MI: Local Officials Gear Up For New Medical Marijuana Laws

Katelyn Baker

Well-Known Member
Traverse City – Brandon Montemayor is satisfied with his decision to open a medical marijuana collective in Traverse City.

Superior Genetics has enjoyed steady business growth since opening in October, said Montemayor, who described the city's approval process to open the collective as one of the best he's experienced.

Montemayor hopes for more growth come December, when he can apply for a provisioning center license under Michigan's new medical marijuana laws that redefine statewide use and local regulation of the drug.

"More regulations and clarity will definitely allow for change in a positive direction," he said. "We just want to make sure we're staying in compliance with Traverse City."

The new state laws allow collectives like Superior Genetics to sell medical marijuana edibles and operate legally as a dispensary. They also let local governments regulate where and how many dispensaries are allowed – if any at all.

Local officials from across Northwest Michigan packed a Michigan State University Extension workshop explaining the new laws and how to regulate under them. The February workshop, one of 13 statewide, garnered enough interest for a second date in Traverse City that boasts a wait list, said MSU Extension educator Brad Neumann.

"Traverse City has always been receptive to training, but even in that context these workshops filled up fast," he said. "There's definitely a lot of interest."

The workshop concerns three laws recently passed to regulate Michigan's medical marijuana industry. Public Act 281 allows state and local governments to license and regulate medical marijuana growers, processors, provisioning centers, transporters and safety compliance facilities. Public Act 282 creates a statewide tracking system to monitor marijuana as it moves through those licensed facilities. That includes edibles under Public Act 283, which amends the 2008 Michigan Medical Marijuana Act to allow the use and sale of marijuana-infused products.

The Michigan Medical Marijuana Act didn't expressly authorize provisioning centers and other medical marijuana facilities, technically making them illegal before the new laws were passed. It also failed to address local government's role in the regulating the drug.

"It's been a very difficult thing for municipalities to figure out what to do with," said MSU Extension educator Kurt Schindler, who led the workshop.

But the new laws give local governments power to decide which of the facilities – and how many of each – can operate in their municipality. Michigan will begin issuing licenses for the five types of medical marijuana facilities on Dec. 15, leaving local lawmakers to plan their response in the coming months.

Communities can simply decide to prohibit any medical marijuana facilities by taking no action at all, Schindler said. Those that do decide to authorize one or more must adopt a police power ordinance stating the type(s) allowed and a zoning ordinance regulating the facility's location and standards for approval.

The City of Traverse City already allows and regulates medical marijuana collectives under current state laws, but planners have kept an eye on the coming changes, said zoning administrator David Weston. He expects city officials to review the new laws and update the city's own ordinance accordingly, though any changes would be minor.

"We'll probably keep going as we're going," he said. "If the law's implications are significant, we'll revisit the ordinance."

That is good news for Montemayor, who hopes to maintain his positive relationship with the city.

"Most of the ordinances have to come from the townships, so we want to make sure that we're in line with state but first and foremost with Traverse City," he said.

While most surrounding local governments have no medical marijuana ordinances in place, several began gathering information in hopes of making a decision by December.

The Village of Kingsley Planning Commission board of directors will likely vote on allowing medical marijuana facilities in the next few months, said village manager Jacob VanBoxel.

"I don't know how they'll vote but I know they're looking into it," he said. "We'll absolutely have everything we need in order by December."

VanBoxel was one of six Kingsley officials gathering information at the MSU Extension workshop. He said council members have talked to residents, school officials and business owners to gauge public opinion on the issue.

"There's definitely conversation being had," he said. "We need to know how our residents feel and how they would react," he said.

Schindler recommends local officials engage the public in discussion and education on the medical marijuana laws as early as possible in the decision-making process, rather than waiting for a required public hearing.

"Public hearings set up a confrontational dynamic, and they happen too late in the process," he said.

But several townships haven't broached the topic, despite the clock ticking to December.

Peninsula Township likely won't have regulations by then, and board members may wait years to decide on allowing medical marijuana facilities at all, said planning and zoning director Brian VanDenBrand.

"The board is concerned about how state and federal laws will end up conflicting," he said. "We're going to see how it all plays out in the next couple years."

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News Moderator: Katelyn Baker 420 MAGAZINE ®
Full Article: Local Officials Gear Up For New Medical Marijuana Laws
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