COOPER CHARTER TOWNSHIP RESOLUTION NO.

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1 COOPER CHARTER TOWNSHIP RESOLUTION NO. RESOLUTION TO INTRODUCE AN ORDINANCE TO CONTINUE TO IMPOSE A MORATORIUM ON THE ISSUANCE OF PERMITS, LICENSES OR APPROVALS FOR CERTAIN USES OF PROPERTY RELATED TO MEDICAL MARIHUANA At a regular meeting of the Township Board of Cooper Charter Township, Kalamazoo County, Michigan, held at the Township Hall in said Township on the 13th day of May 2013, at 7:00 p.m. PRESENT: ABSENT: The following preamble and resolution was offered by and seconded by. WHEREAS, pursuant to the Michigan Zoning Enabling Act, 2006 PA 110, and the Charter Township Act, 359 PA 1947, as amended ( Act ), Cooper Charter Township ( Township ) has the authority to establish reasonable regulations to control the sale and dispensation of medical marihuana in order to protect the public health, safety and welfare and in a manner consistent with the Michigan Medical Marihuana Act; WHEREAS, based on recent and pending cases in the Michigan courts and current bills pending in the Michigan Legislature, the continued legality of the possession, distribution, and sale of medical marihuana is in doubt, notwithstanding the enactment of the Michigan Medical Marihuana Act;

2 Page 2 of 7 WHEREAS, in light of the constantly changing legal landscape, the Township desires to consider the best way to address the Michigan Medical Marihuana Act in a manner consistent with Michigan law to protect the public health, safety, and welfare of Township residents; WHEREAS, the Township has previously imposed a moratorium on permits, licenses, or approvals for medical marihuana and desires to continue with that moratorium; WHEREAS, imposing a continued moratorium, on a limited temporary basis, is reasonable and necessary in order to allow time for review of and potential amendments to the Cooper Charter Township Code of Ordinances, including the Zoning Ordinance, and to monitor the pending litigation and legislation that may affect the legality of medical marihuana; and WHEREAS, Section 20 of the Act requires each proposed ordinance be introduced in written or printed form, identified by a number and short title and, following introduction of the proposed ordinance, requires the Clerk to publish the proposed ordinance in the form in which it is introduced. NOW, THEREFORE, the Township Board of the Township, resolves as follows: 1. The Township hereby introduces Ordinance No., An Ordinance To Continue to Impose A Moratorium On The Issuance Of Permits, Licenses Or Approvals For Certain Uses Of Property Related to Medical Marihuana (the Ordinance, attached as Exhibit A). 2. The Township Board will consider adopting the Ordinance at its next regular meeting on June 10, 2013, at 7:00 p.m. 3. Pursuant to Section 20 of the Act, the Clerk is directed to publish the Ordinance in accordance with Section 8 of the Act by posting in the office of the Clerk and on the Township s web site. The Clerk is further directed to publish notice of posting in a form substantially conforming to that attached as Exhibit B to this resolution describing the purpose of the

3 Page 3 of 7 Ordinance and that the Ordinance is posted in the office of the Clerk and on the Township s web site in a newspaper of general circulation in the Township within seven (7) days of the posting. 4. A copy of the Ordinance shall be available for examination at the office of the Clerk and copies may be provided for a reasonable charge. 5. Any and all resolutions that are in conflict with this Resolution are hereby repealed to the extent necessary to give this Resolution full force and effect. YEAS: NAYS: THE RESOLUTION WAS DECLARED ADOPTED. STATE OF MICHIGAN ) ) COUNTY OF KALAMAZOO ) I the undersigned, the duly qualified and acting Township Clerk of the Charter Township of Cooper, Kalamazoo County, Michigan, DO HEREBY CERTIFY that the foregoing is a true and complete copy of certain proceedings taken by the Township Board at a regular meeting held on the 13th day of May 2013 at 7:00 p.m. Bonnie L. Sytsma, Township Clerk

4 Page 4 of 7 EXHIBIT A ORDINANCE NO. AN ORDINANCE TO CONTINUE TO IMPOSE A MORATORIUM ON THE ISSUANCE OF PERMITS, LICENSES OR APPROVALS FOR CERTAIN USES OF PROPERTY RELATED TO MEDICAL MARIHUANA COOPER CHARTER TOWNSHIP ORDAINS: Section 1. Findings: In accordance with the Michigan Zoning Enabling Act, 2006 PA 110, as amended (the MZEA ), the Charter Township of Cooper ( Township ) has determined that: 1. When the Township adopted its Zoning Ordinance and its Code of Ordinances, the Michigan Medical Marihuana Act, MCL et seq, was not contemplated. 2. Pursuant to the MZEA and the Charter Township Act, 359 PA 1947, the Township has the authority to establish reasonable regulations to control the sale, dispensation, manufacture, and storage of medical marihuana in order to protect the public health, safety and welfare and in a manner consistent with the Michigan Medical Marihuana Act and other applicable Michigan law. 3. Based on recent and pending cases in the Michigan courts, the continued legality of the possession, distribution, and sale of medical marihuana is in doubt, notwithstanding the enactment of the Michigan Medical Marihuana Act. 4. The Michigan Supreme Court has recently held that medical marihuana dispensaries are unlawful. State of Michigan v McQueen, 493 Mich 135; 828 NW2d 644 (2013). 5. On the subject of preemption, the Michigan Court of Appeals held that a Township ordinance prohibiting property uses that violate federal law conflicts with the Act and is void. Ter Beek v Township of Wyoming, 297 Mich App 446; 823 NW2d 864 (2012). The court concluded that the Michigan Medical Marihuana Act is not preempted by the federal Controlled Substances Act, which prohibits all uses of marihuana. The Supreme Court has recently granted leave to appeal this decision. 6. Further, a bill was introduced in the Michigan Senate to amend the Michigan Medical Marihuana Act to prohibit the operation of marihuana clubs or bars. See Senate Bill No 17 of That bill remains pending before a senate committee.

5 Page 5 of 7 7. In addition, a bill was introduced on February 13, 2013 to regulate medical marihuana provisioning centers. House Bill No of In light of the constantly changing legal landscape, the Township desires to consider the best way to address the Michigan Medical Marihuana Act in a manner consistent with Michigan law to protect the public health, safety, and welfare of Township residents. 9. The Township has previously imposed a moratorium and desires to continue with that moratorium. 10. Imposing a continued moratorium, on a limited temporary basis, is reasonable and necessary in order to allow time for review of and potential amendments to the Cooper Charter Township Code of Ordinances, including the Zoning Ordinance, and to monitor the pending litigation and legislation that may affect the legality of medical marihuana. 11. A continued moratorium should be imposed upon the issuance of any and all permits, licenses and approvals arising from or related to any property subject to or under the jurisdiction of the Cooper Charter Township Code of Ordinances, including its Zoning Ordinance, for the use of property for the (1) sale or dispensation of medical marihuana; (2) growing, maintaining, or storing of medical marihuana for any person in exchange for consideration; and (3) renting of a location or any portion of a location to another person for the purpose of growing, maintaining, storing, using, selling, or dispensing medical marihuana. The moratorium should remain in effect for twelve (12) months or until an amendment to the Cooper Charter Township Code of Ordinances, including its Zoning Ordinance, whichever occurs first. Section 2. Moratorium. A moratorium is hereby imposed upon the issuance of any and all permits, licenses or approvals arising from or related to any property subject to or under the jurisdiction of the Township s ordinances for the (1) sale or dispensation of medical marihuana; (2) growing, maintaining, or storing of medical marihuana for any person in exchange for consideration; and (3) renting of a location or any portion of a location to another person for the purpose of growing, maintaining, storing, using, selling, or dispensing medical marihuana. Section 3. Term of Ordinance. The moratorium imposed by this ordinance shall remain in effect until the earlier of: (1) twelve (12) months following the effective date of this ordinance, or (2) the date when amendments to the Cooper Charter Township Code of Ordinances and/or Township Zoning Ordinance related to the sale or dispensation of medical marihuana become effective.

6 Page 6 of 7 Prior to the expiration of the twelve (12) month moratorium, the Township may, by resolution, extend the moratorium for an additional six (6) months to allow sufficient time to complete amendments to the ordinances. A notice of extension shall be published in a newspaper of general circulation following adoption of such resolution. Section 4. Validity and Severability. Should any portion of this Ordinance be found invalid for any reason, such holding shall not be construed as affecting the validity of the remaining portions of this Ordinance. Section 5. Repealer Clause. Any ordinances or parts of ordinances in conflict herewith are hereby repealed only to the extent necessary to give this Ordinance full force and effect. Section 6. Effective Date. This section provides that the Ordinance becomes effective immediately upon publication. Approved this day of, Bonnie L. Sytsma, Clerk Jeffrey Sorensen, Supervisor

7 Page 7 of 7 Exhibit B CHARTER TOWNSHIP OF COOPER NOTICE OF POSTING OF PROPOSED ORDINANCE NO., AN ORDINANCE TO CONTINUE TO IMPOSE A MORATORIUM ON THE ISSUANCE OF PERMITS, LICENSES OR APPROVALS FOR CERTAIN USES OF PROPERTY RELATED TO MEDICAL MARIHUANA PLEASE TAKE NOTICE that at its regular meeting on May 13, 2013, the Township Board received a proposed ordinance entitled Ordinance No., An Ordinance To Continue To Impose A Moratorium On The Issuance Of Permits, Licenses Or Approvals For Certain Uses Of Property Related to Medical Marihuana which will be considered for adoption on June 10, 2013, at 7:00 p.m., at the Township Board meeting at the Township Hall at 1590 West D Avenue, Kalamazoo, Michigan. The proposed ordinance would, among other things, establish a moratorium on the issuance of permits, licenses or approvals arising from or related to any property for the (1) sale or dispensation of medical marihuana; (2) growing, maintaining, or storing of medical marihuana for any person in exchange for consideration; and (3) renting of a location or any portion of a location to another person for the purpose of growing, maintaining, storing, using, selling, or dispensing medical marihuana for an initial period of twelve (12) months or until amendments to the Township ordinances related to the sale or dispensation of medical marihuana take effect, whichever is sooner. The proposed ordinance is available in its entirety for public inspection. The proposed ordinance is posted at the office of the Township Clerk, 1590 West D Avenue, Kalamazoo, Michigan, and is posted on the website of the Charter Township of Cooper, BONNIE L. SYTSMA, Clerk Cooper Charter Township Hall 1590 West D Avenue Kalamazoo, MI (269) :00001:

TOWNSHIP OF WILBER IOSCO COUNTY, MICHIGAN ORDINANCE NO ADOPTED: January 7, 2013 PUBLISHED: January 16, 2013

TOWNSHIP OF WILBER IOSCO COUNTY, MICHIGAN ORDINANCE NO. 13-01 ADOPTED: January 7, 2013 PUBLISHED: January 16, 2013 EFFECTIVE: IMMEDIATELY UPON PUBLICATION AFTER ADOPTION An Ordinance to impose a limited