Jacob Bell
New Member
Union Township Wednesday adopted laws to regulate where businesses related to medical marijuana can be located in the township, and to license dispensaries and growing facilities
The township board voted 7-0 to adopt the zoning amendment and the licensing law.
"You have the authority to zone and you have the authority to license," said attorney Andria Ditschman of the Lansing-based Hubbard Law Firm, an expert on medical marijuana law who assisted the township in drafting its laws.
"What we're trying to do here is protect public health and safety," said township Supervisor John Barker.
"You guys are doing the right thing," said Matthew Crawford, one of the owners of the Compassionate Apothecary dispensary in Mt. Pleasant. The township moved ahead with its licensing laws despite concerns that by issuing licenses, it was sanctioning activities that are contrary to federal law.
Michigan voters approved the Michigan Medical Marihuana Act in 2008, which is supposed to prevent the prosecution of state-registered patients who grow and use marijuana, as well as patients' caregivers. But federal law still classifies marijuana as a drug with no legitimate medical use.
The Department of Justice says it will enforce federal law, but Ditschman said she doesn't believe small-scale operations would be targeted
"It's the growing in large numbers, or transfer in large amounts, that seems to get the attention of the federal government," Ditschman said.
The Michigan law does not mention dispensaries or growing facilities, but those businessses have popped up in dozens of communities.
Ditschman said a recent opinion from Michigan Attorney General Bill Schuette said growers may not grow together, but Ditschman said that should not affect the ability for several caregivers to put their different locked, secure growing facilities under one roof.
"No one wants to grow in a big, open facility," said Brandon McQueen, Crawford's partner in the Compassionate Apothecary. He said bringing the plants to maturity requires a cycle of light and darkness, best managed by an individual grower.
McQueen said most growers, whether as caregivers or as patients, use a simple process to grow their plants.
"Probably most people are buying some Miracle Gro, some soil, putting a light up and watering it," McQueen said.
The law permits individuals to grow in their own homes for themselves or their patients. Growing facilities would be for individual growers who choose not to grow at home.
The zoning law limits growing facilities to industrial zones and commercial dispensaries to commercial zones. Township zoning administrator Woody Woodruff said separation requirements would probably put an effective limit of two or three dispensaries and one or two growing facilities in the township.
The township would issue licenses only to people who don't have felony drug convictions and would be renewable.
Ditschman said numerous cases — including one involving the Compassionate Apothecary — are working their way through the courts, and those will provide more clarity on what many legal experts consider a murky law.
"Somewhere down the road, we will know what is allowed and what is not," Ditschman said. "Eventually, we will get that information."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: themorningsun.com
Author: Mark Ranzenberger
Contact: Contact Us
Copyright: The Morning Sun
Website: Union Township passes medical marijuana zoning, licensing laws
The township board voted 7-0 to adopt the zoning amendment and the licensing law.
"You have the authority to zone and you have the authority to license," said attorney Andria Ditschman of the Lansing-based Hubbard Law Firm, an expert on medical marijuana law who assisted the township in drafting its laws.
"What we're trying to do here is protect public health and safety," said township Supervisor John Barker.
"You guys are doing the right thing," said Matthew Crawford, one of the owners of the Compassionate Apothecary dispensary in Mt. Pleasant. The township moved ahead with its licensing laws despite concerns that by issuing licenses, it was sanctioning activities that are contrary to federal law.
Michigan voters approved the Michigan Medical Marihuana Act in 2008, which is supposed to prevent the prosecution of state-registered patients who grow and use marijuana, as well as patients' caregivers. But federal law still classifies marijuana as a drug with no legitimate medical use.
The Department of Justice says it will enforce federal law, but Ditschman said she doesn't believe small-scale operations would be targeted
"It's the growing in large numbers, or transfer in large amounts, that seems to get the attention of the federal government," Ditschman said.
The Michigan law does not mention dispensaries or growing facilities, but those businessses have popped up in dozens of communities.
Ditschman said a recent opinion from Michigan Attorney General Bill Schuette said growers may not grow together, but Ditschman said that should not affect the ability for several caregivers to put their different locked, secure growing facilities under one roof.
"No one wants to grow in a big, open facility," said Brandon McQueen, Crawford's partner in the Compassionate Apothecary. He said bringing the plants to maturity requires a cycle of light and darkness, best managed by an individual grower.
McQueen said most growers, whether as caregivers or as patients, use a simple process to grow their plants.
"Probably most people are buying some Miracle Gro, some soil, putting a light up and watering it," McQueen said.
The law permits individuals to grow in their own homes for themselves or their patients. Growing facilities would be for individual growers who choose not to grow at home.
The zoning law limits growing facilities to industrial zones and commercial dispensaries to commercial zones. Township zoning administrator Woody Woodruff said separation requirements would probably put an effective limit of two or three dispensaries and one or two growing facilities in the township.
The township would issue licenses only to people who don't have felony drug convictions and would be renewable.
Ditschman said numerous cases — including one involving the Compassionate Apothecary — are working their way through the courts, and those will provide more clarity on what many legal experts consider a murky law.
"Somewhere down the road, we will know what is allowed and what is not," Ditschman said. "Eventually, we will get that information."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: themorningsun.com
Author: Mark Ranzenberger
Contact: Contact Us
Copyright: The Morning Sun
Website: Union Township passes medical marijuana zoning, licensing laws
