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News (Media Awareness Project) - US MI: OPED: Marijuana Zoning Isn't The Issue; Fight to Change
Title:US MI: OPED: Marijuana Zoning Isn't The Issue; Fight to Change
Published On:2011-04-03
Source:Lansing State Journal (MI)
Fetched On:2011-04-04 19:54:36
MARIJUANA ZONING ISN'T THE ISSUE; FIGHT TO CHANGE THE LAW

If my email is any indication, the debate over a new medical clinic
in Meridian Township is becoming a bit overheated.

One resident writes that he's "beyond agitated" that the township
board "voted to allow marijuana to be dispensed" near a middle school.

I'd be upset, too, if this were true - but it's not. Even so, some
residents are campaigning to keep the clinic from operating at 4133
Okemos Road.

Let's try to clear the air.

On one side, we have Shannon Wiggins, D.O., who owns the property. A
former day care center, it's located across from Chippewa Middle
School, and had been vacant two years. Dr. Wiggins asked the township
to rezone the site from RA (single-family residential) to PO
(professional office), which allows medical offices. Last November,
after a public hearing, our Planning Commission recommended approval.

On the other side is a law firm located next door to Dr. Wiggins'
property. Its members maintain that the rezoning is "inconsistent
with the surrounding uses," and that the clinic "specializes in
prescription of medical marijuana." They point to signs at Dr.
Wiggins' office on Michigan Avenue in Lansing, and to her website,
which advertises physician certification for medical marijuana use.

Meridian's Board approved the rezoning on March 1 by a 4-2 vote. The
rezoning ordinance notes that the site is surrounded by professional
offices, and that PO zoning there is part of the township's master plan.

So, this was strictly a zoning issue for the Meridian board.

The attorney neighbors of Dr. Wiggins are circulating a petition to
put the rezoning decision up for a vote by Meridian residents in the
May 3 election.

Let's address some questions that have been raised:

. Can Dr. Wiggins legally prescribe or dispense medical marijuana in
Okemos? No. Marijuana is illegal under federal law, so doctors can't
prescribe it. Dispensing drugs in an RA or PO zone in Meridian
Township is also illegal.

. Are any marijuana-related activities permitted at the site? Like
other licensed Michigan doctors, Dr. Wiggins can only provide
"written certification" that a patient suffers from a "debilitating
medical condition," and that medical marijuana is likely to alleviate it.

. Will legions of potheads frequent this office, as some suggest?
Unlikely. While a "qualifying patient" in Michigan can possess 2.5
ounces of medical marijuana, it's not legal to smoke it in public, or
drive under the influence.

. What if voters overturn the township's rezoning decision? Dr.
Wiggins could run her practice from a nearby building already zoned
PO, or seek a special use permit to operate it in a residential zone,
which the township allows.

Meridian voters are entitled to try and reverse the township's
rezoning decision through a referendum. I encourage everyone so
inclined to participate. But understand that the township's ability
to restrict the legal activities of property owners is quite limited.

People mainly concerned about widespread use of medical marijuana
should focus on fixing the flawed 2008 state law that allows it - and
I will gladly assist.
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