MUSKEGON-AREA GOVERNMENTS WRESTLE WITH MICHIGAN MARIJUANA LAW

WEST MICHIGAN -- Zoning ordinances that regulate the use and growing
of medical marijuana are beginning to pop up as local governments
develop ways to regulate the 2-year-old state marijuana law.

Laketon Township is believed to be the first government in Muskegon
County to establish a medical marijuana ordinance, a recently
approved measure that treats the drug's growth as a "home occupation"
by primary caregivers and intends to ban commercial dispensaries. In
the greater area, similar ordinances have previously been adopted in
Grand Haven, Spring Lake Township and Grand Haven Township.

"We didn't want stores opening up," said Laketon Township Supervisor
Kim Arter. "It's not cutting out the caregivers. The township board
decided we didn't want storefronts opening."

The state's medical marijuana law, approved by voters in late 2008,
has caused much confusion for Michigan's more than 45,000 licensed
medical marijuana patients, law enforcement and local governments.
The confusion has stemmed from the law's language, its conflict with
federal law that continues to ban the use and possession of the drug,
and some communities trying to regulate or ban its use without being sued.

The basic stance of the law is that patients can possess up to 2 1/2
ounces of usable marijuana and have up to 12 plants kept in an
enclosed, locked facility or have a registered caregiver grow the
drug for them. Many patients use marijuana to ease pain from
conditions, including cancer.

Local governments are left to consider what will be allowed in their
communities. Some governments have been contacted by those interested
in opening a business to grow and sell the drug. Others have taken a
restrictive stance on the issue, leading the American Civil Liberties
Union to sue some Michigan cities, including Livonia, Bloomfield
Hills and Wyoming.

In Muskegon County, several governments have put moratoriums on the
issue to give officials more time to study the matter before enacting
an ordinance. Muskegon officials extended the city's moratorium in
December, while Muskegon Heights -- considering some changes to a
proposed ordinance drafted by its attorney -- has a moratorium in
place that runs to February.

Muskegon Township has not taken any official action regarding the
issue. Township Supervisor Dave Kieft Jr. said township officials
tell anyone who calls township hall about it that the township can't
permit a business that violates federal law.

In Laketon Township, officials decided rules needed to be put in
place. Arter said her main concern was keeping marijuana businesses
from opening up in the township that is mainly residential.

When asked about the federal-law conflict, Arter said, "We look at it
as the voters of Michigan voted this in."

Laketon Township's ordinance allows for the "lawful dispensation" of
medical marijuana by a primary caregiver personally dispensing to up
to five qualified patients "as long as the caregiver personally
delivers the lawful amount where the qualifying patient resides." The
ordinance also includes language prohibiting the operating or
patronizing of a dispensary in the township.

Grand Haven moved relatively quickly in establishing its ordinance,
making it effective Oct. 10. As a result, city officials have been
contacted by several municipalities to look at their adopted language.

"I've had several phone calls from municipalities around the state,"
said Kristin Keery, Grand Haven's city planner.

Grand Haven's ordinance also prohibits dispensaries. In addition, the
city's ordinance bans marijuana growing within 1,000 feet of any
school or library to insure compliance with federal "Drug-Free School
Zone" requirements.

The ordinances in Grand Haven, Spring Lake Township and Grand Haven
Township -- featuring similar language -- have clauses in the
ordinances that provide for review or inspection by local agencies.

Grand Haven's ordinance states, "All medical marihuana shall be grown
and contained within the main building in an enclosed, locked
facility inaccessible on all sides and equipped with locks or other
security devices that permit access only by the registered primary
caregiver or qualifying patient, as reviewed and approved by the
building official and the city of Grand Haven Department of Public Safety."

Grand Haven Township's ordinance states, "That portion of the
dwelling unit where energy usage and heat exceeds typical residential
use, such as a grow room, and the storage of any chemicals such as
herbicides, pesticides and fertilizers shall be subject to inspection
and approval by the fire department to insure compliance with
applicable standards."

Spring Lake Township's ordinance states, "The Lot and Dwelling Unit
shall be open for inspection upon request by any or all of the
following for compliance with all applicable laws and rules: the
Zoning Administrator or the Fire Department or law enforcement officials."