FeedsJoint effort
Municipalities ban medical marijuana clinics
Several local communities are just saying no to the potential opening of medical marijuana facilities within their borders at least until the smoke clears around current legal questions.
Michigan voters adopted a constitutional amendment making medical marijuana legal about 18 months ago but possession, use, transport or growing the drug is still a federal crime, leaving local municipalities, and city attorneys, with more questions than answers.
“All cities in western Wayne are adopting the same kind of ordinance,” said Northville Public Safety Director John Werth. Northville Township trustees heard the first reading of an ordinance prohibiting medical marijuana clinics last week.
In Westland, city council members heard a first reading of an amendment to a zoning ordinance that would prohibit medical marijuana dispensaries from operating in the city and are expected to approve the second reading next week.
“The city has made a choice of prohibiting medical marijuana dispensaries based on the belief that their existence within the city would be detrimental from a public safety standpoint as well as the negative effect on surrounding neighborhoods,” said Westland Mayor Bill Wild. “Similar ordinances have been recently enacted in surrounding communities such as Livonia and Canton Township in response to these same concerns,” he added.
Voters’ approval of Proposal 1 now allows patients who have been issued a valid state registry identification card to cultivate up to 12 marijuana plants and possess up to 2.5 ounces of marijuana. If registered patients do not wish to grow the drug, they can obtain marijuana from a caregiver. These individuals do not have to be licensed physicians or professionals and can assist up to five patients, cultivating as many as 60 plants and possessing 12.5 ounces of marijuana at a time.
Local officials are concerned that these “clinics” or dispensaries can spring up in residential areas and that there are no state guidelines for their operation.
The Westland ordinance was in response, Wild said, to requests to the city building department for potential dispensary or clinic sites.
Wayne City Attorney Richard Clark agrees that there are still far more questions than answers about the dispensaries.
“About two or three months ago we adopted a zoning ordinance in Wayne to control the location of dispensaries-but this in no way should be interpreted as an acceptance of them as legal.
Marijuana growing, transporting, possession or use is still against the federal law,” he said. “We based our ordinance on distance, 1,000 feet from a school, residence or church, uses that are just generally not compatible with this type of thing,” he added.
In Canton Township, the board of trustees also addressed the issue through zoning. Supervisor Phil LaJoy said the township kept the zoning ordinance pretty simple but effective when they adopted changes to it a few months ago.
“Our zoning prohibits any type of business that is not in compliance with federal and state law,” he said. That condition would ban marijuana dispensaries which remain in violation of federal statutes despite the state regulations.
In Plymouth, city commissioners took the same action about two months ago, according to City Manager Paul Sincock.
“We adopted an ordinance which requires that all businesses must comply with all federal, state and local laws. That pretty much took care of it,” he said.
Werth said the legalization effort and subsequent state legislation overlooked an important aspect of the issue.
“They never considered the issue of where you’re going to get the drugs,” he said.
