Get Active Subscribe Support Us

FARMINGTON HILLS COUNCIL SAYS MEDICAL MARIJUANA ORDINANCE HITS THE MARK

When it comes to regulating the use of medical marijuana in Farmington Hills, officials do not want to say who can and cannot use it, but rather when and where it can be grown and distributed. 

City attorney Steve Joppich, on Monday, presented a revised draft ordinance to the city council that defines where marijuana can be grown and distributed by licensed caregivers for licensed patients while complying with the state law that most agree is vague. 

After months of discussion and monitoring various legal opinions and lawsuits on the subject, the city council and Joppich decided to address the issue from a land use perspective.  Council members said they do not intend to endorse or prohibit people from using medical marijuana, but they want to be able to control where the activities associated with the practice take place. 

The ordinance being considered would regulate a caregiver - who can grow and sell marijuana to up to five patients at one time, per state law - as a home occupation.  It follows state law in saying that a licensed caregiver is not subject to prosecution for growing and distributing marijuana. 

The city's ordinances already put the following restrictions on home occupations in single family residential zones:

.  All home occupations must be conducted so as not to be noticeable from the exterior of the dwelling. 

.  No signs accessory to the home occupation are permitted. 

.  Traffic and delivery of goods created by the home occupation may not exceed that normally created by residential uses. 

.  The home occupation may not service more than one client or customer at a time on the premises. 

.  No employees, other than residents of the dwelling unit, may be employed at or be otherwise located on the premises, and no vehicles owned or operated by employees other than said residents shall be parked on or near the premises. 

.  The total area of all buildings used for the home occupation, including storage of materials, supplies, etc., shall not exceed an amount that is equal to 15 percent of the floor area of the individual dwelling unit. 

.  Nuisance factors are prohibited. 

More Provisions

In addition, the proposed ordinance would put the following restrictions pertaining to caregivers who are growing and distributing marijuana from their homes:

.  The amount of plants and the medical use of the marijuana must comply with the Michigan Marihuana Act and the general rules of the Michigan Department of Community Health. 

.  A caregiver must be outside of a 1,000-foot radius from any school, including a child care or day care facility. 

.  Not more than one caregiver per zoning lot or parcel. 

.  Not more than five patients may be assisted within any given calendar week. 

.  All medical marijuana must be kept inside the main building in an enclosed, locked facility. 

.  Permits must be obtained for electrical wiring or other devices for growing and harvesting the marijuana. 

.  Lighting sources used for growing marijuana must be shielded from adjacent properties between the hours of 11 p.m.  and 7 a.m. 

.  Growing areas that have heat sources that exceed normal residential use - and the storage of chemicals such as herbicides, fertilizers and pesticides - are subject to inspection by the fire department. 

On the Mark

Council members said Joppich covered everything they wanted to include in the ordinance.  They said it's been a frustrating experience, because attempting to place local regulations on a state law that technically violates federal law is nearly an impossible task. 

But, they viewed the draft ordinance as the best they could do under the circumstances. 

It protects citizens' rights to access medical marijuana, per the state law that was passed overwhelmingly by voters in November 2008, while adding local protections for residential areas in the city where caregivers could be growing and distributing it. 

"I'm glad we took the time to get it right," said Mayor Pro Tem Michael Bridges. 

The draft ordinance now heads to the Farmington Hills Planning Commission and will then come back for final approval by the city council.  The local moratorium on all requests pertaining to medical marijuana operations in Farmington Hills remains in place while the ordinance goes through the process.