By David Fleet
Editor
Atlas Twp.- On Monday night the board of trustees voted 5-0 to adopt a medical marijuana caregiver permit ordinance to require medical caregivers to obtain a permit to operate and to provide penalties for a violation. An application fee of $250 was also approved.
Over the past year township officials have discussed concerns over an abundance of medical marijuana grown at residences.
“This is the first part of a two part process to make sure the township regulates as much as possible medical marijuana caregivers,” said David Lattie, township attorney.

“These individuals provide medical marijuana to identified patients through a state organized registration process.”
The township has not agreed to allow any marijuana processing operations for medical or recreational, he added.
According to state law caregivers are allowed 12 marijuana plants for each patient in their care. Over the past years several calls from residents who boarder licensed caregivers growing medical marijuana for up to their six patients, have reported issues such as strong odors from the plants. As a result up to 72 plants, that’s 12 plants for each of the six individuals are thriving, in the yards of township residents.
“The next step in the process is when the planning commission analyzes where to require the location of medical marijuana caregivers in certain zoning districts,” said Lattie. “They may see a recommendation from WadeTrim as to particular zoning districts that may or may not be appropriate for the township to consider. Tonight’s ordinance is not a zoning ordinance, it’s just for registration. It does not outlaw caregivers providing medical marijuana for patients. It just makes sure they follow very specific guidelines required by the state. It all is made possible by a state supreme court ruling earlier this year.”
Prior to a recent Michigan Supreme Court ruling, lower courts ruled its hands off for municipalities, it’s voter approved, there’s nothing you can do about it regarding the growing of medical marijuana.
Now, Atlas along with other townships are using the April 2020 supreme court ruling in DeRuiter vs.Township of Byron that municipalities can now regulate zoning for medical marijuana grow facilities. In a unanimous decision, the high court voted to allow for “reasonable zoning” for caregiver growing. Caregivers will now also need permission and require a permit from municipalities prior to starting an operation. However, the permit requirement does not effectively prohibit the medical marijuana use, said the court. Michigan is just one of 12 states that have legalized marijuana.
Lattie said the township can now set up a registration system so, “at least we know (where) it (marijuana) is at.” The new rule would include an accounting system and accounting for plants.”
“For the first time communities are allowed to regulate these types of operations as long as they don’t conflict with the regulations of the state,” he said. “This is not met to prevent it or hurt any individuals who need medical marijuana for their care, but to regulate operations  where it’s more than individuals growing for their own purposes.”