MORATORIUM ON NEW MEDICAL MARIJUANA DISPENSARIES

VANDERBILT - On March 22, attorney Bryan Graham presented several
options to Vanderbilt village planning commission members as they
consider zoning regulations for medical marijuana dispensaries within
the village limits.

Graham was on last week's agenda in response to Otsego County's first
medical marijuana dispensary, which opened a month ago within the
village limits.

Earlier this month, Vanderbilt Holistic Apothecary owner Brad Worde
described the marijuana dispensary, located on Old 27 South, as a
"patient-to-patient business, here to help people who have tried
conventional medical practices without relief."

At the beginning of the month, Vanderbilt enacted a 120-day
moratorium on the opening of any other dispensaries to allow time to
work with Graham and craft a plan to regulate the new phenomenon,
which was made possible after Michigan voters approved marijuana for
medical use in November 2008.

"The question becomes what does a community do to regulate the use of
medical marijuana," Graham told the planning commission. "Do you
regulate through zoning or regulate the individual user? Or do you
prohibit it? When you look at this, you need to consider the support
for or against medical marijuana in your community."

According to planning commission chairman Bernie Matelski, in 2008
voters in Corwith Township and Vanderbilt overwhelmingly approved the
measure by a 543-340 margin, the same as the statewide average of 63
percent in favor and 37 percent against. Countywide, voters approved
the ballot proposal by a 57 percent to 43 percent vote.

Graham advised against attempting to prohibit dispensaries in the village.

"Some communities say they won't allow (dispensaries) because it
violates federal statutes," he told the board. "These communities are
going to face an expensive and protracted legal fight. I don't
recommend trying that here. You don't have the money for such a
fight. We recommend regulating it in some fashion. Preferably through
your zoning ordinance."

According to Graham, communities who have regulated the use of
marijuana dispensaries through zoning have taken one of two
approaches: either concentrating the dispensaries in one area or a
dispersing them, which allows primary caregivers to operate much like
a home business where the marijuana can be grown, manipulated for use
and distributed to patients under their care.

"There are pros and cons to both," stated the attorney. "The
concentrated approach keeps it out of other areas and is less costly
for the primary caregiver to operate. Studies show though there are
negative secondary impacts."

Graham indicated when dispensaries are concentrated they are more
likely to become the target of break-ins and with patients coming and
going the incidence of robbery also increases.

While the dispersed approach to medical marijuana tends to keep the
activity less visible to the community, it does create more areas
where the activity of growing, ingesting the medication and
distribution can take place, Graham said.

"With either approach you have to decide what type of activities will
be allowed at the site," he added. "Will people be allow to ingest
the medication - through smoking, eating or use of vaporizers - on
site? How will they get home after they have done this if you allow
on-site ingestion?"

After considering the information provided by their attorney and his
options for regulating medical marijuana in their community, members
of the planning commission began formulating a zoning ordinance.
Graham indicated he would review the ordinance and write up a draft
before it is adopted.