marihuana ordinance in May of 2010.

Village manager John Hyden had suggested the need for the ordinance.

"I recommended it. Without it there's no way to control it," Hyden
said. Citing the alleged vagueness of Michigan's current medical
marihuana law, he said, "I think we're forced to do it (adopt an ordinance)."

Michigan voters in 2008 approved a statewide proposal that legalized
medical marihuana growth and distribution by qualified caregivers to
qualified patients, but since its enactment there has been widespread
concern about the wording of the law and its implications for enforcement.

Hyden said that there are two problems with the state law: first,
that it doesn't give sufficient guidelines for municipalities or law
enforcers, and second, that it stands alongside federal laws that
prohibit growth, use, and distribution of marihuana, with conflicts
between the state and federal laws being possible.

Mendon has not had problems to date with anyone trying to use the
provisions of the state law, according to Hyden. "We're just being
proactive," he said.

The Mendon ordinance can be enforced by village, county, or state law
enforcement officers, Hyden said.

The following are key provisions of Mendon's ordinance:

. It was created to regulate individuals within the village that are
qualified patients or primary caregivers under the Michigan Medical
Marihuana act and is intended to allow those persons who comply with
registration provisions to legally obtain, cultivate, use and
distribute marihuana without fear of criminal prosecution under
limited circumstance.

. Marihuana is a controlled substance under Michigan law.

. Legal marihuana can present an increase for illegal conduct, and
thus can affect the health, safety, and welfare of Mendon residents.

The ordinance prohibits the use of marihuana in any public place. Its
growth must be inside an enclosed structure that is under the control
of the caregiver and the building must be secured with locks.

Mendon's ordinance allows only one caregiver to grow and distribute
medical marihuana from a single location, and that building may not
be within 1,000 feet of a drug-free school zone. No other
commodities, products, or services may be offered from the site.

Consumption of marihuana is not allowed at the caregiver's location
unless by the primary caregiver who is also a qualifying patient.

Violation of Mendon's ordinance is a misdemeanor.
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