Katelyn Baker
Well-Known Member
Lansing - Zoning restrictions and steep fees could cut down on the number of medical marijuana establishments in the city if City Council passes a new ordinance that's now in its fourth draft and has drawn passionate debate among elected officials and residents.
The newest draft of a medical marijuana ordinance was reviewed Friday at City Hall in Council's Committee on Public Safety meeting that was attended by about 40 people. If passed, it would require licenses for owners of "establishments," defined by the city as any provisioning center, growing facility, processor facility or safety compliance facility.
City Attorney Jim Smiertka believes the proposed 27-page ordinance gives Lansing double coverage if state medical marijuana laws remain status quo or eventually change. Smiertka said cities are suffering trying to figure out how to operate under Michigan's Medical Marihuana Act of 2008.
"I think it's the best we can do right now," Smiertka said of the latest draft.
The proposed ordinance prohibits establishments from being located within 1,000 feet of schools and child care facilities.
If passed, a five-member commission appointed by Mayor Virg Bernero with council members' consent would review license applications for establishments submitted to the City Clerk's Office. Each application under the proposed ordinance would require a $5,000 fee. If an application is denied, the applicant would get $2,500 returned. If a licenses is issued, the first annual fee wold be $10,000. To renew a license, an additional $10,000 fee would be required. Those who have their license renewals rejected would receive $5,000 of the fee back.
The city currently doesn't assess fees.
Smiertka said the fees cover administrative costs the city would incur enforcing the ordinance, including code compliance and police enforcement.
"These aren't just arbitrary numbers," Smiertka said.
The commission would include two members from "the general population of the city," a member from a residential and neighborhood organization, Planning and Development Director Bob Johnson or a designee and a representative from an existing medical marijuana patient advocacy organization. Representatives from the police and fire departments would also attended the meetings, but not have voting power.
For the proposed ordinance to pass, it would require at least five votes of support from the council, which has eight members. The next meeting for council's Committee on Public Safety to discuss the ordinance is 2 p.m. Friday on the 10th floor of City Hall. It will be open to the public.
At-Large Council Member Carol Wood, the committee's chair, said Friday she hopes the full council can vote and approve an ordinance by its Sept. 12 meeting. Wood also wants the committee to decide over the next few weeks if zoning regulations are needed to prevent establishments from opening within 1,000 feet of other establishments, parks, churches, community centers and substance abuse centers among them.
Several residents expressed concern at Friday's meeting about enforcement of an ordinance.
Eileen Roraback, an Old Everett Neighborhood resident, asked why there isn't a limit on establishments because she's troubled by the lack of protections in the proposed ordinance. It's unclear how many establishments are currently open, but some city officials including Wood have estimated there are up to 70.
Roraback also doubts that Bernero can appoint a five-member commission that receives full support from council members.
"I would have concerns about the politics of that," Roraback said. "The council and mayor seem in contention much of the time."
Ingham County Prosecutor Gretchen Whitmer attended the first 15 minutes of Friday's meeting with Lisa McCormick, the county's chief assistant prosecutor, and explained that her office does its best to determine if medical marijuana cases sent to them by police departments are worthy of prosecution.
McCormick said in the meeting she is unaware of any medical marijuana dispensary cases from the Lansing Police Department that have been sent to the Prosecutor's Office since 2011.
Whitmer said her office has received "a couple" of medical marijuana-related cases from the Leslie Police Department that it is reviewing.
Lansing's police department currently faces a staffing challenge because it's down 22 officers, Wood said.
Police Chief Michael Yankowski is expected to give the department's annual report to council's Committee on Public Safety on Aug. 5, and Wood said it could include details about how officers enforce the city's current marijuana policy. Voters passed in 2013 a City Charter amendment that mandates nothing in the city's Code of Ordinances applies to the use, possession or transfer of less than once ounce of marijuana on private property by a person who is at least 21.
The city has a moratorium on the opening of new provisioning centers, but doesn't require any of them or related establishments to have a license. The moratorium went into effect May 12.
Michigan's Medical Marihuana Act of 2008 allows use of marijuana for medical reasons by persons who have been authorized by a physician to hold a state-issued medical marijuana card. It also allows patients and caregivers to cultivate marijuana plants
But the original law did not mention provisioning centers or other establishments that are now left to operate at their own peril.The city's proposed ordinance refers to marijuana as "marihuana" because it's the term used in the state law. Whitmer said she voted in favor of the MMA, but is dismayed by the lack of "clear, logical framework" and rules to assure medical marijuana patients are treated fairly and communities are protected.
"Ideally, we would operate with one set of rules and standards that should govern across the state of Michigan," Whitmer said. "We have yet to see that, and that's part of the issue that vexes communities like ours."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Proposed Lansing Marijuana Ordinance Includes Zoning Restrictions
Author: Eric Lacy
Contact: 1-517-377-1000
Photo Credit: None Found
Website: Lansing State Journal
The newest draft of a medical marijuana ordinance was reviewed Friday at City Hall in Council's Committee on Public Safety meeting that was attended by about 40 people. If passed, it would require licenses for owners of "establishments," defined by the city as any provisioning center, growing facility, processor facility or safety compliance facility.
City Attorney Jim Smiertka believes the proposed 27-page ordinance gives Lansing double coverage if state medical marijuana laws remain status quo or eventually change. Smiertka said cities are suffering trying to figure out how to operate under Michigan's Medical Marihuana Act of 2008.
"I think it's the best we can do right now," Smiertka said of the latest draft.
The proposed ordinance prohibits establishments from being located within 1,000 feet of schools and child care facilities.
If passed, a five-member commission appointed by Mayor Virg Bernero with council members' consent would review license applications for establishments submitted to the City Clerk's Office. Each application under the proposed ordinance would require a $5,000 fee. If an application is denied, the applicant would get $2,500 returned. If a licenses is issued, the first annual fee wold be $10,000. To renew a license, an additional $10,000 fee would be required. Those who have their license renewals rejected would receive $5,000 of the fee back.
The city currently doesn't assess fees.
Smiertka said the fees cover administrative costs the city would incur enforcing the ordinance, including code compliance and police enforcement.
"These aren't just arbitrary numbers," Smiertka said.
The commission would include two members from "the general population of the city," a member from a residential and neighborhood organization, Planning and Development Director Bob Johnson or a designee and a representative from an existing medical marijuana patient advocacy organization. Representatives from the police and fire departments would also attended the meetings, but not have voting power.
For the proposed ordinance to pass, it would require at least five votes of support from the council, which has eight members. The next meeting for council's Committee on Public Safety to discuss the ordinance is 2 p.m. Friday on the 10th floor of City Hall. It will be open to the public.
At-Large Council Member Carol Wood, the committee's chair, said Friday she hopes the full council can vote and approve an ordinance by its Sept. 12 meeting. Wood also wants the committee to decide over the next few weeks if zoning regulations are needed to prevent establishments from opening within 1,000 feet of other establishments, parks, churches, community centers and substance abuse centers among them.
Several residents expressed concern at Friday's meeting about enforcement of an ordinance.
Eileen Roraback, an Old Everett Neighborhood resident, asked why there isn't a limit on establishments because she's troubled by the lack of protections in the proposed ordinance. It's unclear how many establishments are currently open, but some city officials including Wood have estimated there are up to 70.
Roraback also doubts that Bernero can appoint a five-member commission that receives full support from council members.
"I would have concerns about the politics of that," Roraback said. "The council and mayor seem in contention much of the time."
Ingham County Prosecutor Gretchen Whitmer attended the first 15 minutes of Friday's meeting with Lisa McCormick, the county's chief assistant prosecutor, and explained that her office does its best to determine if medical marijuana cases sent to them by police departments are worthy of prosecution.
McCormick said in the meeting she is unaware of any medical marijuana dispensary cases from the Lansing Police Department that have been sent to the Prosecutor's Office since 2011.
Whitmer said her office has received "a couple" of medical marijuana-related cases from the Leslie Police Department that it is reviewing.
Lansing's police department currently faces a staffing challenge because it's down 22 officers, Wood said.
Police Chief Michael Yankowski is expected to give the department's annual report to council's Committee on Public Safety on Aug. 5, and Wood said it could include details about how officers enforce the city's current marijuana policy. Voters passed in 2013 a City Charter amendment that mandates nothing in the city's Code of Ordinances applies to the use, possession or transfer of less than once ounce of marijuana on private property by a person who is at least 21.
The city has a moratorium on the opening of new provisioning centers, but doesn't require any of them or related establishments to have a license. The moratorium went into effect May 12.
Michigan's Medical Marihuana Act of 2008 allows use of marijuana for medical reasons by persons who have been authorized by a physician to hold a state-issued medical marijuana card. It also allows patients and caregivers to cultivate marijuana plants
But the original law did not mention provisioning centers or other establishments that are now left to operate at their own peril.The city's proposed ordinance refers to marijuana as "marihuana" because it's the term used in the state law. Whitmer said she voted in favor of the MMA, but is dismayed by the lack of "clear, logical framework" and rules to assure medical marijuana patients are treated fairly and communities are protected.
"Ideally, we would operate with one set of rules and standards that should govern across the state of Michigan," Whitmer said. "We have yet to see that, and that's part of the issue that vexes communities like ours."
News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Proposed Lansing Marijuana Ordinance Includes Zoning Restrictions
Author: Eric Lacy
Contact: 1-517-377-1000
Photo Credit: None Found
Website: Lansing State Journal
