Ron Strider
Well-Known Member
Several communities in Muskegon County have been chomping at the bit to take advantage of a new set of rules that will allow them to regulate the growth and, in some cases, the commercial sale of medical marijuana.
One of those municipalities is Egelston Township, a largely rural part of eastern Muskegon County stretching over 35 square miles with less than 10,000 residents. Egelston, the city of Muskegon and Muskegon Heights all voted to allow medical marijuana facilities, but each are at an impasse on how to regulate them.
But unlike the others, the Egelston ordinance is mired in conflict, perpetuated by old feuds, bad blood and two diverging camps: those who forcefully support the ordinance, and those who are fighting tooth and nail to stop its passage if growers can plant roots near residential neighborhoods.
The tension has boiled over from private conversations between residents and their elected officials to fraught bickering during public meetings. Accusations have flown about perceived conflicts of interest and favoritism toward prominent business owners looking to capitalize on marijuana - all of which the township denies.
Township Supervisor John Holter said the situation is "unfortunate," a bizarre byproduct of emotions running high over a controversial issue. The attacks on township officials have become personal, Holter said, as residents drag past grievances with old friends to the forefront of township politics.
But for some denizens of Egelston Township, the low decorum is, in their opinion, nothing new.
A fight over drug-free neighborhoods
Michigan's Licensing and Regulatory Affairs department issued a new set of rules earlier this year that allow municipalities to regulate medical marijuana on their own terms.
At the heart of the struggle in Egelston Township is a fight over whether growers should be allowed to operate in residential neighborhoods.
As written, the proposed ordinance allows processing facilities in I-1 and I-2 industrial zones, provisioning centers in C-1 and C-2 commercial zones and growers in R-5 residential districts or I-1 and I-2 zones. Facilities must not be located less than 1,000 feet from a school, church or licensed day care facility.
The ordinance would also regulate how medical marijuana is distributed to Egelston Township patients and would discourage unregulated sales.
Janet Brott and several other residents are leading the charge against the growing in R-5. She doesn't disagree with the medical benefits of marijuana, but she does not want it grown in her neighborhood.
"We already have medical marijuana caregivers in our township. There's never been any complaints," Brott said. "They claim it's to help people, but we already have that here.
"We don't want dispensaries and we don't want growing facilities (in neighborhoods)."
Holter said Brott's concerns are valid, but said he believes the township will be able to control its production while also helping patients who rely on marijuana as medicine.
Only a few residents have spoken against the R-5 allowance at public meetings. Brott chalks their reluctance to "nasty" interactions with elected officials on social media and in private conversation, which she said amounts to intimidation.
Those interactions have been wars of words between a number of residents, Treasurer Kelly Giddings-Gerard, township trustees and planning commissioners.
In most cases, both sides have had their fair share of less than civil things to say about each other.
At a Nov. 14 Planning Commission meeting, things got heated between the pro and anti-medical marijuana factions. A public hearing on the ordinance was held that evening. Both Brott and resident Angela Hobby-DeCormier spoke out during public comment. They also sat together near the back of the room, with Holter sitting close behind them.
Both groups, including some planning commissioners, yelled or whispered angrily at each other throughout the course of the meeting.
Conflicts of interest
Compounding the issue is a perceived conflict of interest that Brott said has clouded the township's judgment on medical marijuana.
The controversy surrounds Gerard, who was elected in 2016, and her son, Justin Giddings, a licensed medical marijuana caregiver who intends to become a commercial grower in Egelston Township.
As an elected official, Gerard has a vote on the township board.
Brott and other residents say they believe that Justin's intention to become a commercial grower is a major problem, and that Gerard should have recused herself from the township's July vote to opt in. She also wants Gerard to recuse herself from any future vote on the ordinance.
Gerard said she is legally obligated to vote on the measure and that there is no conflict of interest - and she has the legal documentation to prove it.
At one point in the last few years, Justin began growing medical marijuana at Gerard's home in a pole barn in the backyard, Gerard said. Justin planted there, she added, because he lives near a school.
The state's 2008 Medical Marihuana Act does not prohibit caregivers from growing near school zones, but federal law prohibits drugs or other controlled substances from being within 1,000 feet of a school.
Justin has since moved his operation elsewhere, Gerard said, and hasn't grown marijuana there for several months.
Gerard said she does not stand to gain financially if her son becomes a commercial grower.
Under pressure from residents who know about Justin's operation, Gerard sought the advice of John Schrier, the township's corporate counsel from Parmenter O'Toole. Schrier is also the corporate counsel assigned to the city of Muskegon.
In an email dated Wednesday, Oct. 11, Schrier wrote that because Justin does not live with Gerard and will not share his profits with his mother, there is no legal conflict of interest. The email was provided to MLive-Muskegon Chronicle by Holter and Gerard.
"(Gerard) does not have a financial interest in the Township's decision," Schrier wrote. "Because (Gerard) does not have a conflict, (Gerard) has an obligation to vote on a proposed ordinance, assuming (Gerard) is present at the meeting.
"As a practical matter, where an elected official does not have a conflict but feels voting is inappropriate, i.e., if it involves the individual's employer, church friend, relative, enemy, competitor, etc., public bodies will allow disclosure of the reason and consider a request to be excused from voting."
Schrier continues by saying the township can "then decide whether to force the person to vote or allow the person to abstain."
Gerard said she has considered recusing herself from a final vote, but Holter said he believes trustees, seeing no conflict, will force her to vote on the proposed ordinance to allow growers in residential neighborhoods.
Hobby-DeCromier is another opponent of medical marijuana in residential neighborhoods, and has joined Brott's calls for Giddings to recuse herself.
Both Gerard and Hobby-DeCromier, during recent, separate interviews, have acknowledged they used to be good friends and have had business dealings in the past - Hobby-DeCromier leased a show horse from Gerard some years ago, which ended in bad faith on both sides and resulted in a broken friendship.
Work continues to perfect ordinance
Despite multiple speed bumps, a draft of the ordinance is currently under legal review. The next step is to put it before Holter and the board for a final vote.
Holter said it was unlikely that township trustees will get to see a final draft of the ordinance until the first part of 2018.
The legal review, Holter said, is a part of the township's process. But outgoing Planning Commission Chairman Rob Gustafson and Commissioner Barb Woudwyk, who voted against the measure on Nov. 14, were vocal about giving the ordinance to Schrier before passing it along.
Both Gustafson and Woudwyk's terms expire in 2018, and have not been recommended for reappointment. Township trustess voted on Monday during their last regular meeting of 2017 to appoint Cariann Avery and Don Darke to fill the empty seats.
A third planning commissioner, Lois Gunther, resigned on Dec. 18, as well. Holter said Gunther decided to retire because she is moving out of Egelston Township in the near future.
A special meeting is scheduled for Wednesday, Dec. 20, to appoint her replacement.
Brott and several residents say the decision to move on without Gustafson and Woudwyk was politically motivated because of their comments about medical marijuana - a claim that Holter vehemently denies and called patently false.
"These accusations are no more than personal and political attacks on myself and other Board members and are baseless," he said.
Holter added, according to state statute, it is the responsibility of a supervisor to recommend or not recommend names to the township board, which has the final say.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Marijuana regulation sparks conflict in Muskegon-area community | MLive.com
Author: Ben Solis
Contact: MLive contacts, services and support | MLive Contacts - MLive.com
Photo Credit: Getty Images
Website: Michigan Local News, Breaking News, Sports & Weather - MLive.com
One of those municipalities is Egelston Township, a largely rural part of eastern Muskegon County stretching over 35 square miles with less than 10,000 residents. Egelston, the city of Muskegon and Muskegon Heights all voted to allow medical marijuana facilities, but each are at an impasse on how to regulate them.
But unlike the others, the Egelston ordinance is mired in conflict, perpetuated by old feuds, bad blood and two diverging camps: those who forcefully support the ordinance, and those who are fighting tooth and nail to stop its passage if growers can plant roots near residential neighborhoods.
The tension has boiled over from private conversations between residents and their elected officials to fraught bickering during public meetings. Accusations have flown about perceived conflicts of interest and favoritism toward prominent business owners looking to capitalize on marijuana - all of which the township denies.
Township Supervisor John Holter said the situation is "unfortunate," a bizarre byproduct of emotions running high over a controversial issue. The attacks on township officials have become personal, Holter said, as residents drag past grievances with old friends to the forefront of township politics.
But for some denizens of Egelston Township, the low decorum is, in their opinion, nothing new.
A fight over drug-free neighborhoods
Michigan's Licensing and Regulatory Affairs department issued a new set of rules earlier this year that allow municipalities to regulate medical marijuana on their own terms.
At the heart of the struggle in Egelston Township is a fight over whether growers should be allowed to operate in residential neighborhoods.
As written, the proposed ordinance allows processing facilities in I-1 and I-2 industrial zones, provisioning centers in C-1 and C-2 commercial zones and growers in R-5 residential districts or I-1 and I-2 zones. Facilities must not be located less than 1,000 feet from a school, church or licensed day care facility.
The ordinance would also regulate how medical marijuana is distributed to Egelston Township patients and would discourage unregulated sales.
Janet Brott and several other residents are leading the charge against the growing in R-5. She doesn't disagree with the medical benefits of marijuana, but she does not want it grown in her neighborhood.
"We already have medical marijuana caregivers in our township. There's never been any complaints," Brott said. "They claim it's to help people, but we already have that here.
"We don't want dispensaries and we don't want growing facilities (in neighborhoods)."
Holter said Brott's concerns are valid, but said he believes the township will be able to control its production while also helping patients who rely on marijuana as medicine.
Only a few residents have spoken against the R-5 allowance at public meetings. Brott chalks their reluctance to "nasty" interactions with elected officials on social media and in private conversation, which she said amounts to intimidation.
Those interactions have been wars of words between a number of residents, Treasurer Kelly Giddings-Gerard, township trustees and planning commissioners.
In most cases, both sides have had their fair share of less than civil things to say about each other.
At a Nov. 14 Planning Commission meeting, things got heated between the pro and anti-medical marijuana factions. A public hearing on the ordinance was held that evening. Both Brott and resident Angela Hobby-DeCormier spoke out during public comment. They also sat together near the back of the room, with Holter sitting close behind them.
Both groups, including some planning commissioners, yelled or whispered angrily at each other throughout the course of the meeting.
Conflicts of interest
Compounding the issue is a perceived conflict of interest that Brott said has clouded the township's judgment on medical marijuana.
The controversy surrounds Gerard, who was elected in 2016, and her son, Justin Giddings, a licensed medical marijuana caregiver who intends to become a commercial grower in Egelston Township.
As an elected official, Gerard has a vote on the township board.
Brott and other residents say they believe that Justin's intention to become a commercial grower is a major problem, and that Gerard should have recused herself from the township's July vote to opt in. She also wants Gerard to recuse herself from any future vote on the ordinance.
Gerard said she is legally obligated to vote on the measure and that there is no conflict of interest - and she has the legal documentation to prove it.
At one point in the last few years, Justin began growing medical marijuana at Gerard's home in a pole barn in the backyard, Gerard said. Justin planted there, she added, because he lives near a school.
The state's 2008 Medical Marihuana Act does not prohibit caregivers from growing near school zones, but federal law prohibits drugs or other controlled substances from being within 1,000 feet of a school.
Justin has since moved his operation elsewhere, Gerard said, and hasn't grown marijuana there for several months.
Gerard said she does not stand to gain financially if her son becomes a commercial grower.
Under pressure from residents who know about Justin's operation, Gerard sought the advice of John Schrier, the township's corporate counsel from Parmenter O'Toole. Schrier is also the corporate counsel assigned to the city of Muskegon.
In an email dated Wednesday, Oct. 11, Schrier wrote that because Justin does not live with Gerard and will not share his profits with his mother, there is no legal conflict of interest. The email was provided to MLive-Muskegon Chronicle by Holter and Gerard.
"(Gerard) does not have a financial interest in the Township's decision," Schrier wrote. "Because (Gerard) does not have a conflict, (Gerard) has an obligation to vote on a proposed ordinance, assuming (Gerard) is present at the meeting.
"As a practical matter, where an elected official does not have a conflict but feels voting is inappropriate, i.e., if it involves the individual's employer, church friend, relative, enemy, competitor, etc., public bodies will allow disclosure of the reason and consider a request to be excused from voting."
Schrier continues by saying the township can "then decide whether to force the person to vote or allow the person to abstain."
Gerard said she has considered recusing herself from a final vote, but Holter said he believes trustees, seeing no conflict, will force her to vote on the proposed ordinance to allow growers in residential neighborhoods.
Hobby-DeCromier is another opponent of medical marijuana in residential neighborhoods, and has joined Brott's calls for Giddings to recuse herself.
Both Gerard and Hobby-DeCromier, during recent, separate interviews, have acknowledged they used to be good friends and have had business dealings in the past - Hobby-DeCromier leased a show horse from Gerard some years ago, which ended in bad faith on both sides and resulted in a broken friendship.
Work continues to perfect ordinance
Despite multiple speed bumps, a draft of the ordinance is currently under legal review. The next step is to put it before Holter and the board for a final vote.
Holter said it was unlikely that township trustees will get to see a final draft of the ordinance until the first part of 2018.
The legal review, Holter said, is a part of the township's process. But outgoing Planning Commission Chairman Rob Gustafson and Commissioner Barb Woudwyk, who voted against the measure on Nov. 14, were vocal about giving the ordinance to Schrier before passing it along.
Both Gustafson and Woudwyk's terms expire in 2018, and have not been recommended for reappointment. Township trustess voted on Monday during their last regular meeting of 2017 to appoint Cariann Avery and Don Darke to fill the empty seats.
A third planning commissioner, Lois Gunther, resigned on Dec. 18, as well. Holter said Gunther decided to retire because she is moving out of Egelston Township in the near future.
A special meeting is scheduled for Wednesday, Dec. 20, to appoint her replacement.
Brott and several residents say the decision to move on without Gustafson and Woudwyk was politically motivated because of their comments about medical marijuana - a claim that Holter vehemently denies and called patently false.
"These accusations are no more than personal and political attacks on myself and other Board members and are baseless," he said.
Holter added, according to state statute, it is the responsibility of a supervisor to recommend or not recommend names to the township board, which has the final say.
News Moderator: Ron Strider 420 MAGAZINE ®
Full Article: Marijuana regulation sparks conflict in Muskegon-area community | MLive.com
Author: Ben Solis
Contact: MLive contacts, services and support | MLive Contacts - MLive.com
Photo Credit: Getty Images
Website: Michigan Local News, Breaking News, Sports & Weather - MLive.com
