Medical pot 'caregivers' may be soon allowed in Grand Haven Township October 19, 2010 - grandhaventribune.com
Grand Haven Township residents interested in becoming medical marijuana "caregivers" could soon sell the drug in their homes.
Following a public hearing Monday on the issue, the township's Planning Commission unanimously approved recommending a zoning ordinance amendment to the Township Board that would allow medical marijuana as a home occupation.
"The Ordinance Review Committee looked at different ways to regulate medical marijuana in the township," township attorney Ron Bultje told planning commissioners. "The local units around here are regulating this through home occupation and the Ordinance Review Committee felt there is value in having uniformity among local units."
Grand Haven Township's proposed amendment to its existing home-occupation ordinance falls similar in line with a handful of local municipalities, including the cities of Grand Haven and Grand Rapids, to allow the growth of medical marijuana within its borders.
During Monday's public hearing, Amy "A.E." Gasaway of Holland, who represents several medical marijuana compassion groups and is also a medical marijuana patient, was mostly concerned about the confidentiality rights for the caregivers and patients. She argued that patient and caregiver information is covered under the federal privacy law; and if they have to register with the township, it could open up a series of issues — including having their information available to the public, which then can lead to "smash-and-grab" robberies of marijuana and grow equipment.
"There is no need to register with you," she said. "They're already registered with the state."
Bultje, however, explained that the township would not be privy to any patient information and caregiver information — which is provided to township officials upon the home-occupation permit application — would also be protected from the public.
"We would not have the names of the patients being served by the caregivers," Bultje said. "The caregivers would not be asked to divulge those names to the township and we would not ask for it. The caregivers' information is protected because they would provide it to the township, in terms of getting a permit for a home occupation. But we are not obligated to comply with a (Freedom of Information Act) request that asks for information that's protected by law."
In the case of a FOIA request regarding medical marijuana caregiver information, Bultje explained they could release statistical information — such as the number of medical marijuana home occupations operating in the township — but not locations or the names of "caregivers."
Gasaway said she was injured in a car accident in 1989 and still suffers from it — including a closed-head injury, broken back and headaches.
"It basically makes it so I live a more pain-free life," she said smoking pot, which she has been doing since the Michigan Medical Marijuana Act became law two years ago.
Throughout Monday's meeting, Gasaway provided commissioners some insight to medical marijuana and the state's law regulating it.
"(My goal) is having the township understand and recognize the local (Medical Marijuana Program) community, and also see that they stay and adhere to the state laws," she said. "I think they're going to have several civil challenges in the long run and they're going to need a lot of good luck with that."
The proposed amendment that would allow medical marijuana in the township would allow caregivers to have no more than five patients, may grow up to 12 plants per patient and possess 2.5 ounces of usable marijuana per patient. Medical marijuana businesses must also abide by existing regulations in the home-occupation ordinance, including not having any exterior evidence (other than a permitted sign to indicate that it is being used as a home occupation), no outside storage of equipment, the occupational space must not exceed 25 percent of the gross floor area of the dwelling, and only one registered primary caregiver is permitted per dwelling. The proposed permit area is also susceptible to inspections by the zoning administrator, the township's Fire/Rescue Department and law enforcement officials.
In regards to operating hours, medical marijuana caregivers in the township may conduct business 24 hours a day, as long as any lighting includes shielding methods from 11 p.m. to 7 a.m. to prevent any ambient light distraction for adjacent property owners.
Commissioners on Monday were concerned with the sign portion of the amendment and added that, if a caregiver were to erect a sign promoting their medical marijuana operation, then any pictorial representations of marijuana or marijuana paraphernalia — along with the name "marijuana" and any of its recognized spellings or slang terms — are prohibited.
Spring Lake Village Council discussed medical marijuana during its meeting on Monday as well. However, village officials say they don't plan to make a decision on the matter until a Dec. 6 meeting.
Moratoriums on medical marijuana occupation in both Grand Haven Township and Spring Lake Village remain in effect.
Since April 2009, the Michigan Department of Community Health has received nearly 66,000 original and renewal applications for medical marijuana; and has issued nearly 36,000 patient registrations.
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