The Martin Township Planning Commission voted 5-2 Tuesday night to table action on a proposed ordinance against dispensing medical marijuana.

The commission heard a lot of comments from the nearly three dozen people who showed up at the public hearing, all but one supporting the newly-established “head shop” at the former post office on 124^th Avenue in Shelbyville.

The ordinance would prohibit any business from dispensing medical marijuana on site, but Jerry Patrick, owner of the CDXX Boutique, insists he doesn’t dispense medical marijuana, he only provides a place for caregivers and patients to transact their legal business.

Patrick acknowledged he accepts donations from the patients and caregivers, and his wife, Lisa Edwards, sells marijuana-related paraphernalia in another part of the building.

Patrick bought the building last April and opened the head shop and exchange site in May. Since then, he has received a ticket from Professional Code Inspections charging a violation of the zoning ordinance.

The public hearing was called for the Planning Commission to adopt an ordinance specifically prohibiting and identifying a dispensary. Township Trustee Jim Brenner, a member of the Planning Commission, said in his more than 20 years as a local official he had never seen such a large crowd at a meeting and he was caught off guard.

Thomas J. Lavigne, Patrick’s attorney, told the Planning Commission, “We’d like you to keep an open mind on this. It isn’t a dispensary, it’s a meeting place for caregivers to connect with their patients,” which he said is legal under provisions of the Michigan Medical Marijuana Act approved state-wide in 2008 by 63% of Michigan’s voters.

The law specifies that caregivers may sell medical marijuana to as many as five clients at 2.5 ounces each time.

Chris Altman said he likes coming to the Martin site because he believes it is run well.

“This isn’t a dispensary, it’s a collective,” he said. “You can’t just walk in and buy something. You have to show your card. This is a haven for us who have chosen not to go through the back alley (to buy marijuana).”

Rob Comer, another client, said he was diagnosed with cancer in 2000 and for too long took prescribed narcotics, but now is improving with cannibus.

Tyler Boucher, who identified himself as a combat veteran, admitted he self-medicated with marijuana for awhile, but then took steps to use it legally.

“I was looped up on a dozen narcotics and I was a zombie… This way (with pot) I’m able to be me because of something’s that organic.”

Laura Seely, who said she is a 72-year-old Martin Township resident, said she uses marijuana for treating fibromyalgia and arthritis.

About CDXX Boutique, she said, “This is a place where I can go where it’s legal. I don’t have to go on the streets.”

Donna Wykstra said she’s not a user, but as a massage therapy business in the area and has noticed many of her clients are doing much better with pain since they starting using marijuana.

“This business is doing everything by the book,” she told the commission.

Marilyn Johnson, who is about to begin another round of chemotherapy, said she’s never smoked pot, but she would like to have the opportunity as an alternative.

“I would want to get it from a source that was safe and legal,” she said.

Her mother, Lorraine Vandenberg, wife of former Martin Fire Chief Ron Vandenberg, said she went through a great deal of pain and suffering while undergoing chemotherapy and perhaps could have benefitted from using marijuana.

Kebbie Brush, former owner of the Bib Restaurant at Gun Lake and Curly Cones, praised Patrick, saying, “He plays by the book. He’s very knowledgable and gives me all the information I need. He would never allow a sale to someone who isn’t licensed.”

Charles Quinn said he personally was required by Patrick to wait until he was legal before he could obtain the medicine from his caregiver.

Brian Borr of Leighton Township said he suffered a ruptured disc years ago and went too long with pills.

“I found marijuana to be a better alternative,” he said. “If you regulate (marijuana), it’ll go underground. It’s not going to go away… This is not a bunch of 18-year-olds looking to get high.”

Neil Barnes of Wayland, another cancer survivor, said the boutique insists on doing things correctly.

“A majority of voters in this state said it’s all right to do this as long as we do this legally,” he said. “This facility is well run and I personally wouldn’t have a problem being a neighbor.”

Sarah Lynema of Wayland said he doesn’t use, but she’s a former resident of Martin and would like to see a business and service do well here.

Kevin Carlson said marijuana has been a huge help to his him in his battle with glaucoma.

About the boutique, he said, “This place is locked down. You have to be 21 to enter and you have to have a card to go into the area for the patient-caregiver exchange… This is the tightest exchange I’ve ever seen. As far as I know, they’ve never caused any problems.

“I ask you to give them a year and see if there are any problems.”

One member of the audience, Jerry Akers, expressed reservations about more such shops springing up in town and he asked who would monitor this enterprise to make sure it’s doing as it should.

Another member of the audience said the police would, just like they do bars.

Patrick said he uses the services of a Walled Lake testing lab to make certain the marijuana exchanged is free of any problems.

Commission Chairman Pete Zeinstra said he had problems with the boutique not working with the Planning Commission before opening.

“Normally, with a business, we have to regulate parking, signage, lighting… We never had the opportunity to do that with you. We like to work with people who want to do business in the community, but there is a process.”

Brush responded, “I’ve been in business for over 30 years now and I didn’t know that.”

Perhaps the biggest objections came from Planning Commission Secretary Margaret Smith.

Noting that she herself is a cancer survivor and knows the horrors of chemotherapy, she said, however, “We have responsibilities to the people of Martin Township, to the people who live here. What do the people who live here want?

“I don’t have a sense of that because a group tells us about a place they’ve found. That doesn’t mean it’s the right place…

“The question is whether this is sound for Martin.”

She further said she questions whether adding a business or service to the community is always a good idea, pointing to the Martin U.S.-131 Motor Sports Park, which is nationally known but does almost nothing economically for Martin.

Smith moved to table action on the proposed ordinance. She, Vince Tuinstra, Dan Buskirk and Brenner voted affirmatively. They have been invited to come into the shop to see the operation for themselves.

Zeinstra voted no and was joined by Kevin Dekkoekoek, insisting action needs to be taken now because Martin Township, according to its attorney, is behind others in having such an ordinance.

PHOTO: About three dozen people attended the Martin Township Planning Commission hearing to express support for the CDXX Boutique.

The CDXX Boutique is located in downtown Shelbyville in what used to be the post office.