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New Rules For Medical Marijuana Spelled Out For Alpine Township


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New rules for medical marijuana spelled out for Alpine Township

Published: Monday, December 20, 2010, 10:00 PM Updated: Monday, December 20, 2010, 11:00 PM

By Garret Ellison | The Grand Rapids Press

 

 

ALPINE TOWNSHIP — Medical marijuana will be allowed in Alpine Township, but new rules will prohibit dispensaries and regulate the way licensed caregivers conduct business and interact with patients.

The first reading of a medical marijuana amendment to the township zoning ordinance took place Monday night.

Under the new rules, licensed caregivers are considered a home occupation. Only one will be allowed per “dwelling unit” and that must be the principal residence of the caregiver.

Marijuana must also be delivered to the patients, rather than having patients pick up their marijuana dose at the caregiver’s home.

“We certainly could do what the city of Wyoming did and forbid everything,” said Township Supervisor Alex Arends. “What we’re trying to do is provide a compassionate way to get medical marijuana to those people who are allowed to have it.”

The rules define dispensaries as any place — mobile or otherwise — where medical marijuana is smoked or consumed by three or more people simultaneously.

Amendments to the home occupation rules impose a strict review and application process, as well as restricting noise, light, fumes or anything that may be noticeable to neighbors.

No garage or attached accessory building may be used. No sales can take place on the premises. Marijuana must remain in an enclosed, locked facility accessible only to the caregiver.

Also, no signs advertising marijuana are permitted. Violations of the ordinance would be a civil infraction punishable by minor fines.

“There’s very little fanfare here,” said Arends. “I think this is a very good ordinance.”
The amendment was drawn up by Planning Director Sue Thomas, who used a report by Gerald Fisher, a Cooley Law School professor, to help draft the language.

Trustee Ron Cordes, also on the Planning Commission, said Alpine has received several requests from other townships in West Michigan to “piggyback” on their medical marijuana research.

The second and final reading of the new rules will take place at the next Township Board meeting, Jan. 17 at 7:30 p.m. at the Township hall, 5255 Alpine Ave. NW. If approved, the rules would go into effect in late January.

E-mail the author of this story: localnews@grpress.com

 

Michael A. Komorn

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I like this threat best

“We certainly could do what the city of Wyoming did and forbid everything,” said Township Supervisor Alex Arends."

No, you could not have as they will learn as soon as the court doors swing open after the lawyers get done with them.

It sounds as an attempt to add some sugar to a poison pill.

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"The rules define dispensaries as any place — mobile or otherwise — where medical marijuana is smoked or consumed by three or more people simultaneously."

 

This definition does not work. Given the definition of "dispense" (http://www.thefreedictionary.com/dispense), use has nothing to do with it. Does that mean that businesses could then open and sell the stuff, as long as they are not permitting use on the premises? And whadda they mean, "No Magic Buses!?"

 

That's just getting started.

 

The rest is garbage. The law is too clear. Just about every provision considered is unconstitutional given the conflicts between the two. The State law is superior to their Cooley Law Professor. He has professionally embarrassed himself with this. There are fifth graders who can reason better than that.

 

We can piggyback their neighbors right along with them to these facts. Pull all of the arguments together and make the point with letters. If there is a local compassion club, it can put out a press release to all local media outlets, and expect one or more of them to pick it up and put it in their papers or on teevee. Above all else pack the hearing chambers with our people. Emphasize our commitment to remain compliant with the law. Sick people with assistive devices make great news. Point out the Michigan Right to Farm Act (RTFA)(http://www.michigan.gov/mda/0,1607,7-125-1566_2311_2313-13052--,00.html). Selling your garden produce to can be like having your own roadside stand, and only selling the stuff to qualified inidviduals. This last is, in fact, protected under the MMMA. Then there is 42 USC, Section 1983 (http://www.law.cornell.edu/uscode/42/1983.html). Find the elecion results for your immediate location. The proposal carried in every county. See if you can get them by voter precinct. The numbers can be pretty dramatic. Then, to take this trash down point by point cannot hurt, but that can get long winded. Brevity is necessary, especially at meetings. Authorized speakers are given only three minutes in some venues.

 

Those were the moves that worked in Saginaw (http://www.mlive.com/news/saginaw/index.ssf/2009/12/protesters_speak_against_sagin.html). That City has backed down altogether from their proposed moratorium, but also states now that they have sufficient zoning laws in place to regulate commercial establishments WITHOUT MAKING ANY CHANGES (http://www.mlive.com/news/saginaw/index.ssf/2010/10/saginaw_attorney_city_ordinanc.html). They do not and never did need any more. Alpine Township, and for that matter, all local units of government, can do the same. Throw them a bone and tell them that is okay that they enforce mechanical and electrical installs. After all, that is compliant with the law.

 

We are on the clock. Is there a CC that has a membership in that area? I would like to talk with any.

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I like this threat best

“We certainly could do what the city of Wyoming did and forbid everything,” said Township Supervisor Alex Arends."

No, you could not have as they will learn as soon as the court doors swing open after the lawyers get done with them.

It sounds as an attempt to add some sugar to a poison pill.

SUE EM cocky gentlemen. WHo are they to say get another aplication. FUX that who do these people step in everyones biz. How about this...find this state some freaking jobs get your budgets balanced and leave the MED MJ community alone. They are just still mad the law got passed and they legally are being forced to let us do what we voted in. Getting really sick of these conservatives in office. Half of the are as old as BUSH and have that same mentality.

 

I wish I was a lawyer I would haul them all into court on my own DIME. NO JOKE.

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Are these people idiots or just egomaniacs? Why would any township do anything until the current law suites are settled? Not only is it a waste of tax payer money but surly the outcome of the current suites will have some provision that makes them change what they have put in their ordinance. I guess these guys like looking like morons.

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So far - they have basically gone unchallenged and that is why they feel as though they can willfully impose restrictions.

The recent action by the ACLU has finally garnered so e attention but until there is a decision handed down those who think they have some sort of control will try to exercise it at the urging of those who oppose.

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