HOLLAND CITY COUNCIL ADOPTS TIGHTER MEDICAL MARIJUANA RESTRICTIONS

Holland, MI - A medical marijuana ordinance has been adopted by the
city of Holland putting to rest a moratorium that banned
dispensaries.

The ordinance does ban medical marijuana dispensaries and severely
limits where a state qualified caregiver can set up shop with a
drug-free zone amendment.

Inclusion of the drug-free zone was a contested issue Wednesday. That
amendment passed by 5-4 vote. Councilman Myron Trethewey voted no
because he wanted churches included in the zone.

Even without churches included, the drug-free zone leaves only small
pockets in the city that a qualifying caregiver can set up a home
business. A caregiver cannot operate within 1,000 feet of any school
or playground or 100 feet of a public swimming pool, youth center or
video arcade.

Mayor Kurt Dykstra voted no to the drug-free zone, because of the
limitations on where caregivers can set up shop.

"To date, I have not seen a good legal justification for it," Dykstra
said, adding that the ordinance stipulates that patients cannot go to
a caregivers home to purchase marijuana.

"It's restrictive, but that's our intention," Councilman Dave Hoekstra
said.

Shawn Miller and Bob Vande Vusse also voted no to the drug free
zone.

City Attorney Andy Mulder told the council that the Department of
Justice has issued letters encouraging drug free zones. The city of
Grand Rapids has a similar drug free zone in its ordinance.

"I'm a mother, I'd have to pass the drug free zone," said Councilwoman
Nancy De Boer. "It might not be legally defensible, but I can't do
anything else."

Public comment prior to the vote was both for and against the
ordinance. The concern of some was how easily available marijuana
would be to people who use it recreationally, especially teenagers.
Others were concerned the ordinance would make it difficult for
patients to get their medicine.

"This has been going for two years, we're all OK," Monica Baker said,
adding that an advertisement for a gun shop in a restaurant where
children eat concerns her more than medical marijuana. "Caregivers
aren't doing any harm."

Others, including Trethewey, thought adopting the ordinance was
needless because the state of Michigan is working towards elaborating
on the law. He moved to table the ordinance again but that motion failed.

"I don't know why we're rushing into this," he said. "I don't think
(the ordinance is) strong enough."

"Sounds to me like you can't lose," said Bob Ashby. "Don't pass it and
let the courts decide."

Patients cannot use marijuana outside of their primary residence,
Mulder said, putting to rest concerns that people could walk into a
school carrying marijuana or walk on the street smoking it.

The adopted ordinance stipulates that patients can only use the drug
inside their primary dwelling. Caregivers have to deliver to the patient.

Trethewey was adamant the city could wait on adopting an ordinance
because of the movement at the state and federal levels. Marijuana
remains a schedule one drug by federal definition and is therefore
illegal, he said.

"No matter which way you cut it, it's illegal in the eyes of the
federal government," Trethewey said. "There is no other drug, that is
prescribed by a doctor, that you don't get from a licensed pharmacy.
It's about as basic as you can get."