The Martin Township Planning Commission next month is expected to come up with a proposed local ordinance regulating medical marijuana.

The move has been promoted by the continued pesky problem of the presence of a “head shop” on 124^th Avenue in the old post office in downtown Shelbyville.

The township until now has been operating under a moratorium on having a local law for years in the wake of the state-wide voters’ approval of medical use of marijuana in a 2008 election referendum.

Township officials insist it is a dispensary operating at the site on 124th Avenue. Professional Code Inspections was called in to inform the proprietors that they were operating illegally.

The business, which earlier had been a sort of bait shop, was shut down, but doors have remained open otherwise and paraphernalia such as pipes are being sold.

Martin Township Trustee Jim Brenner and Supervisor Glenn Leep both said they were puzzled in June when they noticed a “Green Cross” sign outside the building and they began to make inquiries, resulting in PCI getting involved.

The CDXX Boutique was issued a civil infraction, but the township was told it was presented to the wrong person. PCI then issued a citation to Jerry Patrick.

Township officials have been told the owner insists the boutique is not a dispensary, but rather a “head shop.” Leep said he remains unconvinced there is a difference.

But the township may have to go to court on the matter.

The State Legislature, after the 2008 referendum was approved, set up regulations by which local municipalities could decide on the issue, some of which decided to continue the ban on any use of the substance. Many local governments, rather than spend a lot of money for attorney’s fees, simply put off adopting local rules with their moratoriums that kicked the can down the road for six months each time.

The Martin Township Planning Commission will take up a proposed local ordinance that would prohibit dispensing marijuana with a maximum fine of $500 and/or 90 days in jail. If the Planning Commission approves the ordinance it will go to the Township Board. It will become effective after being published in a local newspaper of record.