The recent boom of the medical marijuana industry has taken cities nationwide by surprise, and while some are capitalizing on the unexpected industry, others are stepping back to evaluate the potential issues raised by the legalization of the drug.
Currently, Michigan is one of approximately 14 states to legalize the distribution and use of medical marijuana with the Michigan Medical Marihuana Act, passed in December 2008.
Since the passage of the act, more than 31,000 applications have been submitted to the The Michigan Medical Marihuana Program (MMMP), the state registry program administering the act.
In a recent meeting of the Manistique City Council, members addressed the possibility of conflict by authorizing a six-month moratorium on medical marijuana sales within city limits.
The possibility of a moratorium was first introduced by Manistique Zoning Administrator Greg Hase, who requested the city allot time for an updated ordinance to be put in place.
"It has come to my attention that with the new law that was passed by the state of Michigan on medical marijuana, the city of Manistique does not have a city ordinance or a zoning ordinance in place stating whether or not the city of Manistique will or will not allow such a business to be operated within the city limits," Hase wrote in a letter to City Manager Sheila Aldrich.
This request comes on the heels of recent efforts to make legislative additions to the act, as municipalities from across the state grapple with its nonspecific and sometimes absent language. In particular, cities are looking for language that will regulate where the drug can be grown and distributed - language that is currently nonexistent in the act.
Among the sections of the draft bill to amend the act is a section stating, "A local governmental unit may enact an ordinance regulating the cultivation, distribution, and use of medical marihuana under this Act."
The proposed bill also specifies any ordinance enacted can not be in conflict with or less stringent than the the rules of the act. To allow time for cities to legally create ordinances regarding medical marijuana, moratoriums are being used.
Current regulations already enforced by the act prevent the possession or other engagement of medical use of marijuana in a school bus, on the grounds of any preschool, primary or secondary school or in any correctional facility.
Manistique is not the only city to address the lack of clarity with a moratorium - Grand Rapids, Saginaw, Garden City, Livonia, Niles, Roseville, among others, have either enacted similar moratoriums or ordinances in the past months.
Other amendments to the act are already well on the way through the Michigan Legislature, including Senate Bill 618. This bill would amend the Public Health Code to "regulate marihuana as a Schedule 2, rather than Schedule 1, controlled substance, if it were dispensed for use under the Michigan Medical Marihuana Act," and "Prohibit medical marihuana from being grown, sold, distributed, possessed, used, transported, or delivered unless it were grown and sold through a licensed medical marihuana growing facility."
If passed, the 618 is expected to ease some of the zoning issues of municipalities by designating marihuana dispensaries and not allowing the private growth of the marijuana plant, which is currently allowed under the act.
A resolution to institute a moratorium on medical marijuana sales within the City of Manistique for six months or until the zoning ordinance is amended is currently being drafted by City Attorney John Filoramo.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Daily Press
Author: Ashley Hoholik
Copyright: 2010 Daily Press
Currently, Michigan is one of approximately 14 states to legalize the distribution and use of medical marijuana with the Michigan Medical Marihuana Act, passed in December 2008.
Since the passage of the act, more than 31,000 applications have been submitted to the The Michigan Medical Marihuana Program (MMMP), the state registry program administering the act.
In a recent meeting of the Manistique City Council, members addressed the possibility of conflict by authorizing a six-month moratorium on medical marijuana sales within city limits.
The possibility of a moratorium was first introduced by Manistique Zoning Administrator Greg Hase, who requested the city allot time for an updated ordinance to be put in place.
"It has come to my attention that with the new law that was passed by the state of Michigan on medical marijuana, the city of Manistique does not have a city ordinance or a zoning ordinance in place stating whether or not the city of Manistique will or will not allow such a business to be operated within the city limits," Hase wrote in a letter to City Manager Sheila Aldrich.
This request comes on the heels of recent efforts to make legislative additions to the act, as municipalities from across the state grapple with its nonspecific and sometimes absent language. In particular, cities are looking for language that will regulate where the drug can be grown and distributed - language that is currently nonexistent in the act.
Among the sections of the draft bill to amend the act is a section stating, "A local governmental unit may enact an ordinance regulating the cultivation, distribution, and use of medical marihuana under this Act."
The proposed bill also specifies any ordinance enacted can not be in conflict with or less stringent than the the rules of the act. To allow time for cities to legally create ordinances regarding medical marijuana, moratoriums are being used.
Current regulations already enforced by the act prevent the possession or other engagement of medical use of marijuana in a school bus, on the grounds of any preschool, primary or secondary school or in any correctional facility.
Manistique is not the only city to address the lack of clarity with a moratorium - Grand Rapids, Saginaw, Garden City, Livonia, Niles, Roseville, among others, have either enacted similar moratoriums or ordinances in the past months.
Other amendments to the act are already well on the way through the Michigan Legislature, including Senate Bill 618. This bill would amend the Public Health Code to "regulate marihuana as a Schedule 2, rather than Schedule 1, controlled substance, if it were dispensed for use under the Michigan Medical Marihuana Act," and "Prohibit medical marihuana from being grown, sold, distributed, possessed, used, transported, or delivered unless it were grown and sold through a licensed medical marihuana growing facility."
If passed, the 618 is expected to ease some of the zoning issues of municipalities by designating marihuana dispensaries and not allowing the private growth of the marijuana plant, which is currently allowed under the act.
A resolution to institute a moratorium on medical marijuana sales within the City of Manistique for six months or until the zoning ordinance is amended is currently being drafted by City Attorney John Filoramo.
NewsHawk: Ganjarden: 420 MAGAZINE
Source: Daily Press
Author: Ashley Hoholik
Copyright: 2010 Daily Press
