Michigan: Gaylord Medical Marijuana Ordinance Amendment Approved

Robert Celt

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The Gaylord City Council approved an amendment to the city zoning ordinance in regards to medical marijuana facilities at their meeting Monday despite a small amount of opposition.

Council members approved the proposed amendment 5-1 – with Councilman Todd Sharrard opposed and Councilman Bill Wishart absent – and the amendment is now expected to become effective within the next 30 days.

"It supports the community," said Chad Morrow, co-owner of the Gaylord medical marijuana dispensary Cloud 45, and one of the leaders of a petition initiative leading to the adoption of the amendment. "(The city council) listened to the community. They are doing their job and following their constituents."

Before voting, a lengthy discussion was held, during which time two audience members spoke out against the amendment.

Pat Turley, owner of Four Star Nutrition, 604 W. Main Street, said her business had issues with a medical marijuana dispensary that opened in the same strip mall and later closed after it and several additional medical marijuana dispensaries in Gaylord were raided by Straits Area Narcotics Enforcement May 27.

Turley and her husband's biggest concern dealt with the smell and the loss of business she claims results from operating a business near a dispensary.

"The smell in our club was terrible," she said. "We were going to move but, fortunately, that was right before you had the raids on the dispensaries and they did not return. We were going to lose a lot of money for our business."

When asked why she did not share her story at the public hearings regarding the proposed amendment, she claimed she was not allowed an opportunity to speak.

Though she said she did not necessarily want an outright ban on medical marijuana dispensaries, Turley said the city should adopt stricter guidelines if choosing to put such an amendment into effect.

"I don't think it's fair that you would be able to put a facility like that in a strip mall where other businesses will be harmed," she said. "I'm not saying they don't have the right to have a business, I'm saying that they should not impose on other businesses and ruin other businesses because of their product."

With the amendment taking effect soon, it will officially add medical marijuana provisioning centers as an approved use in areas deemed C-1 and C-2 Commercial District by the city zoning ordinance.

Paul Slough, city attorney, changed the original amendment submitted as a result of a petitioning drive led by Chad Morrow and Alan Witt, owners of Cloud 45, a medical marijuana dispensary.

Because of the original amendment being too broad, Slough took the term medical marijuana provisioning center and broke it up into three different terms, including medical marijuana growing operation, medical marijuana processing center and medical marijuana provisioning center.

Once he completed the revisions the following definitions applied:

- A medical marijuana growing operation is defined as "any lot or premises used to cultivate, dry, trim, or cure marihuana for sale."

- A medical marijuana processing center is defined as "any lot or premises used in the extraction of resin from marihuana or the creation of a marihuana infused product for sale and transfer in packaged form."

- A medical marijuana provisioning center is defined as "any lot or premises used to sell, supply, or provide marihuana at retail to qualifying patients under the Michigan Medical Marihuana Act, MCL 333.26423, directly or through the patients' registered primary caregivers."

Joe Duff, city manager, previously said the amendment would also require the city to meet with future owners and review a zoning map to show where a dispensary could or could not open.

He said the city also would regulate signage and additions to the building being used.

Though it was previously believed the amendment to the city zoning ordinance would have to go through a first and second reading before going into effect, Slough said it was not necessary. Instead, the city first had to notify the city utility companies – telephone, natural gas, electric, railroad and others – of the potential amendment. After completing this first step, the amendment next required a motion of adoption or denial from a member of the city council, which was completed by Councilman Patrick Mankowski.

After presenting the motion, a roll-call vote was held, culminating in the 5-1 vote of approval.

Duff said the city now has 15 days to publish a notice in the Herald Times alerting Gaylord residents of the amendment. He said the amendment will go into effect 15 days after the notice is published.

Slough has been advised by Duff to prepare the notice and Duff said he expects the notice to print within the next two weeks.

Council members discussed the future of the amendment if it were to pass, including the possibility of adding more city regulations – like rules concerning the distance between dispensaries and schools or churches – and how it would be impacted if the state were to implement medical marijuana legislation.

Morrow said the city was open to working with him and others on this issue, and based on that teamwork, he said is comfortable going forward, regardless if additional regulations are added or not.

"Just like in this whole process, we were able to work with them and they worked with us," he said. "Even in the future, with any more amendments or any more changes, we want to work with them."

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News Moderator: Robert Celt 420 MAGAZINE ®
Full Article: Michigan: Gaylord Medical Marijuana Ordinance Amendment Approved
Author: Mark Johnson
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