MI: Lansing Still Working On Marijuana Ordinance

Katelyn Baker

Well-Known Member
Lansing - Jim Smiertka has been Lansing's city attorney for less than a week, but said Friday he and his staff should be ready to create a third draft of the city's proposed medical marijuana ordinance by the end of this month.

Smiertka, three City Council members and Deputy City Attorney Mark Dotson met Friday afternoon at City Hall for council's Committee on Public Safety meeting to share ideas and hear public comment about the complicated matter. About 20 people attended the meeting.

The third draft of the ordinance, which Smiertka expects to have completed for a July 22 meeting, could include creation of an advisory board of people with "professional knowledge" of the topic.The 3:30 p.m. meeting on the 10th floor of City Hall will be open to the public.

"We're not saying we're going to come back with that," Smiertka said of the advisory board option. "But that's an area we may come back with. Who knows?" Smiertka emphasized that an advisory board would only serve as a consultant and not take legislative powers away from council.

Lansing's proposed ordinance, in its current form, doesn't appear ready for consideration by council because of several challenges brought up by owners, patients and caregivers. Lansing has a moratorium on the opening of new dispensaries, but city officials haven't pinned down how many dispensaries are located in the city. The moratorium went into effect May 12 and is backed by the Lansing Regional Chamber of Commerce.

Council members, including At-Large Member Carol Wood, and several residents who have voiced their opinions at public meetings for the past two months estimate there are at least 60 currently open.

Lansing and other Michigan municipalities have found it difficult to navigate around is Michigan's Medical Marihuana Act of 2008. The act allows use of marijuana for medical reasons by persons who have been authorized by a physician to hold a state-issued medical marijuana card. It also allows patients and caregivers to cultivate marijuana plants. But the original law did not mention dispensaries, also known as provisioning centers.

Lansing's City Attorney's Office informed City Council in 2011 that any centers in the city would operate at their own peril.

At-Large Council Member Kathie Dunbar said at Friday's meeting it's necessary for the city to do its best to explain to the public the standards that state-issued medical marijuana cardholders and caregivers must follow.

State law allows patients to have up to 2 1/2 ounces of marijuana. If they have not specified a caregiver who provides the marijuana, they can also grow up to 12 plants kept in an enclosed, locked facility.

"Sometimes the best way to deal with this is proactive education," Dunbar said.

In addition to rights and standards for patients and caregivers, Smiertka told the Lansing State Journal last month he is taking a hard look at how the city should handle property owners who receive rent from dispensary owners.

Third Ward Council Member Adam Hussain also attended Friday's meeting and said he was concerned how an advisory board specializing in the medical marijuana matter would be appointed.

Robin Schneider, a legislative liaison for the National Patients Rights Association, suggested at the meeting that an advisory board should include patient advocates, neighborhood representatives and local law enforcement.

"It's possible to have appointees confirmed by the City Council if that's not something you're comfortable with," Schneider told public safety committee members. Schneider mentioned that Ann Arbor has found success with an advisory committee that has helped its city council craft and enforce a fair and legal medical marijuana ordinance.

Wood, a council member for 16 years, expressed some impatience about creation of the proposed ordinance. She has pushed for several weeks to have a final draft sent to council's full-body for a vote this summer. Wood new said Ingham County Prosecutor Gretchen Whitmer, who started July 1, is expected to attend the July 22 public safety meeting.

"I will not be sitting by, waiting for another fiscal year (to create an ordinance)," Wood said. "That's just not going to happen."

If passed, Lansing's medical marijuana ordinance could require all dispensaries to obtain a license from the city that would be renewed annually. It's unclear what the fee could be and how the City Clerk's Office would handle licensing.

Lansing's ordinance in its current form defines a medical marijuana "facility" as "a commercial business having a separate or independent postal address where medical marihuana is cultivated and also may be provided." The marihuana spelling mirrors what was used in the state law approved by voters.

The proposed Lansing ordinance defines marijuana dispensaries as "provisioning centers." A provisioning center, according to the ordinance's second draft, is defined as "a location where one or more primary caregivers store and distribute medical marihuana out of a building or structure."

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Lansing Still Working On Marijuana Ordinance
Author: Eric Lacy
Contact: 1-517-377-1000
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Website: Lansing State Journal
 
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