Milford officials have placed a township-wide moratorium on medical marijuana-based activities in order to allow time to determine where in the township people can grow, distribute and use the drug.
Township Attorney Jennifer Elowsky explained that state law doesn't address where it's appropriate to smoke, cultivate or dispense medical marijuana. But since the medical marijuana law was enacted in 2008, township officials need to decide under what zoning classification those activities will be permitted.
"It's now a lawful use. You have to provide space for it," Elowsky said.
In establishing a moratorium, Milford Township joins several municipalities throughout the state which have done so.
The township board is directing the township Planning Commission to address the issue as soon as possible and come up with a recommendation to be considered for approval. The township board will make the final decision.
Those caught violating the moratorium can be subjected to civil penalties associated with disregarding other township ordinances, Elowsky said.
"It is the same as any civil infraction," she said, typically involving a citation and fine.
Though such issues can end up in district court, they are often resolved before getting to that level, said Don Green, Milford Township supervisor. The first step is notifying violators by mail, he said.
Green called the issue of designating a zoning classification that permits marijuana use "a hot topic."
"I've been in discussion with legal counsel, the police department and other township supervisors (about it)," Green said. "It's our legal responsibility to supply a place for them to be able to do it."
He said he wished the state of Michigan had addressed the location issue before medical marijuana use was approved by voters in 2008.
"I was hoping the legislature would have decided before they did what they did," Green said.
Elowsky said people can expect the matter to be a recurring issue in the court system.
"I promise you the next couple of years there's going to be a lot of litigation about this," she said.
The moratorium is in effect for six months or until the matter is resolved, whichever comes first. If no decision has been made within six months, the township board will have the option of extending the moratorium.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: HometownLife.com
Author: Aileen Wingblad
Copyright: 2010 HometownLife.com
Township Attorney Jennifer Elowsky explained that state law doesn't address where it's appropriate to smoke, cultivate or dispense medical marijuana. But since the medical marijuana law was enacted in 2008, township officials need to decide under what zoning classification those activities will be permitted.
"It's now a lawful use. You have to provide space for it," Elowsky said.
In establishing a moratorium, Milford Township joins several municipalities throughout the state which have done so.
The township board is directing the township Planning Commission to address the issue as soon as possible and come up with a recommendation to be considered for approval. The township board will make the final decision.
Those caught violating the moratorium can be subjected to civil penalties associated with disregarding other township ordinances, Elowsky said.
"It is the same as any civil infraction," she said, typically involving a citation and fine.
Though such issues can end up in district court, they are often resolved before getting to that level, said Don Green, Milford Township supervisor. The first step is notifying violators by mail, he said.
Green called the issue of designating a zoning classification that permits marijuana use "a hot topic."
"I've been in discussion with legal counsel, the police department and other township supervisors (about it)," Green said. "It's our legal responsibility to supply a place for them to be able to do it."
He said he wished the state of Michigan had addressed the location issue before medical marijuana use was approved by voters in 2008.
"I was hoping the legislature would have decided before they did what they did," Green said.
Elowsky said people can expect the matter to be a recurring issue in the court system.
"I promise you the next couple of years there's going to be a lot of litigation about this," she said.
The moratorium is in effect for six months or until the matter is resolved, whichever comes first. If no decision has been made within six months, the township board will have the option of extending the moratorium.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: HometownLife.com
Author: Aileen Wingblad
Copyright: 2010 HometownLife.com
