MEDICAL MARIJUANA RESTRICTIONS FOR EGELSTON TOWNSHIP UNDER CONSIDERATION

A medical marijuana ordinance that would outlaw commercial
dispensaries in Egelston Township and place restrictions on
"caregivers" who grow the drug and patients who use it will be
considered by the township board Monday.

The ordinance mirrors one already approved by Laketon Township, said
David Bossenbroek, attorney for both townships.

"We're trying to get away from the mischief that can happen with
illegal use of marijuana," Bossenbroek said.

The township's planning commission is recommending a "police powers"
ordinance governing actions of licensed caregivers who are allowed to
grow medical marijuana as well as actions of their patients. In
addition, the planning commission is recommending an amendment to the
township zoning ordinance after a public hearing April 5 brought no
public comments. The amendment outlaws commercial medical marijuana
dispensaries in the township.

The proposed ordinance describes township officials' concerns about
"many negative impacts" tied to medical marijuana use, including
robberies, violence and vandalism. It also notes that the state
statute "fails to regulate many aspects" of the possession, sale, and
use of medical marijuana.

Bossenbroek said township officials' primary concern is preventing
the congregation of medical marijuana users that can occur at
commercial dispensaries. The proposed ordinance requires caregivers
to deliver the medical marijuana they grow directly to their
patients' homes, and prohibits patients from visiting their caregivers' homes.

Communities that are considering outlawing all medical marijuana
dispensing operations, including those by caregivers, are "buying a
lawsuit," Bossenbroek said.

"I feel we have to accommodate what the state allows," he said. "If
you don't do that, you're buying trouble. But I don't think the state
law requires municipalities to allow these commercial operations."

The proposed ordinance prohibits medical marijuana users from smoking
the drug within 1,000 feet of any child day care center, school,
public park, foster care center, college, correctional facility or
halfway house. Caregivers can't grow or process medical marijuana
within 1,000 feet of the same types of facilities.

In addition, medical marijuana couldn't be grown or smoked within
1,000 feet of another caregiver's home.

Medical marijuana was legalized after statewide voters approved a
referendum in November 2008. The state devised rules regarding
implementation of what Bossenbroek calls a "brief ballot proposal,"
but left some details up to local authorities.

"The problem comes in how you regulate and control (medical
marijuana) and put that very brief (ballot) proposal into law,"
Bossenbroek said.

The state rules detail how patients and caregivers receive
certification and restrict use of medical marijuana in certain areas,
including in any public place.

The state can't simply require patients to obtain marijuana from
pharmacies because under federal law, marijuana is a drug that
medical doctors can't prescribe. Pharmacies only can dispense drugs
prescribed by doctors.

State law allows patients to have up to 2 1/2 ounces of medical
marijuana and for designated caregivers to grow up to 12 marijuana
plants per patient. Caregivers can have a maximum of five patients.

The Egelston Township ordinance adds other rules, including:

. Caregivers must live in a single-family dwelling, not an apartment
or multifamily building.

. Growing operations cannot consume more than 25 percent of the
home's finished space.

. Caregivers cannot have signs on their homes indicating medical
marijuana is grown there, nor can plants or growing apparatus be
visible from the home's exterior.

. Only one caregiver can grow medical marijuana in any given dwelling.

If the township board approves the ordinance, it will take effect 30
days after the ordinance is published, Bossenbroek said.