MI: Portage To Pursue Medical Marijuana Ordinances

Ron Strider

Well-Known Member
Portage intends to pursue medical marijuana ordinances involving facilities and zoning, with the specifics to be known by the end of December.

At a more than three-hour special committee of the whole meeting Thursday, the Portage City Council viewed proposed ordinance amendment options and heard from several in the audience on medical marijuana regulations. The session was attended by more than 25, including residents and those involved with medical marijuana.

While the seven council members said they support some type of ordinance, they differ on the specifics such as how many plants a grower could have; if the city should also get into regulating safety compliance facilities, provisioning centers and transporters; or if it should start slow and just deal with provision centers and growers.

The proposed timeline for drafting an ordinance calls for Dec. 5, council resolution of intent to adopt an ordinance; Dec. 19, committee of the whole to review draft ordinances; Dec. 21, Planning Commission workshop; Jan. 4, 2018, Planning Commission public hearing on zoning ordinance; Jan. 9, council first reading of draft ordinances; Feb. 6, council public hearing on draft ordinance; mid-February, open window for applications for prequalified candidates determined by Department of Licensing and Regulatory Affairs.

At Thursday's meeting, city staff provided a presentation outlining everything from the history of medical marijuana in Michigan to components of a draft ordinance. The public can view that presentation at https://portagemi.boardsync.com/Web/GenFile.aspx?ad=2525.

Staff is proposing an ordinance that would allow Class A growers up to 500 plants, processors and provision centers. The number of facilities, as proposed, would be in relation to population, 1 per 10,000 residents. Facilities could be no closer than 1,000 feet from schools, parks, churches, libraries or public housing, and cannot be adjacent to a residential district.

Several council members said they had issues with all the above, with some suggesting that the Class A 500-plant limit was too small or would place undue restrictions on growers.

On the issue of zoning, staff has suggested provision centers be in B-3 general business districts and growers and processors be in industrial districts.

Staff and council said that there is support in the community for having local medical marijuana licensing ordinances. A recent community survey showed that of those who responded by mail 56 percent supported provision centers for either Portage residents only or others and 43 percent were opposed. Those numbers were 66 percent and 32 percent of online responders.

On the issue of supporting growing operations, the mail responses were 53 percent in favor and 46 against, with online responses roughly 64 and 36.

City Manager Larry Shaffer said the presentation and proposals presented Thursday were arrived at after several discussions with those in the medical marijuana community, public safety and others.

"This is a big law," Shaffer said. "We only have one golden opportunity to get it right."

Mayor Patricia Randall, who is a cancer survivor but opted not to use medical marijuana in her treatment, said she supports the usage of the drug for patients in need and with proper regulations Portage can help them obtain it more easily and safely.

"My position is we can define ourselves or the state will define us," Randall said. "Why not be a leader and step up and decide how this will be done in our city?"

Several people spoke in favor of Portage adopting medical marijuana regulations.

"This will do nothing but provide more opportunities for the Portage community and surrounding communities," said Ryan Dickerson of Kalamazoo, who questioned some of the proposed regulations including number of plants allowed for growers.

Dr. David Crocker, of Michigan Holistic Health in Kalamazoo, said Portage has more than 900 medical marijuana patients, with most of them treated at his clinic. He said he has seen the real benefits of the drug for patients ages 3 to 97, and that in a country facing an opioid epidemic medical marijuana is proving to be a safer and better alternative medication.

"You would be providing a tremendous service to the people of the community," Crocker said. "That's why you are here: to serve the community."

Jevin Weyenberg, representing Lake Effect, Portage's only medical marijuana dispensary, said there is no doubt medical marijuana needs to be regulated and the Portage public has been clear on the issue.

"This is something that affects the family and the entire community," Weyenberg said.

On the issue of Lake Effect, which has been allowed to operate in the city for more than two years, the council is expected to vote Dec. 5 on an emergency ordinance that will allow the dispensary to continue operating after Dec. 15.

Medical marijuana entrepreneurs can apply to operate one of five types of facilities on Dec. 15, and LARA will begin giving out 1-year renewable licenses during the first quarter of 2018.

LARA recently issued a bulletin that said in places where patients have developed relationships with caregiver facilities, municipalities can allow them to remain open past Dec. 15. But, the department said, the local government must adopt an ordinance allowing it before then.

Randy Brown, Portage city attorney, said that the city does not have enough time to enact a regular ordinance by Dec. 15, but could have an emergency ordinance keeping Lake Effect operating. The emergency provision would allow Lake Effect to continue applying for a state license.

The issue is expected to be on Tuesday's council meeting agenda along with the council resolution of intent to adopt medical marijuana ordinances.

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