York Township Sends Marijuana Issue to Circuit Court for Answers

York Township officials are fed up with trying to understand the Michigan Marijuana Act. They have asked their attorney to file an action for declaratory judgment in the Washtenaw Circuit Court, asking for clarification.

The township attorney, Victor Lillich of Ann Arbor, spoke to the board Aug. 11 at a regular board meeting. However, the board declared a closed session for their conversation with Lillich on the grounds that they had attorney client privilege.

Following the closed session, the board quickly passed a resolution asking Lillich to file the declaratory judgment action, especially as to marijuana growth facilities. Supervisor John Stanowski explained later that the township currently has a provision allowing a home-based business in the person’s home, in areas zoned R-1. The R-1 zoning applies to single family homes and subdivisions.

Stanowski says there are no marijuana facilities in York Township that he knows about, but he is concerned about the prospect of single family homes going into this type of business.

“Under our home business act, the business has to be conducted in the home,” he says, rather than in the back yard.

Stanowski said he doesn’t want marijuana plants growing out in the open in the middle of residential areas.

He estimates it may take about two months for Lillich to file the petition in circuit court and get an answer from a judge.

“I do believe, in my lifetime, they may legalize it,” Stanowski commented, referring to marijuana. “They’ll be able to control it and tax it.”

According to Stanowski, if marijuana was legalized and taxed, it could amount to $8 million a year in revenue to the State of Michigan.

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