Though the Penasee Globe did not attend any of the meetings and has reported nothing about the CDXX Boutique medical marijuana exchange, it has supplied a new wrinkle that could sink the controversial service in downtown Shelbyville.
Globe reporter Sherry Kuyt has unearthed information about a Martin Township ordinance adopted in 2007 that 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.
Kuyt contacted Martin Township officials and told them 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 listings 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 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.
The CDXX Boutique set up shop last May and began offering its services and sales in June. It sells marijuana paraphernalia and provides a site for legal growers and patients to exchange product for compensation.
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 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 plans to decide on the matter once and for all, and may very well use the 2007 ordinance to shut down the boutique.
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 brought up in an Allegan County court case that was handled last month.
Edwards, when asked about the latest development involving Globe reporter Sherry Kuyt, said, “Well, if she’d ever been in my store she would have seen the sign/disclaimer that has been there since day one saying ‘unless you are a legal medical patient of the state, these items are meant for tobacco use only.’ I also sell T-shirts, sunglasses, hats, purses, ashtrays etc… I have a sales tax license through the state of Michigan and have it displayed and I charge accordingly.”
The Township Board is expected to take up the issue at its regular meeting in November, the second Wednesday of the month.