Jacob Bell
New Member
Medical marijuana might be legal in Michigan but the city of Muskegon has proposed strict regulations to keep “compassion clubs” and “dope bars” from locating in the city.
Through its zoning ordinance, city staff recommends that all medical marijuana businesses be limited to the city's heavy industrial zones. “Compassion club” owners have indicated a desire to locate their medical marijuana businesses in commercial and retail districts in the city.
A medical marijuana licensing ordinance recommended by staff aims at keeping marijuana businesses from concentrating in areas of the city, which city officials say would bring related criminal activity. Under the proposed ordinance, one location would be limited to one “caregiver” providing medical marijuana or growing it for up to five patients as provided in the voter-approved state law.
Both the zoning ordinance changes and the business licensing ordinance are up for discussion before the Muskegon City Commission at its 5:30 p.m. Monday work session. Both issues are on the regular city commission meeting at 5:30 p.m. Tuesday when there is a scheduled public hearing on the licensing ordinance.
“The idea is not to have these businesses in the middle of our residential, office or retail districts,” said Cathy Brubaker-Clarke, the city's planning and economic development director. Limiting medical marijuana businesses to heavy industrial zones was unanimously recommended by the Muskegon Planning Commission in February.
The city's “I-2” heavy industrial zone is mainly limited to properties in Muskegon's Port City and Medendorp industrial parks on the far east end of the city. Other I-2 zones are scattered throughout the city where historic industrial businesses have been located such as Brunswick Bowling on Laketon Avenue and Sappi Fine Paper on Lakeshore Drive.
But it is the proposed licensing ordinance that would put the most restrictions on medical marijuana businesses in the city.
“It is the intent of this ordinance to protect the public health, safety and general welfare of persons and property … and also address and minimize reasonably anticipated secondary effects upon children,” the staff-written ordinance reads.
The business regulations are aimed at “concentrations of marijuana distribution activity” and keeping the intent of the state law for the use, production and distribution of marijuana for medical purposes as a private, confidential activity between patient and caregiver.
City Attorney John Schrier drafted the medical marijuana business regulations arguing they are similar to the allowable restrictions on legal adult entertainment activity, which also can bring about undesirable activities, city officials said. Such activities aren't banned but they are put in locations and regulated so they are the least bothersome for the community.
The proposed city regulations do not license those who receive state approval for medical use of marijuana or being a “caregiver” but regulate the location of such activity. Medical marijuana activity in private residences would not be affected by the city regulations. However, no more than 12 marijuana plants can be grown in a single residence per patient.
“One of the problems is it is not clear at the state level what this law is all about,” Brubaker-Clarke said. City staff has taken more than six months to develop zoning and licensing regulations pertaining to the medical marijuana law.
“The city wants to do the best possible to follow Michigan law but that hasn't been totally interpreted as to what it is,” she said. “We want to follow the intent of the law.”
Michigan voters approved a general medical marijuana law in the 2008 general election by a 63-to-37 percent margin. But maybe more importantly to local officials, Muskegon city voters overwhelmingly supported the state proposition with a 74.1 percent approval.
The provision passed in all seven cities and 16 townships in Muskegon County. And a recent February public poll of Michigan voters showed that 59 percent would still allow marijuana for medical purposes.
The city of Muskegon's proposed ordinance was designed to eliminate the so-called “compassion clubs” or “marijuana bars” — where a group of care-givers and patients gather for medical marijuana use and production. A bill is currently before the Michigan Senate that would eliminate such clubs and bars statewide.
The experience over the past decade of medical marijuana in California shows they are magnets for criminal activity and are businesses that support organized crime, gambling, prostitution and the like, city officials argue.
Specifically, the city's proposed medical marijuana licensing ordinance would:
• Require business owners to register their locations with the city.
• Open the locations up for building code inspections especially for proper plumbing and electrical service for growing equipment.
• Keep medical marijuana business activity from within 1,000 feet of sites where children are usually located such as schools, public parks, churches, day care centers and the like.
• Maintain all activity inside the building and out of public view.
• Limit marijuana production to 12 marijuana plants per patient, with a total of not more than 72 plants for five patients and a care-giver, if the care-giver also has state approval to use and grow marijuana for medical purposes.
• Prohibit signs on the building that indicate it is a business for medical marijuana and not allow the business to be advertised as a “clinic,” “hospital” or “dispensary.”
The state law protects the confidentiality of the patient-caregiver relationship. Thus, the proposed ordinance cannot be used by law enforcement to identify locations of medical marijuana use and production, according to the proposed ordinance.
Violation of the proposed medical marijuana ordinance would be a civil infraction subject to a first offense fine of $50, first repeat offense fine of $250 and second repeat offense fine of $500.
The Muskegon City Commission meets Monday and Tuesday at Muskegon City Hall, 933 Terrace. The 5:30 p.m. commission meetings are open to the public and citizens can address the commission on any issue.
News Hawk- GuitarMan313 420 MAGAZINE
Source: mlive.com
Author: Dave Alexander
Contact: Contact Us
Copyright: Michigan Live LLC
Website: City of Muskegon proposes to limit locations of medical marijuana businesses and regulate the operations
Through its zoning ordinance, city staff recommends that all medical marijuana businesses be limited to the city's heavy industrial zones. “Compassion club” owners have indicated a desire to locate their medical marijuana businesses in commercial and retail districts in the city.
A medical marijuana licensing ordinance recommended by staff aims at keeping marijuana businesses from concentrating in areas of the city, which city officials say would bring related criminal activity. Under the proposed ordinance, one location would be limited to one “caregiver” providing medical marijuana or growing it for up to five patients as provided in the voter-approved state law.
Both the zoning ordinance changes and the business licensing ordinance are up for discussion before the Muskegon City Commission at its 5:30 p.m. Monday work session. Both issues are on the regular city commission meeting at 5:30 p.m. Tuesday when there is a scheduled public hearing on the licensing ordinance.
“The idea is not to have these businesses in the middle of our residential, office or retail districts,” said Cathy Brubaker-Clarke, the city's planning and economic development director. Limiting medical marijuana businesses to heavy industrial zones was unanimously recommended by the Muskegon Planning Commission in February.
The city's “I-2” heavy industrial zone is mainly limited to properties in Muskegon's Port City and Medendorp industrial parks on the far east end of the city. Other I-2 zones are scattered throughout the city where historic industrial businesses have been located such as Brunswick Bowling on Laketon Avenue and Sappi Fine Paper on Lakeshore Drive.
But it is the proposed licensing ordinance that would put the most restrictions on medical marijuana businesses in the city.
“It is the intent of this ordinance to protect the public health, safety and general welfare of persons and property … and also address and minimize reasonably anticipated secondary effects upon children,” the staff-written ordinance reads.
The business regulations are aimed at “concentrations of marijuana distribution activity” and keeping the intent of the state law for the use, production and distribution of marijuana for medical purposes as a private, confidential activity between patient and caregiver.
City Attorney John Schrier drafted the medical marijuana business regulations arguing they are similar to the allowable restrictions on legal adult entertainment activity, which also can bring about undesirable activities, city officials said. Such activities aren't banned but they are put in locations and regulated so they are the least bothersome for the community.
The proposed city regulations do not license those who receive state approval for medical use of marijuana or being a “caregiver” but regulate the location of such activity. Medical marijuana activity in private residences would not be affected by the city regulations. However, no more than 12 marijuana plants can be grown in a single residence per patient.
“One of the problems is it is not clear at the state level what this law is all about,” Brubaker-Clarke said. City staff has taken more than six months to develop zoning and licensing regulations pertaining to the medical marijuana law.
“The city wants to do the best possible to follow Michigan law but that hasn't been totally interpreted as to what it is,” she said. “We want to follow the intent of the law.”
Michigan voters approved a general medical marijuana law in the 2008 general election by a 63-to-37 percent margin. But maybe more importantly to local officials, Muskegon city voters overwhelmingly supported the state proposition with a 74.1 percent approval.
The provision passed in all seven cities and 16 townships in Muskegon County. And a recent February public poll of Michigan voters showed that 59 percent would still allow marijuana for medical purposes.
The city of Muskegon's proposed ordinance was designed to eliminate the so-called “compassion clubs” or “marijuana bars” — where a group of care-givers and patients gather for medical marijuana use and production. A bill is currently before the Michigan Senate that would eliminate such clubs and bars statewide.
The experience over the past decade of medical marijuana in California shows they are magnets for criminal activity and are businesses that support organized crime, gambling, prostitution and the like, city officials argue.
Specifically, the city's proposed medical marijuana licensing ordinance would:
• Require business owners to register their locations with the city.
• Open the locations up for building code inspections especially for proper plumbing and electrical service for growing equipment.
• Keep medical marijuana business activity from within 1,000 feet of sites where children are usually located such as schools, public parks, churches, day care centers and the like.
• Maintain all activity inside the building and out of public view.
• Limit marijuana production to 12 marijuana plants per patient, with a total of not more than 72 plants for five patients and a care-giver, if the care-giver also has state approval to use and grow marijuana for medical purposes.
• Prohibit signs on the building that indicate it is a business for medical marijuana and not allow the business to be advertised as a “clinic,” “hospital” or “dispensary.”
The state law protects the confidentiality of the patient-caregiver relationship. Thus, the proposed ordinance cannot be used by law enforcement to identify locations of medical marijuana use and production, according to the proposed ordinance.
Violation of the proposed medical marijuana ordinance would be a civil infraction subject to a first offense fine of $50, first repeat offense fine of $250 and second repeat offense fine of $500.
The Muskegon City Commission meets Monday and Tuesday at Muskegon City Hall, 933 Terrace. The 5:30 p.m. commission meetings are open to the public and citizens can address the commission on any issue.
News Hawk- GuitarMan313 420 MAGAZINE
Source: mlive.com
Author: Dave Alexander
Contact: Contact Us
Copyright: Michigan Live LLC
Website: City of Muskegon proposes to limit locations of medical marijuana businesses and regulate the operations
