RAISIN TOWNSHIP APPROVES POLICE POWER MEDICAL MARIJUANA ORDINANCE

Trustees on the Raisin Township Board unanimously approved a Police
Power Medical Marijuana ordinance on Monday night. The move followed
discussion begun in 2008 when the state of Michigan approved the
Michigan Medical Marihuana Act (MMMA), a referendum authorizing the
use of marijuana for certain medical conditions.

The new ordinance states, "The intent of the referendum was to enable
certain specified persons who comply with the registration provisions
of the law to legally obtain, possess, cultivate/grow, use and
distribute marijuana and to assist specifically registered individuals
identified in the statute without fear of criminal prosecution under
limited, specific circumstances."

Township attorney David Lacasse recommended that the issue be
approached as a police power ordinance geared toward public health and
safety, enforceable by the police, especially since Raisin Township
has its own police department.

The township, and other government entities, have faced the challenge
of crafting an ordinance that does not violate Michigan's Medical
Marihuana Act while still maintaining some local control over the
potential spread of illegal activities. The ordinance specifically
addresses dispensaries, which are not allowed in the township.

"Basically, this ordinance deals with the issue of dispensaries and
the definition of dispensaries and how this township chooses to
enforce this ordinance," said Phillip Schaedler, Lacasse's law
partner, who sat in on Monday evening's township meeting. He said
under the provisions of the MMMA, patients are allowed to grow
marijuana in their own homes, and allowed to obtain it from a
designated caregiver.

"It does not permit commercial traffic of marijuana," said Schaedler.
"That's not permitted nor was it contemplated by the Medical Marihuana
Act. What you have is a legitimate first step talking about health and
safety."

The board trustees also discussed other angles of concern regarding
public health and safety of growing operations, including the fact
that having such a home-based operation is subject to inspection from
electrical, mechanical, and plumbing perspectives. Police Chief Scott
Lambka and Fire Chief, Richard Renard, along with the attorneys, have
taken part in state and regional discussions about areas of concern
surrounding the issue.

"You're also talking fertilizers, pesticides and herbicides, so that's
another health and safety issue associated with this," said Schaedler.
"Those are the primary issues that can be addressed through your
permit process and through your zoning ordinance. It's a perfectly
legitimate way to effectively regulate."

Lambka suggested that the township should continue to work on a zoning
ordinance to help address the matter from a public health and safety
perspective once the police power ordinance involving dispensaries is
complete. The ordinance will take effect after it is published, which
is to take place within 30 days of Monday night's passage.

"From a haz-mat point of view, some of these situations we have seen
are just fires waiting to happen," said Lambka. "I think this
ordinance is a good start, but we really need to look at the other
side of that, and we have a very competent building department to help
us make sure things are run safely."

Schaedler pointed out the varied approaches communities are taking,
and said some would defer to the fact that 67 percent of the voters
approved the concept of medical marijuana. "There are people with
strong feelings on the issue that the federal law pre-empts state
law," he said, adding that some entities are also exceeding the strict
terms of the state statute by providing something more liberal than
the statute requires.

"As long as you are making a good faith effort to comply with the
strict requirements of the statute, which your ordinance does, you
have the benefit of the state statute as a defense," said Schaedler.
"I think as long as you approach it responsibly, which this community
seems to have done, you don't have to worry much about being held liable."

Also at Monday night's meeting, Raisin Township trustees voted to
resubmit a bid for three road projects recommended by the Lenawee
County Road Commission, which had been rejected because of "not to
exceed" language the township had used in designating that the
projects not exceed a cost of $67,915.52. Township Supervisor Carl
Wagner said bills for projects typically come in from the Road
Commission stating actual cost, and was usually "fairly close," but
could go over.

Several trustees took issue with the rejection of the language,
however, including the fact that the Road Commission is "the only game
in town."

"They advertise in the paper that they have got all these projects and
how they add up to a certain amount, and now they're rejecting our bid
because we've asked that it not go over a certain amount," said
Trustee Jim Palmer. He added that the Road Commission should recognize
that townships need to steward their funds, just like other entities.
"They don't want it because we've asked them not to go over the bid.
That's not cool."

The trustees then voted to resubmit the bid as originally prepared,
and said it would be up to the Road Commission whether they accepted
the project or not. In other business, the trustees:

Heard a report from Larry Crittenden, the board's representative on
the Raisin Township Planning Commission, that the Planning Commission
would continue to work on wind ordinances for both industrial and
residential this week.

Made a decision to continue beginning monthly township board
meetings at 6:30 p.m. through