Marijuana research institute says they should be grandfathered in after local regulation law is passed. What do you think?
Thu, 21 Apr 2011 03:56:20 GMT —
Vienna Township officials say they're concerned a marijuana research institute in Clio isn't following the rules.
They say the center wasn't clear they intended to open a Cannabis Research Institute on the premises.
But the center's co-founders say that TMs not true, and the All Natural Health and Wellness Center should be grandfathered in since they set up shop before the local law was put into place.
The All Natural Health and Wellness Center in Clio says they're not pleased with Vienna Township TMs new Medical Marijuana Ordinance.
"None of the townships have gone to the patients or the professionals in order to get any information whatsoever. They steal each others ordinances, copy them, and none of them are set up right," said Robb Lapeen, the Co-Founder of the All Natural Health and Wellness Center.
Under the law, effective April 14, medical marijuana patient care centers can operate only by special land use permit.
"It TMs not the townships authority to be able to supersede the state law. We have to go under the intent of what the state law was voted in by the voters of Michigan," said Eric Gunnels, the Co-Founder of the All Natural Health and Wellness Center.
Vienna Township TMs superintendent says the center falls under commercial zoning, but the building's use has changed, something that should have been pre-approved by the Vienna Township Planning Commission.
"The retail, the exercise, a lot more people involved in the building, that TMs a change of use," said Robert Palmer, Vienna Township TMs Superintendent.
ViennaTownship officials say because Michigan TMs Medical Marihuana Act is written so vaguely, most likely they TMre going to end up in court several times.
"I don't see anyway a government can do anything without being wrong some way or another, and it TMs all going to have to be litigated," said Palmer.
And that's paid for by tax payer dollars.
"We've already spent probably more on medical marijuana in the last eight months than we spend on all legal fees in a normal year," said Palmer.
Monday, the All Natural Health and Wellness Center TMs site plan will be looked at by the Vienna Township Planning Commission.
If it's approved, the superintendent says the center will then have to apply for the special permit and agree to follow the township's Medical Marijuana Ordinance.
"Obviously we were here before the township ordinance was passed. We feel that we are grandfathered in, but we would like to work with the township to critique this ordinance, so that it meets the patient TMs needs," said Gunnels.
The superintendent anticipates their Medical Marijuana Ordinance will have to be altered dozens of times once precedents are set in court, but if the law is broken...
"We have to go very slow and very careful, and give everybody every chance in the world to get through the process, and then at some point we find a judge that's willing to evict them, kick TMem out, order it closed," said Palmer.
The All Natural Health and Wellness Center says they don't think the dispute has to go to court, but they intend to appeal if their site plan is denied by the planning commission.
The center says one of the writers of Michigan TMs Medical Marihuana Act is expected to be at the Vienna Township Planning Commissions' meeting Monday night.
It starts at 6 p.m.
Do you think medical marijuana dispensaries and patient care facilities should be grandfathered in if they set up shop before local law is put into place?
Do you think local governments have their hands tied under Michigan TMs Medical Marihuana Act?