Pubdate: Wed, 22 Dec 2010
Source: Press and Guide (Dearborn, MI)
Copyright: 2010 Press and Guide
Contact:  http://www.pressandguide.com/
Details: http://www.mapinc.org/media/5196
Author: Ben Baird, Press & Guide Newspapers
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)

ORDINANCE PROHIBITING MARIJUANA DISPENSARIES NEAR ADOPTION

City, Planning Commission Disagree

DEARBORN HEIGHTS - A new version of the medical marijuana zoning 
ordinance - banning stores providing it - passed its first reading on 
Dec. 14, and will be up for the second reading and adoption on Jan. 11.

The version of the zoning ordinance amendment approved by the 
Planning Commission had already gone through a first reading, and 
would've allowed medical marijuana dispensaries and manufacturing 
facilities in commercial and industrial zoning respectively.

City Council then directed the current version be drafted, which 
prohibits land use contrary to federal, state and local laws.

While state law now allows marijuana possession and use by authorized 
patients and caregivers, federal law still classifies marijuana as a 
prohibited drug. If approved, the ordinance would prohibit 
marijuana-related businesses since federal law doesn't allow 
businesses to manufacture or distribute controlled substances.

Council Chair Ken Baron said council decided to put the ordinance 
through another first reading because of this drastic change. He said 
he anticipates the adoption of the ordinance at the next regular 
council meeting on Jan. 11 because of the direction of council's discussion.

Councilwoman Janet Badalow said council could've proceeded directly 
to the second reading, because it has done so before after major changes.

Mark Roberts, Planning Commission attorney, said the consensus of the 
commission following the November public hearing on the ordinance 
supports the original version to allow the facilities in specific zoning.

Council has until the medical marijuana moratorium expires between 
late January and early February to adopt ordinance, he said. He said 
the outcome of litigation related to medical marijuana brought 
against other communities should provide the city better guidance on 
how to proceed, but the moratorium will expire long before a final 
decision is reached.

There are pros and cons either way council goes with the ordinance, 
Roberts said. He said although the commission made its 
recommendation, this is council's decision. Because both versions 
have had public hearings, he said both can be considered for adoption.

Lawsuits have been filed against some communities like Livonia with 
ordinances also prohibiting land use contrary to federal, state and local laws.

"This is nothing we weren't expecting," Roberts said.

Whichever version of the ordinance is used, he said there's the 
possibility of lawsuits. Rick Coogan, Planning Commission chairman, 
said he thought council might have changed direction with the 
ordinance because of the lawsuits.

Since it seems either option is legally even, Coogan said the city 
should focus on helping patients and make it easier for them to get 
relief from their conditions.

"Why not go towards the patients' side and try to regulate it a bit?" he asked.

Coogan said he can't believe he's now somewhat an advocate of medical 
marijuana, because it's such a change from his previous perspective. 
He said what really changed his mind was when he was learning about 
it for the ordinance and realized it could really help his wife with 
her medical condition.

She won't use it though because of the stigma surrounding marijuana, he said.

"I don't see it as an evil plant," Coogan said. "This is almost a 
miracle plant."

Baron said council generally agrees the state has handled medical 
marijuana legislation poorly, and has placed communities in a bad position.

"This is a situation thrust on you by the state," Roberts said.  
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MAP posted-by: Richard Lake