TOWNSHIP EXTENDS MORATORIUM, CONSIDERS RESTRICTING MARIJUANA TO
COMMERCIAL DISTRICT

Divided on an ordinance drafted and recommended by the Planning
Commission, the Courtland Township Board extended its existing
moratorium on medical marijuana Wednesday for another six months.

The moratorium had been in place for a year a was set to expire. The
board's options on Wednesday were either to approve the ordinance or
to extend the moratorium.

The Planning Commission had been working on the ordinance with
township attorney Jim Scales and conducted a public hearing on the
matter March 15. Scales noted there were no comments about the
ordinance at the public hearing.

The ordinance would mandate people who are registered caregivers
through the Michigan Medical Marihuana Act (MMMA) and the Department
of Community Health (DHC) to distribute medical marijuana from the
commercial districts along Northland Drive and M-57.

Under the MMMA, each registered caregiver is permitted to grow up to
12 plants per patient. Each caregiver can have no more than five patients.

The MMMA also allows caregivers to receive reasonable compensation
for growing and providing the drug.

Many municipalities thus far have taken action to regulate the
patient-caregiver relationship as a home-based business. However,
Courtland Township planners did not feel comfortable with the
possibility of 70 plants being permitted in a single home, Scales explained.

"They considered the (home occupation) approach but had some concerns
about the lack of a full-time, visible law enforcement agency within
the township," Scales said. "They really tried to write this law to
suite Courtland Township not the city of Grand Rapids."

The ordinance approved by the Planning Commission also would require
caregivers to obtain a special land use permit to operate out of a
commercial district, a process that would include a public hearing.

One local couple who attended Wednesday's regular township board
meeting said they believe this violates the MMMA as it would clearly
force the caregiver to identify himself. The MMMA was meant to
protect the identity of both users and growers, they argued.

Scales said the Planning Commission approached the ordinance similar
to how other municipalities might approach regulating an adult
business. He said the ordinance would require that each medical
marijuana dispensary be 500 feet from another dispensary, 1,000 feet
from a school and 150 feet from residential dwellings.

"This doesn't disqualify the township (from having these types of
uses)," Scales said. "There actually are places where people can go."

Under the ordinance, only one caregiver could operate out of a single
commercial space. If there is a service counter in the building, it
would have to allow for an unobstructed view of the rest of the premises.

"This is to ensure there is no smoking taking place at the location,"
Scales said.

The local couple said by pushing this land use into the township's
commercial districts, officials are basically giving criminals free
access to rob the business at night. They added it would be difficult
to actually do what the township ordinance is suggesting with only
one caregiver and five customers per building.

"Realistically, it would be hard to afford the rent and electric and
insurance costs," said the husband, who requested to stay nameless
due to the MMMA. "It would drive the cost of the marijuana up so high
that it would effectively exclude caregivers in Courtland Township
from helping their neighbor who is dying from cancer."

Scales said the proposed ordinance does not prevent patients from
growing it for themselves.

Township Trustee Carol Shaw said she can think of a number of
home-based businesses in the township that draw more than five
customers in a week. Fellow Trustee Mary Ann Andersen said if people
are really sick but need the medication they are not going to have
the strength or wherewithal to grow it themselves.

The board decided to pass the moratorium and to send the ordinance
back to the Planning Commission for reconsideration and new
discussion. The board would like planners to think about allowing up
to three caregivers to operate out of one storefront, essentially
creating small dispensaries, to keep the costs lower for people in need.