LOCAL MUNICIPALITIES STILL WAITING FOR STATE DIRECTION ON MEDICAL MARIJUANA

Municipalities in the Rockford Public Schools District are playing
the waiting game when it comes to regulating medical marijuana.
However, other Kent County communities are beginning to act.

Cannon Township and Algoma Township were two of the latest government
units to pass moratoriums on the issuing of permits or licenses for
the sale or dispersal of medical marijuana.

On Dec. 13, Cannon Township extended its existing six-month
moratorium for an additional six-months, allowing it to expire in June 2011.

And on Dec. 14, Algoma Township passed its first moratorium - a
12-month prohibition - after township officials were approached by a
local resident desiring to open a medical marijuana growing
cooperative in Algoma's commercial district.

The inquiry caused the township to realize it needed to get on board
with what most everyone else was doing, said Township Supervisor
Dennis Hoemke. He said the individual was very respectful with his request.

"He was a professional businessman about it so he is not one of those
people you really want to discourage," Hoemke said. "(The individual)
wanted to keep the operation low profile."

Once informed this type of cooperative was not something the township
ideally wanted in its borders, the individual did not press the
issue, Hoemke said.

"It was never a formal proposal," he added. "(The individual) wanted
to know if it would be legal here and if (the township) could be
comfortable with it."

The Algoma Township Board, as well as a number of local government
officials across the state, hope the new administration under
Gov.-elect Rick Snyder will be able to provide some clarification on
what is and isn't "legal" according to the Michigan Medical Marihuana
Act (MMMA).

James McCurtis, public information officer for the Michigan
Department of Community Health (MDCH), which oversees the Michigan
Medical Marihuana Program (MMMP), said the MMMA does not outline in
what manner caregivers are permitted to sell the drug, which is the
problem most municipalities have with it. It only states a reasonable
price may be charged for caregivers' growing services.

"Some cities are licensing caregivers as home-based business
operators, but it really should to be up to the city and their zoning
administrators," McCurtis said. "(The MDCH) is not offering any type
of advice on what to do. We just deal with the registration program.
But what is good for Ann Arbor may not be good for Grand Rapids, and
what is good for Grand Rapids may not be good for Muskegon."

Several proposals attempting to clarify the MMMA have been brought
before the Michigan Legislature, but Hoemke is skeptical any will be
passed soon.

"They will require a three-fourths majority in the State House (of
Representatives) and the Senate before anything can get changed. And
it seems legislators don't agree on much these days," he said.

However, in January, new officials will be ushered into Lansing and
the Republicans will control both chambers of the State Legislature,
so Hoemke is cautiously optimistic.

In August, the city of Greenville amended its zoning ordinance to
designate the relationship between a state-registered medical
marijuana patient and caregiver as a home occupation. The amendment
only permits one caregiver per dwelling and does not allow growing
cooperatives or dispensaries, such as the type of operation the
individual in Algoma Township had hoped to start up.

The amendment process in Greenville was catapulted by the initiatives
of David Overholt, chairman of the Stanton-based Mid-Michigan
Compassion Club. Overholt approached city officials in February about
opening a grow store in Greenville, to which the City Council
responded by first passing a moratorium and then the zoning amendment.

Overholt also eventually would like to start a grow community in
Sidney Township and a supply store in Stanton, both in Montcalm County.

In Grand Rapids, the Mid-Michigan Compassion Club already is
operating a dispensary with an on-site doctor to provide
prescriptions for potential patients to submit to the MDCH for approval.

On Monday, Alpine Township hosted its first reading of a proposed
amendment to its zoning ordinance that mirrors Greenville's, with the
exception that patients are not permitted to pick up the drug from
caregivers homes. The caregivers must deliver the medical marijuana
to registered users.

Like Cannon, Courtland and Plainfield townships both extended their
six-month moratoriums within the past four months. The city of
Rockford passed a six-month moratorium in February, however, it has
since expired and the issue has not been brought before the City
Council or Planning Commission again.