Jacob Bell
New Member
BURTON, Michigan -- Council members approved a six-month moratoirum tonight on new permits for medical marijuana dispensaries, but the city will allow the four in business to remain open.
The suggestion for a moratorium from City Attorney Rick Austin came after discussing a recent state Court of Appeals case in Isabella County that ruled patient-to-patients sales of marijuana to be illegal with Genesee County Prosecutor David Leyton and Burton police Chief John Benthall.
Austin issued a letter to deputy planning official Amber Frost last week calling for permits to not be allowed until he spoke with Leyon and Benthall about the Mt. Pleasant case.
"I did not want the city to issue any permits and have someone go into business and then have law enforcement come in and close them down based on this ruling and potentially hold the city liable for their expenses," said Austin.
Austin explained the Court of Appeals ruling deemed the dispensary in question to be a nuisance under the state's public health code and must be dealt with by the county's prosecutor's office and not himself.
Leyton has said he will allow dispensaries to operate unless they are deemed a public nuisance by local governments.
Austin said the Isabella County case has been appealed to the state's Supreme Court, and further legislation is likely to come in the matter.
"Suffice it to say, this is a moving target," he said.
Council Vice President Duane Haskins and Councilman Danny Wells voted against the moratorium.
Haskins said the original ordinance allowing dispensaries "was to protect our city and regulate them on what they can do."
"Are we opening up that liablity on the other end?" said Haskins of not allowing new dispensaries.
"Nobody can say we're anti-marijuana or anti-distribution facilities," said Austin. "It is not our intention to affect their operations at the current time."
Austin commented while other governments have "issued moratorium after moratorium after moratorium, I think we're in a bit better shape than those locations."
Councilman Danny Wells said if new dispensaries can't open, "We should close them all until something happens in the courts or the state level."
Council President Steve Heffner disagreed, stating the dispensaries already have done their due diligence and not created any problems in the city.
"The other four (dispensaries) have already invested their funds, their capitol in the businesses," he said. "If the state comes in and closes them down, it's beyond our control."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: mlive.com
Author: Roberto Acosta
Contact: Contact Us
Copyright: Michigan Live LLC.
Website: Burton council members approve six-month moratorium on medical marijuana dispensary permits
The suggestion for a moratorium from City Attorney Rick Austin came after discussing a recent state Court of Appeals case in Isabella County that ruled patient-to-patients sales of marijuana to be illegal with Genesee County Prosecutor David Leyton and Burton police Chief John Benthall.
Austin issued a letter to deputy planning official Amber Frost last week calling for permits to not be allowed until he spoke with Leyon and Benthall about the Mt. Pleasant case.
"I did not want the city to issue any permits and have someone go into business and then have law enforcement come in and close them down based on this ruling and potentially hold the city liable for their expenses," said Austin.
Austin explained the Court of Appeals ruling deemed the dispensary in question to be a nuisance under the state's public health code and must be dealt with by the county's prosecutor's office and not himself.
Leyton has said he will allow dispensaries to operate unless they are deemed a public nuisance by local governments.
Austin said the Isabella County case has been appealed to the state's Supreme Court, and further legislation is likely to come in the matter.
"Suffice it to say, this is a moving target," he said.
Council Vice President Duane Haskins and Councilman Danny Wells voted against the moratorium.
Haskins said the original ordinance allowing dispensaries "was to protect our city and regulate them on what they can do."
"Are we opening up that liablity on the other end?" said Haskins of not allowing new dispensaries.
"Nobody can say we're anti-marijuana or anti-distribution facilities," said Austin. "It is not our intention to affect their operations at the current time."
Austin commented while other governments have "issued moratorium after moratorium after moratorium, I think we're in a bit better shape than those locations."
Councilman Danny Wells said if new dispensaries can't open, "We should close them all until something happens in the courts or the state level."
Council President Steve Heffner disagreed, stating the dispensaries already have done their due diligence and not created any problems in the city.
"The other four (dispensaries) have already invested their funds, their capitol in the businesses," he said. "If the state comes in and closes them down, it's beyond our control."
News Hawk- Jacob Ebel 420 MAGAZINE
Source: mlive.com
Author: Roberto Acosta
Contact: Contact Us
Copyright: Michigan Live LLC.
Website: Burton council members approve six-month moratorium on medical marijuana dispensary permits
