The days now are numbered for the CDXX Boutique marijuana exchange service on 124^th Avenue in downtown Shelbyville.

The Martin Township Board Monday night, immediately after a public hearing, voted 5-0 to adopt a zoning ordinance amendment specifically forbidding marijuana dispensaries from operating within the township’s borders. The board’s move reverses a 4-2 recommendation by the Planning last October not to adopt the ordinance.

CDXX Boutique, co-owned by Jerry Dan Patrick and Lisa Edwards, opened last May, but was informed it was in violation of local rules. Patrick replied that he wasn’t operating a dispensary, but was permitting licensed caregivers and patients to do partial barter exchanges. Both groups were permitted to buy and sell under the Michigan Medical Marijuana Act approved by voters statewide in 2008.

The matter was taken to court in September, when Patrick and Edwards were allowed to remain open until the issues were resolved.

A month later the Planning Commission voted against a zoning ordinance amendment written by Township Attorney Jeff Sluggett, which specifically would have prohibited in black and white the dispensation of marijuana.

CDXX Boutique, through attorney Thomas Lavigne of Cannabis Counsel, came up with an alternative ordinance in which the township could assess a $5,000 licensing fee annually if the shop was allowed to remain open. But Monday’s night’s unanimous decision made that question moot.

Sluggett, in explaining the ordinance amendment, said the township maintains, “There is no legal right to operate a medical marijuana dispensary… If it’s not expressly permitted, it is not allowed.”

During the public comment portion of the meeting, Sara Lynema challenged that notion, recalling that about 110 years ago auto repair shops were not expressly permitted because the internal combustion engine industry was in its infancy. Yet the shops were not forbidden to operate.

Township officials also said they had problems with the way CDXX Boutique opened for business, without going through proper channels by appearing before the Planning Commission. However, it is customary for new businesses to open in a shop that was similar and not apply for permits or zoning changes if they don’t change the size, shape and obvious appearance of the business.

Most of those who opposed the Township Board adopting a zoning ordinance amendment defended use of marijuana for medical purposes and said the presence of CDXX Boutique has provided them with a safe and reliable place to get their medicine without having to drive to Kalamazoo or Grand Rapids.

Lynema, who lives in Wayland, said, “I wanted to be against this (the boutique), but when I buried myself in the research, I couldn’t find a darn thing to back up what I thought about it… Banks and coffee shops have higher crime rates than marijuana dispensaries.”

Donna Wykstra, who said she has been a massage therapist, asserted many of her clients get pain relief from use of marijuana.

“You’re not making the problem go away, you’re driving it to dark parking lots for exchanges).”

Some, including Allegan County Undersheriff Frank Baker, expressed support for the new ordinance, saying the dispensary is illegal.

Township Trustee Jim Brenner said he has a lot of problems with explanations of the partial barter system.

“I’m having a hard time wrapping my head around it,” he acknowledged. “I do not understand this barter system, it sounds like getting around something that’s not legal.”

It wasn’t entirely clear how long CDXX Boutique has until it must clear out of its location, which many years ago was the post office in Shelbyville. Supervisor Glenn Leep said it is customary for the deadline to be 30 days after legal publication of the ordinance, which would make it sometime in February.

After the vote was taken, Patrick told the board, “Thank you for excluding Martin Township from tens of thousands of dollars in tax revenue.”

PHOTOS: CDXX Boutique co-owners Lisa Edwards and Jerry Dan Patrick

The CDXX Boutique in downtown Shelbyville.