Pubdate: Sun, 18 May 2014
Source: Birmingham Eccentric (MI)
Copyright: 2014 Observer & Eccentric Newspapers
Contact: http://www.hometownlife.com/section/CUSTOMERSERVICE20
Website: http://www.hometownlife.com/section/NEWS02
Details: http://www.mapinc.org/media/5164
Author: Jay M. Grossman
Bookmark: http://www.mapinc.org/find?275 (Cannabis - Michigan)

BIRMINGHAM PONDERS WHERE TO ALLOW MEDICAL MARIJUANA FACILITIES TO LOCATE

Birmingham is in the process of allowing medical marijuana facilities
to operate in the city's Rail District.

On Wednesday, the Planning Board voted 6-0 to amend local zoning
ordinances and allow medical marijuana establishments as a permitted
use. The amendment still needs to go before the City Commission before
it's finalized.

Up to now, Birmingham has resisted allowing such facilities to open in
the city on the grounds that marijuana is still considered a
controlled substance under federal law. Last year, however, the
Michigan Supreme Court ruled municipalities must follow provisions
relating to the state's Medical Marijuana Act and allow for the facilities.

"They don't tell us where or how we need to control it," Ecker said of
the facilities. "But we have to make a provision to allow it somewhere."

The city decided on the Rail District as the sole location for
allowing the facilities. The district is an industrial/commercial
section of Birmingham that's located along the east side of Eton
between Maple and Lincoln.

In terms of geography, the district has the railroad tracks to the
east, no single-family housing and is located next to the police
shooting range at Kenning Park.

"It's difficult to get in and out of there and there's usually police
in the area because of the shooting range," Ecker said.

City Attorney Tim Currier said the facilities will operate essentially
as a warehouse for growing medical marijuana. They will not operate as
dispensaries, where someone from the public with medical marijuana can
walk in and purchase cannabis.

"The only people with access will be patients and caregivers," he
said, adding a caregiver can grow up to 12 plants per patient and have
up to five patients.

His biggest concern about allowing the warehouses is crime. Currier
noted a warehouse opened in Troy recently and was broken into right
away.

"We're not concerned about the medical marijuana user who might have
cancer and is using marijuana inside their home," he said. "Our
concern is the larger operations attract crime."

Under the ordinance amendment, the medical marijuana in Birmingham
will operate under Special Land Use Permits (SLUP) which gives the
city more control over the operation.

Members of the planning board passed the amendment with few questions,
since the issue was already vetted by the city attorney. Ecker said
not accommodating the use would likely result in a lawsuit against the
city. She also emphasized the facilities will not sell to the general
public.

"It's not like a member of the public can buy something off the
shelf," she said.  
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MAP posted-by: Jo-D