The more I do the research and think critically about the situation, the more I believe Martin Township is skating on thin ice regarding the marijuana exchange site in Shelbyville.
The most recent information I’ve 
come across indicates that CDXX Boutique doesn’t really have to go before the Planning Commission for any kind of site plan approval and that the township adopting an ordinance prohibiting marijuana dispensaries would be futile in attempts to shut down the shop.
For those not up to speed on this unusual story, the Township Board discovered CDXX was open at 948 124th Ave. Local officials believed the shop was dispensing marijuana and asked Professional Code Inspections to issue a citation alleging violation of the local ordinance.
A public hearing was held Sept. 1 on adopting a local ordinance forbidding dispensing the product, but members of the Planning Commission decided to table the question to get more information.
CDXX owner Jerry Dan Patrick insisted his shop does not dispense marijuana, instead serving as a site for legal growers and patients to exchange money for product safely.
CDXX Boutique is listed as a dispensary on the Internet. The web site includes information about different strains of the weed that are available. However, that could be a description of what area legal growers are bringing for exchanges.
The crucial issue is whether Patrick is making money from the sale of marijuana. He insists he is not, and that he only seeks donations. Township officials suspect otherwise.
Making matters even more complicated is that Patrick did not approach the Township Planning Commission for site plan approval. Planning Commission Chairman Pete Zeinstra told Patrick at the public hearing he should have followed procedures like everybody else.
But I have since learned that if a new business replaces another one and doesn’t change the appearance or size, and essentially does the same things as its predecessor, no prior approval from a government entity is necessary.
Recent case in po
int was offered by the Sweet Leaf glass business that opened in the mini-mall on Clark Street behind Burger King in Wayland. Owners did not appear before the City Planning Commission, nor the City Council before their grand opening that included representatives from the city and the Chamber of Commerce.
I asked Wayland City Manager Mike Selden why no prior approval was needed. He answered, “Because the business fit within the zoning district, there was really no change in use of the building and there was no change in the footprint of the building, this is nothing that would have gone before our Planning Commission or City Council. Any changes within the building itself they would have done, would have gone through PCI for building inspections, but that is all that is required as long as the use isn’t really changing, which would have been general retail and the use fits within the zoning which is B-2 and it does.”
Selden’s explanation was corroborated by members of the Leighton Township Board when asked Thursday evening.
So if CDXX Boutique replaced a business that was similar in operations at a site zoned commercial and it did not expand or change the building, Patrick could argue no preliminary process was necessary. CDXX came in after the Mustard Seed, which provided medical massages and sold herbs, teas, exotic and unique gifts and apparel, but closed a couple of years ago.
To be sure, the site for many years was the Shelbyville post office, which now has been relocated to Gun Lake. But the most recent use was for the Mustard Seed.
Patrick’s wife, Lisa Edwards, sells a lot of marijuana-related items, but that is perfectly legal. Then there is a closed off location for exchanges that can be entered only by card-carrying medical marijuana users and providers.
Though attorneys for the township and for Patrick reached agreement a week ago to keep the shop open for at least another 90 days, the township may be in a precarious position, especially if it cannot pro
ve Patrick and CDXX is dispensing marijuana for profit.
Furthermore, if Michigan voters in November 2016 approve a ballot question legalizing marijuana much like Colorado, Washington, Oregon, Washington D.C. and Alaska, all of this battling over an ordinance would have been for naught.
