The continuing saga of a medical marijuana exchange in downtown Shelbyville is in a holding pattern again.

Thomas Lavigne of Cannabis Counsel, attorney for CDXX Boutique owners Jerry Dan Patrick and Lisa Edwards, has proposed an ordinance for Martin Township to replace the ordinance the Planning Commission did not recommend for adoption. The local law local officials were considering would specifically have prohibited marijuana dispensing in the township.

The CDXX Boutique set up shop last May and began offering services and sales in June. It sells marijuana paraphernalia and provides a site for legal growers and patients to exchange product on a partial barter system.

The Township Board sent a representative from Professional Code Inspectors (PCI) to issue a civil citation alleging CDXX was dispensing marijuana illegally. There were two problems — the township did not have an ordinance specifically forbidding dispensation and CDXX owners Jerry Dan Patrick and Lisa Edwards insisted they were not dispensing marijuana but instead providing a safe place for legal growers and patients to make a transaction made legal by the act passed by Michigan voters in 2008.

The issue then came to the Martin Township Planning Commission, which at first insisted the new business did not go through proper channels, such as site plan review and seeking a special use permit. However, it later was pointed out that because the business replaced another and did not significantly make changes to the existing building, it did not need any review from local government.

The Martin Township Planning Commission Oct. 5 voted 4-2 against adopting an ordinance prohibiting dispensation of marijuana, defying Chairman Pete Zeinstra and Secretary Margaret Smith. Its recommendation was sent to the Township Board, which has the power to shut down the boutique by adopting the ordinance regardless of the Planning Commission action.

Further complicating matters is that a Martin Township ordinance adopted in 2007 prohibits practices of adult businesses, including those that sell items that enable customers to smoke marijuana. Ordinance No. 92 was adopted on Nov. 14, 2007, before passage of the Michigan Medical Marijuana Act in November 2008. Yet no Township Board member nor Planning Commission member, most of whom signed the ordinance in 2007, has brought up this most recent wrinkle, nor was it mentioned in an Allegan County court case that was handled in September.

Martin Township officials were told about a portion of the ordinance that reads, “Commercial and service establishments of an adult nature as listed and defined below are subject to special use regulations and other conditions” and lists adult bookstore, adult motion picture theater, adult mini motion picture theater, adult smoking or sexual paraphernalia store, massage parlor, host or hostess establishments offering socialization with a host or hostess for consideration and dance hall, tavern or cabaret providing live or projected entertainment where alcoholic liquors may or may not be sold for consumption…”

No. 4 in the ordinance listing of examples is, “Adult smoking or sexual paraphernalia means an establishment having, as a substantial or significant portion of its stock in trade, paraphernalia designed or usable for sexual stiplation (sic) or for arousal or for smoking, ingesting marijuana, controlled substances or other stimulating or hallucinogenic drug-related substances.”

Ironically, the same site in downtown Shelbyville since 2008 at one time had been home to a business offering medical massage services, despite the fact the ordinance prohibits massage parlors.

Lavigne’s proposed ordinance would allow CDXX Boutique to continue and the township to assess a $1,000 application fee for the new ordinance and a $5,000 annual fee for licensing.

“Could Martin Township use $6,000?” Patrick asked board members, adding that CDXX also would pay taxes on the donation it receives for its service.

He further explained, “Sales of marijuana are illegal, but we have a partial barter system in which both sides of the transaction receive medication. In a sale, one gets marijuana and the other gets money.”

The Michigan Medical Marijuana Act was passed by state-wide referendum of 63 percent of voters, permitting growers and caregivers to provide registered patients with medical marijuana. Despite the fact it was a state-wide referendum, local rules have varied in its application and there is much debate about dispensaries.

Planning Commission Chairman Pete Zeinstra is reviewing the ordinance proposed by Lavigne and the issue will return to the commission once again.