MI: Kalamazoo Postpones Consideration Of Medical Marijuana Ordinances

Ron Strider

Well-Known Member
Kalamazoo will postpone a decision on how it plans to react to new state laws governing medical marijuana facilities.

Monday, City Attorney Clyde Robinson relayed news to the City Commission that the state's process for licensing medical marijuana facilities will not be ready by Dec. 15. That had been the date that the state Department of Licensing and Regulatory Affairs would begin accepting applications for five types of medical marijuana businesses, and city officials had planned to make its stance on the issue known in October.

Instead, the City Commission agreed to hold off on passing zoning ordinance amendments until the state's rules are clear.

On Sept. 12, LARA announced that any dispensary that wants to apply for medical marijuana facility licenses should shut down by Dec. 15. Existing medical marijuana dispensaries that remain open could jeopardize their chance for a license.

Robinson said that LARA plans to enact emergency rules before December. Licenses likely won't be issued until the first quarter of 2018.

This uncertainty from the state means any zoning ordinances addressing medical marijuana facilities might need to be amended once the final licensing program is in place, Robinson said Monday.

Robinson said the state was "dragging its feet" since Gov. Rick Snyder signed the Medical Marihuana Facilities Licensing Act in September 2016. The Bureau of Medical Marijuana Regulation, formed under LARA, met for the first time in July, and has two meetings scheduled by the end of 2017.

"My goal was to have ordinances before (the commission) to consider them during two meetings in October, so people will know what Kalamazoo will do well in advance," he said.

The city held several public forums on proposed changes to its zoning ordinance and code of ordinances. Patients, caregivers and stakeholders have been involved in the process for several months.

A draft of the ordinances went before the Planning Commission and was likely be presented to the City Commission for a public hearing and vote by the end of October.

A municipality has to adopt an ordinance authorizing one or more medical marijuana facilities to open. Local governments can adopt ordinances imposing regulations on the businesses, but can't regulate the purity or pricing of marijuana or conflict with state law.

The law protects people who have obtained a license from the state from criminal penalties under state and local law. The law defines who can apply for a license and places restrictions on each type of facility.

The five types of facility licenses include:

-Provisioning Centers (also called dispensaries)

-Processors (who refine the product into concentrates and edibles)

-Growers (who cultivate the product)

-Safety compliance facilities (which test the product for potency and contamination)

-Secure transporters (who transport the product between facilities)

State operating licenses will be granted by the Bureau of Medical Marijuana Regulation. The board consists of five members appointed by the governor to four-year terms.

About 1.6 percent of Kalamazoo County residents have a patient medical marijuana card. As of Sept. 30, 2016, there were a total of 4,081 patient cards in the county, plus an additional 758 cards for caregivers.

There were 1,913 new cards issued in the 12 months before Sept. 30.

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Full Article: Kalamazoo postpones consideration of medical marijuana ordinances | MLive.com
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