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News (Media Awareness Project) - US MI: Extended Delay Likely on Pot-Law Ordinance
Title:US MI: Extended Delay Likely on Pot-Law Ordinance
Published On:2011-03-25
Source:Livingston County Daily Press & Argus (MI)
Fetched On:2011-04-04 20:25:08
EXTENDED DELAY LIKELY ON POT-LAW ORDINANCE

The village of Pinckney plans to extend a moratorium on the sale and
dispensation of medical marijuana Monday, allowing its Planning
Commission more time to continue gathering information to potentially
propose an ordinance governing medical uses of the drug.

Village President Rebecca Foster said the Planning Commission already
has the "nuts and bolts" of a home-occupation ordinance that would
allow medical marijuana caregivers to operate within village limits
as long as they meet certain guidelines and attain a special-use permit.

While the Planning Commission has created a medical marijuana
ordinance outline, Foster said it still needs time to analyze
potential fallout from the 2008 Michigan Medical Marahuana Act, which
Foster said is no easy feat.

"The reason they're asking for more time is they have to check into
details," Foster said of the Planning Commission. "They want to make
sure what is going on as far as medical-privacy laws, how caregivers
fall under the federal law and those things. It's very complicated."

Pinckney has dealt with the issue of medical marijuana in similar
fashion to most Livingston County municipalities in enacting - and
now extending - moratoriums. However, a moratorium on the medical
marijuana uses is only a short-term solution to what's become a major
issue across the state, Foster said.

Currently, the Planning Commission's rough draft of a medical
marijuana ordinance mirrors language used by the city of Grand Rapids.

The home-based occupation or home-based-business ordinance would
require a medical marijuana caregiver - people authorized by the
state to provide medical marijuana for up to five patients - to apply
and acquire a special-use permit through the village. A special-use
application requires a public hearing, and the permit itself would
cost $350 if approved in Pinckney, Foster said.

A caregiver under the potential ordinance would have to meet several
requirements, including full compliance with the Michigan Medical
Marihuana Act and the general rules of the Michigan Department of
Community Health.

The potential ordinance would not, however, permit medical marijuana
dispensaries or clubs.

"If you are a caregiver, we're going to say locally there are only
certain areas you can do that in," Foster said.

"Our whole focus is to ensure there are not clubs and dispensaries
downtown, so you don't end up in a situation where there are 50
people picking up prescriptions in one location," she said.

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SIMILAR APPROACHES SEEN ACROSS COUNTY

Livingston County municipalities have responded to Michigan's medical
marijuana law in similar ways. Brighton Township, for example,
extended its initial six-month moratorium on medical marijuana
businesses in December - a move that's been emulated by most other
Livingston County municipalities.

Hartland Township, the cities of Brighton and Howell and the village
of Pinckney have either approved moratoriums while zoning rules are
reviewed or simply zoned out buildings where marijuana would be
smoked or dispensed.

The city of Brighton's planning commission will hold a public hearing
April 12 and may propose ordinance language similar to that of Grand
Rapids, which permits the sale of medical marijuana by licensed
caregivers but not dispensaries.

Green Oak Township recently approved minor zoning-ordinance changes
that incorporate state-approved medical marijuana use, possession and
growth into the township's rules for building uses. The township's
ordinance was updated to say that state-approved use, possession and
growth of medical marijuana are exempt from a prohibition against
building uses not in line with local, state and federal law.

In Michigan, the law allows people to use medical marijuana with a
doctor's certification and state registration if they have conditions
such as cancer, HIV, Crohn's disease or other conditions involving
chronic pain, nausea or muscle spasms. Individuals must apply to the
Michigan Department of Community Health.

Under the law, patients can possess 2.5 ounces of marijuana and 12
marijuana plants for personal use. Caregivers, authorized by the
state to provide the marijuana, can possess a similar amount for each
patient, up to five people, they provide for. Users and caregivers
must keep all marijuana under lock and key.
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