Robert Celt
New Member
The public will have a chance to weigh in May 10 on whether Portage should have a six-month medical marijuana moratorium and if two dispensaries can operate in the city.
If approved at the May 10 public hearing with the Portage City Council, the moratorium will include a review of its 2011 medical marijuana ordinance that restricts a patient-caregiver exchange to a home occupation rather than a separate business.
It will also halt any new medical-marijuana businesses, examine what other cities are doing, hear arguments for changes and look at what the Michigan Medical Marijuana Act will allow. In particular, the study would look at what might be done about dispensing medical marijuana through a commercial business, which the state act does address.
At Tuesday's council meeting, members discussed setting the May 10 hearing and considered whether to have a stay of enforcement that would allow two medical-marijuana provision centers to operate on Portage Road and Sprinkle Road.
The two businesses at 8314 Portage Road and 5092 Sprinkle Road have been stopped by the city because they do not meet the home occupation ordinance. Both were denied variances by the Portage Zoning Board of Appeals.
The owner-operators of the dispensaries have argued that the city's home occupation ordinance is outdated, is contrary to the state law and court rulings, unfairly restricts the access to medical marijuana patients need and is unsafe and impractical.
Councilwoman Patricia Randall proposed Tuesday to allow the two dispensaries to operate during the moratorium, but the request was tabled after it became clear there would be a deadlock 3-3 vote. Mayor Pete Strazdas excused himself from any involvement of the discussion or from voting because he said he has a relative who is an employee of one of the businesses.
Randall's motion was to direct the city manager to refrain from issuing any citations for dispensing medical marijuana during the moratorium for any business in operation as of Tuesday.
She said there appears to be acceptance of properly run medical marijuana dispensaries, the state has been slow in addressing the issue, the city intends to fully get involved in studying the issue and not allowing a provider hurts patients who need medical marijuana.
"This cannot go on indefinitely," Randall said. "To keep kicking this down the road I think is a hardship."
But council members Terry Urban and Claudette Reid, and one resident, Mindy Tai, said it was wrong to allow the dispensaries to operate when they were set up knowing they violated city ordinance.
"I'm not sympathetic to people who choose to break the law, make us enforce the law and then try to shut them down after the fact," Urban said.
Tai said she has nothing against the medical marijuana law but "I have a problem with people who break the law. It appears the two shop owners disregarded city ordinances."
While Reid and Urban opposed the stay of enforcement, Randall and council members Richard Ford and Jim Pearson indicated support.
That left Mayor Pro-tem Nasim Ansari as the deciding vote. Ansari said he wants to wait until the May 10 meeting to hear the public before deciding which direction to go.
But Pearson said that it's unlikely that votes will change at that meeting and that the council should decide now rather than later. The ZBA, which denied the variance requests of the two businesses, also indicated it needed council guidance on dealing with medical marijuana dispensaries.
"We are in a big fight and no one knows what to do," Pearson said. "They (the provision centers) have not exhausted the legal right of appeal to circuit court. The zoning board of appeals says they need guidance. Passing this motion just says let's stop here."
City Manager Larry Shaffer said the issue puts him in "uncomfortable territory." He is bound by his office to enforce the law yet knows there is some sentiment on the council not to come down on the two dispensaries.
"So in terms of what action I might do...it's not clear what action I might take in the next two weeks," Shaffer said. "I'm looking for some guidance and direction from the council."
That guidance, council members said, should more clearly come at the May 10 meeting.
Travis Copenhaver, an attorney representing one of the businesses, said he supports the tabling and that his client has 30 days to appeal the zoning board's denial in circuit court. He also said he supports the council's discussion of the complicated topic and of considering the stay of enforcement that would help his client.
"I applaud the city considering changes to the ordinance," he said. "It's the best way to handle that."
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: MI: Portage Sets May 10 Hearing On Medical Marijuana Issue
Author: Tom Haroldson
Contact: MLive
Photo Credit: None found
Website: MLive
If approved at the May 10 public hearing with the Portage City Council, the moratorium will include a review of its 2011 medical marijuana ordinance that restricts a patient-caregiver exchange to a home occupation rather than a separate business.
It will also halt any new medical-marijuana businesses, examine what other cities are doing, hear arguments for changes and look at what the Michigan Medical Marijuana Act will allow. In particular, the study would look at what might be done about dispensing medical marijuana through a commercial business, which the state act does address.
At Tuesday's council meeting, members discussed setting the May 10 hearing and considered whether to have a stay of enforcement that would allow two medical-marijuana provision centers to operate on Portage Road and Sprinkle Road.
The two businesses at 8314 Portage Road and 5092 Sprinkle Road have been stopped by the city because they do not meet the home occupation ordinance. Both were denied variances by the Portage Zoning Board of Appeals.
The owner-operators of the dispensaries have argued that the city's home occupation ordinance is outdated, is contrary to the state law and court rulings, unfairly restricts the access to medical marijuana patients need and is unsafe and impractical.
Councilwoman Patricia Randall proposed Tuesday to allow the two dispensaries to operate during the moratorium, but the request was tabled after it became clear there would be a deadlock 3-3 vote. Mayor Pete Strazdas excused himself from any involvement of the discussion or from voting because he said he has a relative who is an employee of one of the businesses.
Randall's motion was to direct the city manager to refrain from issuing any citations for dispensing medical marijuana during the moratorium for any business in operation as of Tuesday.
She said there appears to be acceptance of properly run medical marijuana dispensaries, the state has been slow in addressing the issue, the city intends to fully get involved in studying the issue and not allowing a provider hurts patients who need medical marijuana.
"This cannot go on indefinitely," Randall said. "To keep kicking this down the road I think is a hardship."
But council members Terry Urban and Claudette Reid, and one resident, Mindy Tai, said it was wrong to allow the dispensaries to operate when they were set up knowing they violated city ordinance.
"I'm not sympathetic to people who choose to break the law, make us enforce the law and then try to shut them down after the fact," Urban said.
Tai said she has nothing against the medical marijuana law but "I have a problem with people who break the law. It appears the two shop owners disregarded city ordinances."
While Reid and Urban opposed the stay of enforcement, Randall and council members Richard Ford and Jim Pearson indicated support.
That left Mayor Pro-tem Nasim Ansari as the deciding vote. Ansari said he wants to wait until the May 10 meeting to hear the public before deciding which direction to go.
But Pearson said that it's unlikely that votes will change at that meeting and that the council should decide now rather than later. The ZBA, which denied the variance requests of the two businesses, also indicated it needed council guidance on dealing with medical marijuana dispensaries.
"We are in a big fight and no one knows what to do," Pearson said. "They (the provision centers) have not exhausted the legal right of appeal to circuit court. The zoning board of appeals says they need guidance. Passing this motion just says let's stop here."
City Manager Larry Shaffer said the issue puts him in "uncomfortable territory." He is bound by his office to enforce the law yet knows there is some sentiment on the council not to come down on the two dispensaries.
"So in terms of what action I might do...it's not clear what action I might take in the next two weeks," Shaffer said. "I'm looking for some guidance and direction from the council."
That guidance, council members said, should more clearly come at the May 10 meeting.
Travis Copenhaver, an attorney representing one of the businesses, said he supports the tabling and that his client has 30 days to appeal the zoning board's denial in circuit court. He also said he supports the council's discussion of the complicated topic and of considering the stay of enforcement that would help his client.
"I applaud the city considering changes to the ordinance," he said. "It's the best way to handle that."
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: MI: Portage Sets May 10 Hearing On Medical Marijuana Issue
Author: Tom Haroldson
Contact: MLive
Photo Credit: None found
Website: MLive
