Texas Township Moves Toward 6-month Moratorium on Medical Marijuana Operations

Jacob Bell

New Member
Texas Township could enact a six-month moratorium on new or expanding medical marijuana businesses by the end of April.

Certified patients who grow marijuana in their homes for their own use would not be affected by the moratorium. Caregivers who grow marijuana for others would be prevented from establishing a growing or distribution operation for six months.

Township Supervisor Dave Healy said if a licensed caregiver wanted to grow marijuana for others in his or her home, that would be considered a home occupation under the township’s current zoning ordinances. A home occupation requires a special exception permit, which must be approved by the Planning Commission.

Currently, no caregivers have applied for special exception permits to grow medical marijuana in Texas Township, Healy said.

The bigger challenge not currently addressed in the township’s ordinances, Healy said, is caregivers who want to share commercial space and cultivate marijuana together. The moratorium will give the township time to decide how to regulate and control such uses.

Township Attorney Roxanne Seeber said the state law that legalizes marijuana use for approved medical reasons, approved by voters in 2008, allows certified patients to grow up to 12 plants for their own use. Caregivers can supply up to five patients, growing up to 12 plants per patient they supply.

”Those are more commercial-type growing operations, where you have patients coming and going,” Seeber told the board. “Where you can really get challenges is when multiple caregivers get together in a condo-style set-up. If you have 10 caregivers, you could have 600 plants in that building.

”Really, what you need to think about is land use,” she said. “Where are you going to permit caregivers, and can you put a limit on the number?”

The board directed Seeber to draw up an ordinance imposing a six-month moratorium on medical marijuana businesses for it to consider.


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Source: mlive.com
Author: Fran Wilcox
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Website: Texas Township moves toward 6-month moratorium on medical marijuana operations
 
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