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OfflinemotamanM
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Michigan cities try to block medicinal marijuana sales
    #11751909 - 01/02/10 09:31 AM (14 years, 2 months ago)

January 2, 2010

Michigan cities try to block medicinal marijuana sales

Some communities devise tough rules as state law leaves gray area on distribution

JENNIFER CHAMBERS
The Detroit News

Medical marijuana is legal in Michigan, but communities across the state are putting up barriers to block entrepreneurs from setting up shop in what critics say is a clear attempt to subvert the law.

Cities are taking vastly different approaches to regulating how medical pot is dispensed -- from bans in Livonia to months-long moratoriums on marijuana businesses in Grand Rapids and Saginaw, to an environment of open mindedness in Hazel Park, where city leaders see pot dispensaries as a potential revenue source.

The American Civil Liberties Union of Michigan says it is keeping an eye on the dizzying array of laws popping up across the state as local leaders from big cities to rural enclaves try to interpret Michigan's Medical Marijuana Act, which passed in 2008 by 63 percent and establishes the right of certified patients and caregivers to possess pot. Patients can legally use it.

One caveat all pot peddlers should know: The act does not address dispensaries -- places where marijuana can be obtained by certified patients or their caregivers -- leaving them vulnerable to interpretation by municipalities.

"A ban is the de-facto law regardless of what a city would pass. There is no protection for dispensaries," said Brandy Zink, executive director of the Michigan Medical Marijuana Association.

In October, President Barack Obama instructed the Justice Department to cease raids on medical dispensaries in 13 states where medical marijuana laws have been passed. Still, many Michigan communities have enacted restrictions on growers or those with hopes of starting a business in the emerging field.

From bans to 'pot zones'

In Livonia, the City Council amended an ordinance to say any business in violation of local, state or federal law is prohibited. The words "medical marijuana" are absent from the ordinance, yet Livonia Police Chief Bob Stevenson said from conversations he's had with federal drug officials, dispensing marijuana remains illegal under federal law.

Stevenson said the new ordinance, passed in July, prohibits marijuana dispensaries from obtaining a license to operate in the Wayne County suburb.

"We don't want to be in the position of sanctioning something that is in violation of federal law," Stevenson said. "These dispensaries are a business -- a million-dollars business ... because it's such a valuable crop. It's worth a lot."

Royal Oak, a progressive Oakland county suburb, was on the verge on creating a "pot zone" along Woodward Avenue where growers could open shop. But after the police chief got wind of Livonia's ordinance, the city is considering following Livonia's lead and banning dispensaries.

Michael Steinberg of the ACLU said his office stands ready to challenge any ordinance that conflicts with state law. Steinberg reviewed the Livonia ordinance and said it does not ban dispensaries, according to his interpretation.

"The state has occupied the field in regulating medical marijuana, and these municipalities simply can't regulate it," Steinberg said. "We have patients and caregivers who are following the law. And it's the city and municipalities who are flouting it."

Hazel Park, a blue-collar inner-ring suburb of Oakland County, is one community considering a different approach for medical marijuana as a business.

City Manager Ed Klobucher said the city has been approached by several groups who are interested in creating a business enterprise for medical marijuana in the city.

Proposal to be considered

Talks have just begun, and the City Council is expected to soon consider a business proposal for a medical marijuana facility that incorporates a clinic, school and marijuana pickup site where patients can smoke it in the industrial business district.

Medical marijuana cannot be sold to patients under the law, but caregivers who provide the plant in medicinal form are allowed to be compensated for their services.

City Councilman Andy LeCureaux said he has shown a few large-scale industrial buildings to business groups interested in setting up shop in the city.

"We have some industrial sites which would be ideal for a secure grow facility. The people who have approached us have business degrees. They all want it to be above-board legal with community support," he said.

LeCureaux said Hazel Park needs to amend its zoning laws to make a medical marijuana facility an allowable use outright or make it allowable with a variance.

"For our community I'm looking at this for economic development and stabilizing home values. Some patients, if they see a community which is friendly toward that plight, they may want to relocate to that community," said LeCureaux, who knows two people who have moved from Ohio to his city in hopes it will become marijuana friendly.

In Grand Rapids, city leaders have enacted a six-month moratorium on medical marijuana distribution until the city's planning commission can come up with rules for it.

City Planning Director Suzanne Schulz, who has proposed allowing dispensation only from medical facilities and homes, and banning stand-alone dispensaries, said the focus is on controlling the number of dispensaries so they don't proliferate as they did in Los Angeles.

In January, Los Angeles will consider an ordinance to reduce the number of dispensaries -- estimated at 1,000 -- and push them out of neighborhoods and into industrial areas.

"The challenge for me was balancing the police position with state law and the concerns of neighborhoods and zoning law decisions. The concern from the planning commission is we don't want neighborhoods to turn into distributions centers," Schulz said.

Schulz said Grand Rapids wants to create an ordinance that can be adopted by surrounding communities.

"For local communities, there is not an option of not doing anything. You need to pass a moratorium or come up with some language that discusses these dispensaries," she said. "You have to provide some protection to the community. If you have nothing on the books, they will say there is no rule for it."

jchambers@detnews.com">jchambers@detnews.com (734) 462-2289
Additional Facts
Mixed rulings

Here is a look at what some communities are doing in response to an increase in requests for medical marijuana business licenses:
Garden City: Enacted a zoning ordinance requiring medical marijuana businesses to locate in the commercial district and prohibiting them in the central business district.
Grand Rapids: Enacted a six-month moratorium on licensing of any medical marijuana business while the city considers a proposal requiring dispensaries to be located in medical facilities or homes but banning stand-alone dispensaries like those in Los Angeles.
Hazel Park: The city will hear a business proposal from a group in January that wants to open a clinic, school and facility for picking up and smoking medical marijuana in the city's industrial district.
Livonia: The city amended its zoning ordinance to prohibit the licensing of any business that is in violation of local, state or federal law. According to city officials, possession of marijuana violates federal law, and the ordinance prohibits licensing any medical marijuana dispensaries in the city.
Niles: The southwest Michigan city passed an ordinance in May banning the consumption of medical marijuana at a primary caregiver's location for cultivation or their legal residence. Another rule says the location from where a caregiver provides services to a qualifying patient cannot be within 1,000 feet of a drug free school zone.
Roseville: Passed a zoning ordinance which requires dispensaries to be in commercial, industry or office districts. The law eliminates residential use for a business and prohibits dispensaries from locating within 1,000 feet of a church, school, zoned residential district or other medical marijuana facility.
Royal Oak: Considering an outright ban on dispensaries as well as requiring them to locate along Woodward Avenue in the commercial district.
Saginaw: The city approved a six-month moratorium on Dec. 7 on medical marijuana business until the city enacts a land use ordinance related to medical marijuana facilities.


http://detnews.com/article/20100102/METRO/1020350


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InvisibleKandyKid
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Registered: 12/28/09
Posts: 181
Loc: Michigan
Re: Michigan cities try to block medicinal marijuana sales [Re: motaman]
    #11751942 - 01/02/10 09:41 AM (14 years, 2 months ago)

great info thanks I am a medical patient in Michigan its like civil war!


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I would rather burn out than rust away::...
email me for medical mj seed trade will trade for spores, seeds of most sorts, and even small crafts. stoner42001@aol.com

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OfflineOrganizedChaos
Stoned....
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Registered: 04/19/09
Posts: 1,952
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Re: Michigan cities try to block medicinal marijuana sales [Re: KandyKid]
    #11752118 - 01/02/10 10:20 AM (14 years, 2 months ago)

Quote:

KandyKid said:
great info thanks I am a medical patient in Michigan its like civil war!





This is bull shit.

Granted, I will be seeing a doctor for my card this month, so I'm not too concerned, nor the least bit interested in the business aspect.

Most of those people are tools.


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It is what it is, Let it be!

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InvisibleKandyKid
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Registered: 12/28/09
Posts: 181
Loc: Michigan
Re: Michigan cities try to block medicinal marijuana sales [Re: OrganizedChaos]
    #11752143 - 01/02/10 10:25 AM (14 years, 2 months ago)

Quote:

OrganizedChaos said:
Quote:

KandyKid said:
great info thanks I am a medical patient in Michigan its like civil war!





This is bull shit.

Granted, I will be seeing a doctor for my card this month, so I'm not too concerned, nor the least bit interested in the business aspect.

Most of those people are tools.




Edited    reason: misread post
                      Kindly KB


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I would rather burn out than rust away::...
email me for medical mj seed trade will trade for spores, seeds of most sorts, and even small crafts. stoner42001@aol.com

Edited by KandyKid (01/02/10 11:03 AM)

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Offlineesp0791
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Registered: 11/23/08
Posts: 318
Loc: Long Island
Last seen: 12 years, 5 months
Re: Michigan cities try to block medicinal marijuana sales [Re: KandyKid]
    #11752218 - 01/02/10 10:47 AM (14 years, 2 months ago)

Quote:

KandyKid said:
Quote:

OrganizedChaos said:
Quote:

KandyKid said:
great info thanks I am a medical patient in Michigan its like civil war!





This is bull shit.

Granted, I will be seeing a doctor for my card this month, so I'm not too concerned, nor the least bit interested in the business aspect.

Most of those people are tools.




I dont know what got you all fired up but I am no tool. I lived in Ohio and moved here to be legal since I was already cultivating for medical use... sounds like your the one that belongs in a box. I meant what I said I miss my family it is like civil war! dividing famillies within our country. Sad but true. I was not seeking an argument simply stating the facts of my own personal experiences!
                      Kindly KB







I think he meant the fact that it was civil war in Michigan is bullshit. And I don't think he eas calling you a tool. I could be wrong though...


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OfflineOrganizedChaos
Stoned....
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Registered: 04/19/09
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Re: Michigan cities try to block medicinal marijuana sales [Re: esp0791]
    #11752261 - 01/02/10 11:02 AM (14 years, 2 months ago)

I was talking about cities blocking usage/setups, not calling him a tool.


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It is what it is, Let it be!

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Invisiblebait_
AllSpice
I'm a teapot

Registered: 04/24/07
Posts: 2,292
Loc: This Cannot Be Happening Flag
Re: Michigan cities try to block medicinal marijuana sales [Re: OrganizedChaos]
    #11752439 - 01/02/10 11:46 AM (14 years, 2 months ago)

prop 1 won with the majority vote in every single county in michigan  yet the people in power still feel they need to do something about this 'problem'?

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OfflineOrganizedChaos
Stoned....
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Registered: 04/19/09
Posts: 1,952
Last seen: 11 years, 3 months
Re: Michigan cities try to block medicinal marijuana sales [Re: bait_]
    #11752453 - 01/02/10 11:50 AM (14 years, 2 months ago)

It is rather ridiculous. I'm just stoked, as I have an apt "pre-qualified" for MMJ. I do have a valid reason, but I don't feel as if anyone should have to in order to enjoy cannabis.

Shit, one day, hopefully soon, all this will be is water under the bridge.


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It is what it is, Let it be!

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Offlinejoshisstoned
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Registered: 05/24/09
Posts: 3,544
Loc: Ohio
Last seen: 9 years, 7 months
Re: Michigan cities try to block medicinal marijuana sales [Re: OrganizedChaos]
    #11752670 - 01/02/10 12:26 PM (14 years, 2 months ago)

Cool down fellas we're all on the same side here. I see that my one friend is frustrated with the slow state of affairs and resistance to MMJ. I think that he was calling all of the people who are still showing resistence to a LAW by circumventing it. The people have spoken now the other people need to play along (like we did in ohio when they banned smoking) it was banned and the smokers went with it. smoking ganja was legalized and now they just need to accept it.

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OfflineSerialDiscrepancy
Stranger


Registered: 12/22/09
Posts: 259
Last seen: 9 years, 11 months
Re: Michigan cities try to block medicinal marijuana sales [Re: joshisstoned]
    #11752724 - 01/02/10 12:36 PM (14 years, 2 months ago)

its to late for some people..private and government propaganda has a lot people brain washed in thinking marijuana is the demon seed and that its no better then crack or heroin..people in this country are still to close minded..the sheep would rather trust big pharma HAHAHhaha Like big money company's have your well being in mind


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Edited by SerialDiscrepancy (01/02/10 12:46 PM)

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InvisibleGlenners
Rhymenosaurus


Registered: 05/20/08
Posts: 1,933
Re: Michigan cities try to block medicinal marijuana sales [Re: SerialDiscrepancy]
    #11754138 - 01/02/10 04:22 PM (14 years, 2 months ago)

I think pretty much everyone has had alcohol. It's the big drug. Now if only those people could take one hit of weed and see that it's less intoxicating. If only.

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InvisibleShr00mZ
Space Invader


Registered: 04/15/08
Posts: 1,454
Re: Michigan cities try to block medicinal marijuana sales [Re: Glenners]
    #11755393 - 01/02/10 07:29 PM (14 years, 2 months ago)

Michigan law prevents dispenaries period. How r you going to run a shop with only 5 patients?

These cities councils are wasting their time. I also heard something about the law being changed. Making it so a caregiver could provide for more than 5 patients.

marijuana needs to be legalized entirely cause everyone in michigan is fucking sick. Sick and tired of being depressed.
Michigan has nearly the worst everything in the country right now. Its time about those politicans get off their ass's n do something. Who cares about what the rest of the country will think?
They're helping us. They only care for themselves.


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Offlinesmokescreen
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Registered: 08/13/09
Posts: 828
Loc: north carolina
Last seen: 9 months, 15 days
Re: Michigan cities try to block medicinal marijuana sales [Re: Shr00mZ]
    #11757095 - 01/03/10 02:37 AM (14 years, 2 months ago)

If I could only get a card here in NC!  Wouldn't need a dispensary!  Anyone complaining should sow the seed.


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