East Lansing Closer To Medical Marijuana Ordinance

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EAST LANSING - The city's medical marijuana moratorium may expire Feb. 16 - then again, it may not.

At their Jan. 25 work session, council members set a public hearing for their meeting of Tuesday, Feb. 15.

The hearing will consider Ordinance 1245C, which establishes regulations governing commercial medical marijuana operations.

The ordinance could be approved at that meeting, or the council could vote to extend the moratorium.

Under the terms of the revised ordinance, such operations would be allowed as a special land use in B-4 zoning, which zoning and planning administrator Darcy Schmitt said is in existing professional office areas.
No limit to number

There would be no limit to the number of registered caregivers who could open a business, but such a dispensary would have to abide by all relevant rules and regulations.

Those include being 1,000 feet from any schools or registered day care facilities and a separation of 500 feet from any other dispensary. Individual caregivers would be permitted to grow marihuana in their homes, but cannot have patients come to them.

Having dispensaries in B-4 zoning would allow patients to visit an office without the visibility of a storefront location, an idea which has found favor with some. "It's more private for the patient and the caregiver," Schmitt said.

Hours of operations may be imposed as part of the special use permit, and a surveillance camera could be a security measure when no one is in the building.

The owner of the property would have to request the special use permit, but the caregiver would not have to identify themselves to council. There would be no limit placed on the number of caregivers in a dispensary.

"All we can regulate is the commercial aspects," council member Kevin Beard said.

The language in the Michigan Medical Marihuana Act has created uncertainty in many communities statewide, and East Lansing is no exception.

Assistant city attorney Tom Yeadon said legal action is always a possibility. Could it be challenged? Yes, because the act is so vague as to what it will allow and won't allow," Yeadon said, adding he was confident in the city's ability to meet any legal challenges.


News Hawk: MedicalNeed 420 MAGAZINE
Source: lansingstatejournal.com
Author: DAWN PARKER
Contact: lansingstatejournal.com
Copyright: 2009 lansingstatejournal.com
Website:East Lansing closer to medical marijuana ordinance
 
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