Medical Marijuana Ordinance Moves To City Council

Michigan - After issuing a moratorium several months ago on the dispensation of medical marijuana in Grand Haven, City Council will soon have a look at regulations governing the issue in the city.

"The city of Grand Haven felt it would be in the city's best interest to allow medical marijuana facilities to exist as a home-based occupation," City Planner Kristin Keery said.

The Grand Haven Planning Commission approved recommending the ordinance in a 6-3 vote Tuesday night. Commissioners Erin Kauth, Tyler Hayes and Mark Hills voted against it.

City Council is expected to consider the proposed zoning ordinance amendment at its Sept. 7 meeting.

While the dispensation of medical marijuana would be allowed as a "minor" home-based occupation in residential districts, it would not be permitted in commercial- or industrial-zoned districts. This was an issue that was taken up by some of the planning commissioners when debating the regulations.

"I'd like to see it in industrial or transitional industrial areas," Hayes said.

This additional zoning district would allow everyone to participate as a caregiver, he said, since certain restrictions such as proximity to local schools could cause people to not participate.

"Obviously, the attorney and I don't support that effort," Keery said of allowing caregivers to operate outside of the residential district.

She said their interpretation is that it isn't allowed by state law to be in the transitional industrial or industrial districts, which could open up the city to a potential lawsuit.

Along with only being allowed in the residential district, some of the regulations in the recommended ordinance include: having medical marijuana only be permitted in the home of the permitted caregiver, only one caregiver would be allowed to exist per dwelling, the medical marijuana would have to be grown in the dwelling and no caregiver could have more than five patients. Caregivers would also be required to register with the Michigan Department of Community Health and the city's Planning Department.

"This would have helped my wife at the time she was suffering," said Planning Commissioner John Ringelberg, whose wife died in 2001 after a bout with cancer. "But we want to do this right."

Among his concerns with the new ordinance, Ringelberg said, is where the medical marijuana would come from. He made sure the ordinance spelled out that the medical marijuana was grown and processed at the caregivers' facilities.

The Planning Commission had scheduled a public hearing for Tuesday night's meeting, but there was no comment from the audience and Keery said she hadn't received any correspondence from Grand Haven citizens on the issue.

Along with making sure language was correct when sending the recommendation to City Council, planning commissioners also wanted to make sure residents were informed about the ordinance if City Council approves revised language.

Kauth said the city needed to give "due diligence" to make sure those that would want to be caregivers were notified that they had to register with the state as well as the city.


NewsHawk: Ganjarden: 420 MAGAZINE
Source: GrandHavenTribune.com
Author: ALEX DOTY
Copyright: 2010 GrandHavenTribune.com
 
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