Jacob Bell
New Member
The Charlevoix City Council on Monday again extended its moratorium on producing medical marijuana within the city.
The council took the action at the request of city planner Mike Spencer who said the revisions to the city's zoning ordinance that will ultimately regulate where marijuana production will be allowed in the city are not yet complete. The council unanimously approved the additional six-month extension.
The council approved a similar moratorium extension measure in April, which was set to expire on Oct. 3.
Charlevoix city legal counsel Jim Young told the council he was comfortable with the additional extension, but cautioned council members against pursuing another one at the end of the next six months noting that each time a municipality approves a moratorium extension, it is increasing the chances that someone might challenge it in court. Young said he believes that city is still on firm legal footing because it is actively moving toward implementing its means of regulating it through the zoning ordinance.
Spencer told the council that the city would likely not need the whole six months and could have the zoning ordinance amendment in place as early as November.
In late August the Charlevoix City Council, the Charlevoix Township Board of Trustees and the two municipalities' respective planning commissions met in a combined session to discuss how to best address regulating medical marijuana production.
At the meeting, leaders from both the township and the city agreed to pursue a "diffused" model -- meaning rather than allow the production to take place only in commercial or industrial zones in a storefront setting, the use would be permitted only in residential areas and would be required to take place discretely. Leaders followed the advice of city legal counsel Bryan Graham who opined that the Michigan Medical Marijuana Act approved by voters in 2008 does not really allow for storefront operations, but rather allows for caregivers who are allowed to grow and prepare marijuana for use by qualifying patients who can't or don't want to produce their own.
A few days later, the Michigan Court of Appeals issued an opinion consistent with Graham's advice that the act's caregiver provisions does not permit the sale of marijuana.
Spencer said the city planning commission is expected to hear a first reading of the proposed zoning ordinance amendment at its next meeting, slated for 7 p.m., Wednesday, Sept. 28. The planning commission will likely schedule a public hearing on the ordinance amendment and, if approved following the public hearing, the matter would pass to the city council for its consideration for final approval.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: petoskeynews.com
Author: Steve Zucker
Contact: Contact Us
Copyright: Northern Michigan Review
Website: Charlevoix medical marijuana ban extended
The council took the action at the request of city planner Mike Spencer who said the revisions to the city's zoning ordinance that will ultimately regulate where marijuana production will be allowed in the city are not yet complete. The council unanimously approved the additional six-month extension.
The council approved a similar moratorium extension measure in April, which was set to expire on Oct. 3.
Charlevoix city legal counsel Jim Young told the council he was comfortable with the additional extension, but cautioned council members against pursuing another one at the end of the next six months noting that each time a municipality approves a moratorium extension, it is increasing the chances that someone might challenge it in court. Young said he believes that city is still on firm legal footing because it is actively moving toward implementing its means of regulating it through the zoning ordinance.
Spencer told the council that the city would likely not need the whole six months and could have the zoning ordinance amendment in place as early as November.
In late August the Charlevoix City Council, the Charlevoix Township Board of Trustees and the two municipalities' respective planning commissions met in a combined session to discuss how to best address regulating medical marijuana production.
At the meeting, leaders from both the township and the city agreed to pursue a "diffused" model -- meaning rather than allow the production to take place only in commercial or industrial zones in a storefront setting, the use would be permitted only in residential areas and would be required to take place discretely. Leaders followed the advice of city legal counsel Bryan Graham who opined that the Michigan Medical Marijuana Act approved by voters in 2008 does not really allow for storefront operations, but rather allows for caregivers who are allowed to grow and prepare marijuana for use by qualifying patients who can't or don't want to produce their own.
A few days later, the Michigan Court of Appeals issued an opinion consistent with Graham's advice that the act's caregiver provisions does not permit the sale of marijuana.
Spencer said the city planning commission is expected to hear a first reading of the proposed zoning ordinance amendment at its next meeting, slated for 7 p.m., Wednesday, Sept. 28. The planning commission will likely schedule a public hearing on the ordinance amendment and, if approved following the public hearing, the matter would pass to the city council for its consideration for final approval.
News Hawk- Jacob Ebel 420 MAGAZINE
Source: petoskeynews.com
Author: Steve Zucker
Contact: Contact Us
Copyright: Northern Michigan Review
Website: Charlevoix medical marijuana ban extended
