Clinton Township Extends Moratorium on Medical Marijuana Businesses

Clinton Township’s business community will remain closed to medical marijuana dispensaries for another six months following the board of trustees’ unanimous decision Tuesday to extend the township’s moratorium.

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The board previously approved an extension of the moratorium on April 23, but with that ruling set to expire Oct. 17 and the township still without any clear understanding of its regulatory power under state law, another extension was deemed necessary.

"There’s still a question of both the conflict of federal and state law and there are some ordinances that have been put on the books by other municipalities, but at this time until I feel some of this is ironed out with the conflict of the laws that have been passed, we should continue with the moratorium," said Clerk George Fitzgerald.

The moratorium, as it was approved Tuesday, “prohibits the establishment of any business or premises for the distribution or dispensation of marijuana other than for the use by the person occupying the premises as a resident who has a debilitating medical condition allowing the use of marijuana as allowed pursuant to state law.”

However, this moratorium does not restrict licensed physicians from prescribing medical marijuana under the Michigan Medical Marijuana Act.

Like many cities and townships across the state, Clinton Township is paying close attention to numerous court cases and state legislation that could determine how, if at all, local units of government can regulate the sale and distribution of medical marijuana.

“A published Court of Appeals decision held that an outright ban within communities of allowing the use of marijuana premised on the concept that marijuana is not lawful under federal law goes too far," said township attorney Jack Dolan. "That decision is now up in the Supreme Court, so exactly how the Supreme Court of Michigan will deal with the issue remains unresolved.”

The extension passed Tuesday will keep the moratorium in effect for another six months.