PLANNING COMMISSION TACKLES MEDICAL MARIJUANA FACILITIES

ADRIAN, Mich. - The Adrian Planning Commission voted unanimously
Tuesday to recommend a 120-day moratorium on any new facilities to
dispense medical marijuana in the city.

The moratorium would give the planning commission time to study the
issue and develop a zoning ordinance for such facilities, commission
chairman Mike Jacobitz said.

The planning commission can only recommend the moratorium, which
would have to be approved by the city commission.

Two other Lenawee County communities, the city of Tecumseh and
Madison Township, have already imposed similar moratoriums.
Tecumseh's moratorium is for six months and expires in February.
Madison Township's moratorium was approved in November and can last
for up to one year.

Michigan's medical marijuana law, approved by voters in 2008, allows
certified patients having certain debilitating medical conditions to
grow and use a limited amount of marijuana. Registered medical
marijuana care givers are allowed to grow marijuana plants and
distribute marijuana to not more than five patients.

The care givers may receive reasonable compensation for helping a
certified patient, but the law does not allow for the sale of marijuana.

The proposed moratorium would not affect any already existing medical
marijuana facilities in the city, such as Medicinal Solutions
Wellness Center that opened Oct. 13 at 227 N. Winter St., Jacobitz said.

The moratorium also would not affect registered patients or care
givers growing marijuana in their own homes, Jacobitz said.

The commission asked community development director Chris Atkin to
come to the commission's Jan. 4 meeting with more information about
possible ordinances or actions.

Commission members began by discussing a draft zoning ordinance that
would have limited facilities dispensing medical marijuana to
"community business" districts, a category that includes retail
businesses such as those on South Main Street, Jacobitz said.

Commission member James Caldwell, who moved that the commission
recommend the moratorium, said he was concerned that if the city does
nothing, marijuana dispensing facilities could be started in almost
any commercial district in the city, a point also stressed by several
other commissioners. "To me that's probably the most significant
point," said commission member Michael Clegg, who also is a member of
the city commission.

Planning commissioner Marilyn Schebil said she preferred not to
recommend any ordinance until a court challenge to the cities of
Birmingham, Bloomfield Hills and Livonia by the American Civil
Liberties Union is resolved. Those cities effectively banned medical
marijuana use by forbidding any activity contrary to federal law.

"I'm afraid we're going to outrun the litigation," said Schebil, who
said she would prefer to see the city ban the use of medical marijuana.

Jacobitz said it is the planning commission's responsibility to allow
any legal business to operate, though a moratorium is permissible
while suitable regulations are studied.

The moratorium can be lifted early if the city decides on a zoning
ordinance before the 120-day limit is complete, Jacobitz said.

The planning commission would have a public hearing on any proposed
ordinance change. Commission members Brian Watson and Chad Johnson
were not at the meeting.