GOVERNMENTS MOVE TO CONTROL MEDICAL POT

Since the beginning of this month, at least three more units of
government in Leelanau County have taken action to temporarily halt
the establishment of medical marijuana dispensaries pending adoption
of new zoning ordinances and other rules designed to regulate pot.

On March 2, the Bingham Township Planning Commission, acting on the
direction of the Bingham Township Board, began discussions about how
to draft a zoning ordinance amendment that will regulate the
cultivation, storage, sale and distribution of marijuana for medical
purposes. The township board last month adopted a nine-month
moratorium on allowing such businesses to operate in Bingham Township
until an applicable ordinance could be adopted.

The Bingham Township Board had taken action on the issue on the same
night, Feb. 21, as the Suttons Bay Village Council, which also
adopted an ordinance specifically prohibiting the establishment of
medical marijuana facilities along with a six-month moratorium.

On March 8, the Leelanau Township Board approved a six-month
moratorium. Supervisor James Neve said no one had inquired about
setting up a medical marijuana dispensary in the township, but the
issue had been discussed by the township Planning Commission.

"The planning commission needs time to gather more information about
how, or if, the township Zoning Ordinance can limit or guide where
medical marijuana is grown or distributed," Neve said. "We don't have
a good idea about what can or can't be done."

The moratorium in Leelanau Township addresses registered medical
marijuana patients and primary caregivers. Since the Michigan Medical
Marijuana Act (MMMA) was approved by a statewide referendum, Neve
said, the township does not want to be in conflict with existing state law.

The moratorium, which was prepared by attorney Ken Sparks, states
that registered medical marijuana patients may use the prescribed
drug for their personal use at their own residences, in a hospital or
through hospice where the person is receiving care. Registered care
providers may operate in accordance with MMMA.

A similar approach is being taken in Suttons Bay Township, according
to staff planner Kathy Egan who also works for the Village of Suttons
Bay and Bingham Township through a contract with Suttons Bay
Township. Egan said attorney Bryan Graham drafted language adopted
last Wednesday, March 9, by the Suttons Bay Township Board.

In addition to imposing a six-month moratorium on medical marijuana
dispensaries, Suttons Bay Township, along with the Village of Suttons
Bay, also adopted a separate ordinance against establishing a medical
marijuana dispensary.

"The change in the law is so new that no one knows for sure what will
work best and will stand up in court if it's challenged a moratorium
or an ordinance," Egan explained.

She said the township and village had adopted a "belt and suspenders"
approach, and adopted both a moratorium and an ordinance, delaying
establishment of any medical marijuana dispensaries.

"Our attorney's understanding is that as long as you put a time limit
on a moratorium and can demonstrate that you're really working on an
appropriate ordinance or zoning ordinance amendment, that you can
impose this kind of temporary moratorium," Egan said.

Elmwood Township adopted a similar moratorium last year. However, at
least one medical marijuana facility is known to be operating in
Elmwood Township. But it opened weeks before the moratorium was put
into place.