MI - Fenton Township considers ban

Fenton Township considers ban on medical marijuana dispensaries
By Sharon Stone
Published: Saturday, May 16, 2009 6:16 AM EDT
Following a presentation Tuesday by Zoning Administrator Doug Piggott, the Planning Commission is considering recommending that the Board of Trustees pass an ordinance prohibiting medical marijuana dispensaries from operating in the township.

 The Planning Commission directed Piggott to prepare the ordinance. The Planning Commission is expected to make a recommendation at its meeting in June if the draft is complete.

 Michigan voters approved Proposal 1 last November, which allows for the use of marijuana for medical conditions. The first phase of the law went into effect in December, which allowed users to have an affirmative defense in court. The full law, entitled the Michigan Medical Marijuana Act, went into effect in April.

 The law does not allow doctors to write prescriptions for marijuana, but would allow them to attest to a medical condition. The Michigan Department of Community Health would then issue registration cards that allow cardholders to grow and use a controlled amount of marijuana for treatment.

The law allows patients to possess 12 plants, or 2.5 ounces. Caregivers can grow enough for up to five patients â?? or 60 plants. Marijuana must be grown in a closed, locked facility.

 In California, caregivers are allowed to provide for an unlimited number of patients at the dispensaries. Planning Commission Chairman John Tucker said being able to provide for an unlimited number of patients has created issues in California, such as some of the marijuana being sold on the black market.

 As a result of the discussion and the opinion that the statute is not clear at this time, Tucker said the Planning Commission decided to recommend the ban. He said the township would also be seeking a legal opinion as to whether the township can regulate the centers, and if so, to what degree.

The Michigan Department of Community Health answers frequently asked questions regarding the law at Michigan.gov/mdch.

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