Robert Celt
New Member
Detroit has been one of the most lax cities in Michigan regarding the enforcement of medical marijuana dispensaries, which are still illegal under state and federal laws.
With names like The Green Mile, House of Dank, Action Medz and Detroit Grass Station. at latest count there were an estimated 211 dispensaries operating throughout the city, nearly 1.5 per square mile.
The businesses make no effort to hide their intent, and police have left them to operate freely for the most part, despite a state Supreme Court ruling in 2013 that allows medical marijuana dispensaries to be declared a public nuisance.
There is pending legislation that could define and regulate dispensaries in the state.
The 2008 Michigan Medical Marijuana Act allowed caretakers to designate up to five medical marijuana patients for whom they could provide marijuana. The law did not address the possibility of retail sales.
Some of the pot shops have clearly invested large amount of capital into their entrepreneurial endeavors and buildings, but it could be all for naught with the implementation of strict zoning laws that ban shops throughout most of the city.
One group of dispensary and medical marijuana advocates, Citizens for Sensible Cannabis Reform, is fighting back. It filed a referendum last week that, if approved, could appear on August election ballots and reverse the zoning law that took effect March 1.
The referendum petition is currently being reviewed by the city Elections Department to determine if it is legal and the signatures are valid, says Elections Director Daniel A. Baxter.
As written, shops are banned from operating within 1000 feet of schools, arcades, parks, party stores, child care facilities, churches, public housing and other dispensaries. The city opened a 30-day application window March 1 and says it will begin enforcement next month.
As of Thursday, 113 businesses had applied for permits to become medical marijuana caregiver centers. A cursory look at the locations reveal most violate one or more of the new zoning limitations.
The city offers a mapping tool online for dispensaries to see if their location violates the new zoning limitations. More than 90 percent of the city map is covered with multitude of circles indicating a 1000-foot restricted area for one reason or another.
One applicant, Mind Right, is located at 17243 Mack in west Detroit. Typing in the address reveals numerous zoning location violations. "Location Ineligible," the city website says. It's within 1000 feet of "a controlled use location," Parkie's Liquor Shoppe; a child daycare facility, Moross Congregational Church and within a Drug Free Zone.
After checking about 10 addresses of applicants, all violated at least on aspect of the ordinance.
MLive spoke with employees and owners of eight dispensaries in the city, although none wanted their names published. The general consensus is they are operating now, but they don't know what will happen a month from now.
"Truthfully, we don't know," said one man from an east side shop. "It's just a waiting game."
And the city isn't being clear about the action it will take when the 30-day application window expires.
"If they're not eligible to open a medical marijuana care center, they can't apply," said Melvin Butch Hollowell of the Detroit Law Department. "If they continue to operate, and they're operating in violation of the ordinance, then they're operating at their own risk and are subject to enforcement by" Detroit police and the Building Department, or both.
"The city will reserve all of its options in regard to enforcement and actions that can be taken. Again, they are operating at their own risk."
Operating in violation of the zoning rules is a misdemeanor punishable by up to 90 days in jail or a $500 fine.
It's not clear how Detroit police plan to react, or if they will pursue additional criminal charges related to illegal drug sales.
"We're not commenting right now," Detroit Police Officer Shonda Williams told MLive last week. "We just want to see how things are going to pan out with the businesses and licensing."
Matthew R. Abel, an attorney with the Cannabis Counsel, a marijuana advocacy group, said he's filed applications on behalf of at least five clients.
There are businesses out there with hundreds of thousands of dollars invested into them, and the city may force them shut down if the referendum doesn't succeed, Abel said.
"It's good for some people who are eligible," Abel said. "It's not good for people who are in zones where hey are never going to get licenses."
Based on the city's medical marijuana caregiver center eligibility search engine, the latter part of Abel's statement applies to most.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Group Hopes To Halt Dismantling Of Detroit's Marijuana Dispensary Industry
Author: Gus Burns
Contact: MLive
Photo Credit: Loveland Technologies
Website: MLive
With names like The Green Mile, House of Dank, Action Medz and Detroit Grass Station. at latest count there were an estimated 211 dispensaries operating throughout the city, nearly 1.5 per square mile.
The businesses make no effort to hide their intent, and police have left them to operate freely for the most part, despite a state Supreme Court ruling in 2013 that allows medical marijuana dispensaries to be declared a public nuisance.
There is pending legislation that could define and regulate dispensaries in the state.
The 2008 Michigan Medical Marijuana Act allowed caretakers to designate up to five medical marijuana patients for whom they could provide marijuana. The law did not address the possibility of retail sales.
Some of the pot shops have clearly invested large amount of capital into their entrepreneurial endeavors and buildings, but it could be all for naught with the implementation of strict zoning laws that ban shops throughout most of the city.
One group of dispensary and medical marijuana advocates, Citizens for Sensible Cannabis Reform, is fighting back. It filed a referendum last week that, if approved, could appear on August election ballots and reverse the zoning law that took effect March 1.
The referendum petition is currently being reviewed by the city Elections Department to determine if it is legal and the signatures are valid, says Elections Director Daniel A. Baxter.
As written, shops are banned from operating within 1000 feet of schools, arcades, parks, party stores, child care facilities, churches, public housing and other dispensaries. The city opened a 30-day application window March 1 and says it will begin enforcement next month.
As of Thursday, 113 businesses had applied for permits to become medical marijuana caregiver centers. A cursory look at the locations reveal most violate one or more of the new zoning limitations.
The city offers a mapping tool online for dispensaries to see if their location violates the new zoning limitations. More than 90 percent of the city map is covered with multitude of circles indicating a 1000-foot restricted area for one reason or another.
One applicant, Mind Right, is located at 17243 Mack in west Detroit. Typing in the address reveals numerous zoning location violations. "Location Ineligible," the city website says. It's within 1000 feet of "a controlled use location," Parkie's Liquor Shoppe; a child daycare facility, Moross Congregational Church and within a Drug Free Zone.
After checking about 10 addresses of applicants, all violated at least on aspect of the ordinance.
MLive spoke with employees and owners of eight dispensaries in the city, although none wanted their names published. The general consensus is they are operating now, but they don't know what will happen a month from now.
"Truthfully, we don't know," said one man from an east side shop. "It's just a waiting game."
And the city isn't being clear about the action it will take when the 30-day application window expires.
"If they're not eligible to open a medical marijuana care center, they can't apply," said Melvin Butch Hollowell of the Detroit Law Department. "If they continue to operate, and they're operating in violation of the ordinance, then they're operating at their own risk and are subject to enforcement by" Detroit police and the Building Department, or both.
"The city will reserve all of its options in regard to enforcement and actions that can be taken. Again, they are operating at their own risk."
Operating in violation of the zoning rules is a misdemeanor punishable by up to 90 days in jail or a $500 fine.
It's not clear how Detroit police plan to react, or if they will pursue additional criminal charges related to illegal drug sales.
"We're not commenting right now," Detroit Police Officer Shonda Williams told MLive last week. "We just want to see how things are going to pan out with the businesses and licensing."
Matthew R. Abel, an attorney with the Cannabis Counsel, a marijuana advocacy group, said he's filed applications on behalf of at least five clients.
There are businesses out there with hundreds of thousands of dollars invested into them, and the city may force them shut down if the referendum doesn't succeed, Abel said.
"It's good for some people who are eligible," Abel said. "It's not good for people who are in zones where hey are never going to get licenses."
Based on the city's medical marijuana caregiver center eligibility search engine, the latter part of Abel's statement applies to most.
News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Group Hopes To Halt Dismantling Of Detroit's Marijuana Dispensary Industry
Author: Gus Burns
Contact: MLive
Photo Credit: Loveland Technologies
Website: MLive
