Katelyn Baker
Well-Known Member
The St. Clair City Council recently adopted an ordinance that city attorney Jim Downey called "unnecessary."
The council voted unanimously at its regular meeting on Dec 19 to prohibit any of the four medical marijuana facilities allowable under the three state of Michigan public acts – P.A. 281, 282 and 283 – known together as the Medical Marihuana Facilities Licensing Act.
But without the ordinance, Downey said, "you would be inviting people to come and promote their particular angle."
The four facilities addressed in the acts are a marijuana growing operation, a processing plant, a provisioning center and a safety compliance facility.
"Any or all of those are allowable under the new state law," said Downey.
"State laws right now say people can do this?" asked Mayor Bill Cedar.
"Yes," said Downey. "But a city or a township has to adopt an ordinance consistent with the law. You have to opt-in in order to participate."
"So are we adopting a law that goes against state law?" asked Cedar.
"We are not," said Downey. "We are simply saying that we are declining to participate."
"And that's part of the state law, that you can decline to participate?" asked Cedar.
"Yes," said Downey. "And you decline to participate by failing to enact the ordinance. If we don't adopt the resolution, it's a tacit denial of the rights the city council has to allow these. But I think that absent a specific resolution there's going to be a bombardment of people from around the state looking for an opportunity in the city and they'll believe the absence of a state position is the city council still pondering whether to adopt a resolution and we'd like to hear your presentation – please come to the city council. If this resolution is adopted, it's a clear statement that we considered it and are not interested in it at this time."
"Thank you," said Cedar.
"So if we do nothing, we get them," said Mayor Pro Tem Mike LaPorte. "If we pass the resolution, we can stop them."
"No," said Downey. "If you don't adopt the resolution, they cannot come to town. The resolution, in my view, is overkill in a way because you don't need to do anything to prevent them. But absent a state policy, you're inviting people to come in. They'll believe they can convince city council otherwise."
Council member Tom McCartney made the motion to adopt the resolution, supported by Butch Kindsvater. The motion passed 7-0.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Medical Marijuana Facilities Prohibited In St. Clair
Author: Jim Bloch
Contact: 1-586-716-8100
Photo Credit: Jim Bloch
Website: The Voice
The council voted unanimously at its regular meeting on Dec 19 to prohibit any of the four medical marijuana facilities allowable under the three state of Michigan public acts – P.A. 281, 282 and 283 – known together as the Medical Marihuana Facilities Licensing Act.
But without the ordinance, Downey said, "you would be inviting people to come and promote their particular angle."
The four facilities addressed in the acts are a marijuana growing operation, a processing plant, a provisioning center and a safety compliance facility.
"Any or all of those are allowable under the new state law," said Downey.
"State laws right now say people can do this?" asked Mayor Bill Cedar.
"Yes," said Downey. "But a city or a township has to adopt an ordinance consistent with the law. You have to opt-in in order to participate."
"So are we adopting a law that goes against state law?" asked Cedar.
"We are not," said Downey. "We are simply saying that we are declining to participate."
"And that's part of the state law, that you can decline to participate?" asked Cedar.
"Yes," said Downey. "And you decline to participate by failing to enact the ordinance. If we don't adopt the resolution, it's a tacit denial of the rights the city council has to allow these. But I think that absent a specific resolution there's going to be a bombardment of people from around the state looking for an opportunity in the city and they'll believe the absence of a state position is the city council still pondering whether to adopt a resolution and we'd like to hear your presentation – please come to the city council. If this resolution is adopted, it's a clear statement that we considered it and are not interested in it at this time."
"Thank you," said Cedar.
"So if we do nothing, we get them," said Mayor Pro Tem Mike LaPorte. "If we pass the resolution, we can stop them."
"No," said Downey. "If you don't adopt the resolution, they cannot come to town. The resolution, in my view, is overkill in a way because you don't need to do anything to prevent them. But absent a state policy, you're inviting people to come in. They'll believe they can convince city council otherwise."
Council member Tom McCartney made the motion to adopt the resolution, supported by Butch Kindsvater. The motion passed 7-0.
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Medical Marijuana Facilities Prohibited In St. Clair
Author: Jim Bloch
Contact: 1-586-716-8100
Photo Credit: Jim Bloch
Website: The Voice