Pubdate: Wed, 11 Jun 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 Grossman

BIRMINGHAM COMMISSION TAKES NO ACTION ON MEDICAL MARIJUANA PROPOSAL

Frank Carnovale describes himself as a "fearless father" and a "proud
veteran."

He's certainly no fan of medical marijuana.

In a stinging letter to the Birmingham City Commission, Carnovale said
allowing medical marijuana grow facilities to operate in the city's
Rail District will turn the east side of Birmingham into a "ghetto."

City officials feel their hands are tied.

Birmingham, like numerous other municipalities across the state,
previously outlawed medical marijuana establishments since they were
prohibited by federal law. As a result of recent court rulings, the
city can no longer prohibit such establishments as they are expressly
permitted under the Michigan Medical Marijuana Act passed by the
voters in 2008.

On Monday, the City Commission was planning to set a July 14 public
hearing on whether to allow medical marijuana establishments as a
permitted use in the Rail District only, with a Special Land Use Permit.

The commission took no action, however, as a majority of the members
wanted more specifics about the proposal before moving it forward.

Commissioner Mark Nickita questioned why the Rail District was being
considered over other parts of the city. He also wanted to know what
the city could do to limit the size and scope of grow operations.

Commissioner Gordon Rinschler also wondered if residents were actually
aware of the ordinance proposal.

"This thing seems to be flying under the radar," he said Monday. "It
just seems to me we're pushing this thing with no deadline or apparent
reason."

'A SCAM'

The Rail District is located on the east side of Eton Road between
Maple and Lincoln. The district is a mix of residential, commercial
and industrial uses. It has the Big Rock Chophouse to the north and
Kenning Park to the south.

Carnovale is an architect with offices on Cole Street in the Rail
District. In his letter, he describes watching the district grow and
blossom over the past 14 years.

"Now, with one intentional stroke of zoning discrimination, the city
of Birmingham will significantly set the neighborhood on its heels,"
he wrote. "This medical marijuana ruse is a scam cooked up by pot
heads and college students to get high. The proof is in the
extraordinary number of medical marijuana cards issued on college
campuses in Michigan for stress and anxiety."

Carnovale went on to say he has a friend who recently lost his son to
a drug overdose.

"We all know a friend or neighbor whose family has fought deadly
drugs," he wrote. "I raised four fabulous children in this community
by not compromising my values."

City Attorney Tim Currier said the Rail District makes sense because
it's located by the police shooting range. The DPS building where
police fuel their patrol cars also is located in the district.

Currier said the grow operations are not retail outlets where a person
off the streets can purchase marijuana. They'll serve as enclosed
locked facilities where caregivers can grow marijuana for designated
patients.

Currier said one caregiver is allowed to have up to five patients, and
can grow up to five plants per patient.

But rather than act too quickly, the commission hit the brakes and
requested the city administration to come back with new public hearing
date and more information on proposal.

"I think we need to justify this is the right area, versus an area
anywhere else in the city," Nickita said.
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MAP posted-by: Matt