GUN PLAIN MAY ACT AGAINST MEDICAL MARIJUANA

Gun Plain Township board members discussed refusing to pass a medical
marijuana ordinance in deference to federal law, but against the
constitutional amendment Michigan voters passed in 2008.

The township board had directed its planning commission to work on
fashioning an ordinance to regulate medical marijuana, but Supervisor
Mike VanDenBerg said he had decided he couldn't support any such ordinance.

"I thought long and hard on this issue," VanDenBerg said. "I had
Marty (Meert, township clerk) pull up my oath of office.

"I have to swear to support and defend the constitution of the United
States and the constitution of the State of Michigan."

He said that he felt he had to follow federal law.

"Federal law says it's illegal to use medical marijuana and federal
laws are supreme over state laws," VanDenBerg said. "I thought about
the situation.

"Congress has the authority to make the laws, under the commerce
clause. It'd be like the state passing a law to say I couldn't use my
gun to protect my family or hunt."

He said he realized that the majority of voters in 2008 supported it.

"I know the state passed it and our township (voters) passed it,"
VanDenBerg said. "My position has changed. If the board wants to
continue, I'll be voting no."

Trustee Ron Kopka said that the township would be best served to stay
out of it.

"I respect your opinion but this is an issue that will be solved by
bigger entities than us," Kopka said. "I think we should just sit on
the sidelines."

VanDenBerg said the township would have to move ahead one way or the
other on an ordinance.

Kopka raised the specter of a lawsuit. Medical marijuana advocates
have filed suits or threatened suits against municipalities that have
refused to allow medical marijuana.

"I don't want to spend our money to fight this," Kopka said.

VanDenBerg said that lawsuits might come from people opposed to
medical marijuana, as well.

He said that he thought politicians, especially Republicans, in the
state legislature would be unwilling to do anything that would
associate themselves with medical marijuana.

"The possibility to get it changed is nil," he said.

VanDenBerg made a motion to state that the township would affirm the
federal laws against medical marijuana, but then withdrew it.

Trustee Scott Corbin pointed out the planning commission needed some direction.

Corbin said the township could just stay out of it.

"The state law doesn't require us to have an ordinance," Corbin said.

Kopka said that leaving it unregulated could be a problem.

"You might have a rush to the township to set up business," he said.
"I think we should have the moratorium."

Corbin said that the moratoriums were only allowed while progress was
being made.

Kopka replied, "Well, I think we can make progress. All the progress
that needs to be made."

The board will discuss the matter at its next regular meeting,
Thursday, June 2, at 7 p.m.