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Medical marijuana is one business the Macomb board of trustees doesn't plan to welcome into the township in the near future.
The board passed a moratorium Wednesday to suspend the issuance of any permits, licenses or approvals for the sale or dispensation of medical marijuana within township limits for the next 120 days. By the time this moratorium expires, the board expects to have a permanent ordinance in place.
The township's previous ordinance was struck down by a July 31 Michigan Court of Appeals decision that ruled any municipal ordinances prohibiting medical marijuana based on the fact that federal law prohibits the use and or possession of marijuana are now void and unenforceable.
"A city ordinance that purports to prohibit what a state statute permits is void," the opinion reads, meaning that the Michigan Medical Marijuana Act cannot be preempted by the Federal Controlled Substances Act.
As a result, Macomb Township and other municipalities across the state must now redraft their ordinances.
"We're going to have to accommodate (the language of the ruling) but put restrictions that meet the concerns of the community," said Macomb Township Clerk Michael Koehs. "That may include amendments to our zoning ordinance, but that's why it has to be reviewed by legal counsel."
While the moratorium is in place, the township will not be able to consider any requests to establish a medical marijuana business in Macomb.
The township passed its first medical marijuana moratorium in April 2011 and extended it in November 2011.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: patch.com
Author: Jenny Whalen
Contact: Contact Us - Macomb Township, MI Patch
Website: Macomb Reinstates Medical Marijuana Moratorium, Prepares Permanent Ordinance - Macomb Township, MI Patch
The board passed a moratorium Wednesday to suspend the issuance of any permits, licenses or approvals for the sale or dispensation of medical marijuana within township limits for the next 120 days. By the time this moratorium expires, the board expects to have a permanent ordinance in place.
The township's previous ordinance was struck down by a July 31 Michigan Court of Appeals decision that ruled any municipal ordinances prohibiting medical marijuana based on the fact that federal law prohibits the use and or possession of marijuana are now void and unenforceable.
"A city ordinance that purports to prohibit what a state statute permits is void," the opinion reads, meaning that the Michigan Medical Marijuana Act cannot be preempted by the Federal Controlled Substances Act.
As a result, Macomb Township and other municipalities across the state must now redraft their ordinances.
"We're going to have to accommodate (the language of the ruling) but put restrictions that meet the concerns of the community," said Macomb Township Clerk Michael Koehs. "That may include amendments to our zoning ordinance, but that's why it has to be reviewed by legal counsel."
While the moratorium is in place, the township will not be able to consider any requests to establish a medical marijuana business in Macomb.
The township passed its first medical marijuana moratorium in April 2011 and extended it in November 2011.
News Hawk- TruthSeekr420 420 MAGAZINE
Source: patch.com
Author: Jenny Whalen
Contact: Contact Us - Macomb Township, MI Patch
Website: Macomb Reinstates Medical Marijuana Moratorium, Prepares Permanent Ordinance - Macomb Township, MI Patch
