Council Lifts Medical Marihuana Moratorium

(Crystal A. Proxmire)

 

The temporary moratorium on medical marihuana based businesses has been lifted, and City Council has set zoning ordinances regulating the placement and activities of facilities that grow and/or distribute the plant, which is used in pain management of many diseases.  On Aug. 23, 2010 Council voted 4-0 to approve the new ordinances (Councilperson Galloway was absent, but excused).

 

The ordinances limit facilities to M1 (limited industrial) and M2 (heavy industrial) with no limitation on space.  Distribution facilities can be located in OS, but can only have up to 20% of the floor space used for growing.  The Planning Commission, who studied the issue and made the recommendations to council, had considered allowing distribution in the commercial districts along Hilton and Nine Mile, but ultimately recommended that they not.  Council plans on looking further into expanding the allowed areas, possibly with the use of a zoning overlay area specific to medical marihuana related businesses.

 

Other provisions include that businesses must apply for a special land use permit, and cannot be located within 500 feet of each other, a school or a day care facility.  Caregivers must also keep records of the amount of product they have on hand, as well as proof of how many patients they have.  State law limits the amount of product that they can have on hand for any given patient.  Patients must be registered through the state, and having an excess inventory of medical marihuana is illegal.  The records will allow police to monitor inventory and patient counts, without violating the right of patient confidentiality.

 

It also creates a definition for Medical Marihuana Facility, being:A facility where primary caregivers and/or qualified patients, who are legally registered by the Michigan Department of Community Health (MDCH), may lawfully assist qualified patients, also legally registered by the MDCH, concerning the medical use of marihuana in accordance with the Michigan Medical Marihuana Act, as amended. A use purporting to be engaged in the medical use of marihuana prior to enactment of the Michigan Medical Marihuana Act or prior to being legally registered by the MDCH, shall be deemed to not be a legally established use and not entitled to legal nonconforming status under the provision of this ordinance and under state law."

 

Clinical Relief, a dispensary that opened up at 362 Hilton before the moratorium and new zoning ordinances were enacted, is able to continue doing business.  New businesses will have to open along specific areas of Woodward, Nine Mile and Eight Mile.

 

David Greene was one of about a dozen potential business owners who attended the Council Meeting in hopes that they City would allow business throughout the City.  “This squashes my plans,” Greene said.  “I put an offer in on an industrial property on Hilton to put in a soil-based farm.  The offer was contingent on what they decided, so now I’m back to square one.  It’s an MXD2 industrial area, and this is ideal for this kind of farm.  My use would be less dense than the type of manufacturing facilities already in the area.  A farm would be good for the city.”

 

Greene also says that by making businesses subject to a special land use permit makes it “unfair to people who want to open businesses.”  He said “this way they can deny a permit to anyone they want, so they can use it to keep businesses out even though they have a legal right to operate.  I’m very disappointed.”

 

Others at the meeting were upset that they were not given an opportunity to make public comment.  Some got up during the request for information portion of the meeting, and were told to wait for the time for public comment, although Council never announced the appropriate time to speak.  “There were a lot of people who came tonight to speak and have their opinions heard, and we were denied.  The City could have slowed down and taken time to make these decisions right,” said Rick Thompson of Michigan Medical Marijuana Magazine.

 

Thompson also said that the ordinance requires more record keeping than is required by the state.  “It’s another level of bureaucracy that is unnecessary and discourages patients because of fear of police.”

 

While not everyone agrees on the details, the people who came to speak generally agree that Ferndale is moving in the right direction.  “My opinion is positive,” said Bill Murphy who runs www.cannabusmi.com.  “Ferndale is being very proactive on this issue.  I still think this is the place to be.”

 

Councilperson Melanie Piana commended the Planning Commission on their work. “I really feel Ferndale is one of those communities that is leading the way along with Ann Arbor and Traverse City,” Piana said.  “I think we have done the right thing and taken the time to protect the businesses…and the residents… and the staff who have to enforce this.”

 

“We are involved in emerging law, and we are creating change.  The city of Ferndale will be on the map and on the news,” said Ferndale Mayor Craig Covey.

 

The meeting and the ordinances are available on the City of Ferndale website - http://ferndale-mi.granicus.com/MediaPlayer.php?view_id=2&clip_id=141.