There was lots of smoke, but no fire last week as the Oxford Village Planning Commission decided against taking any action regarding proposed ordinance language for medical marijuana facilities.
Commissioners want to wait and see what happens with some state legislation that could have a significant impact on the way medical marijuana is grown, processed and distributed in Michigan.
‘This is absolutely game-changing,? said Christopher Khorey, a principal planner with the Northville-based McKenna Associates who drafted a proposed amendment to the village’s zoning ordinance.
On Oct. 7, the state House voted 95-11 to pass H.B. 4209.
This bill serves as a licensing act to allow for the legal operation and regulation of five types of defined commercial medical marijuana facilities. Included are growers, processors, secure transporters, provisioning centers and safety compliance facilities.
Right now, the only way patients who qualify to use marijuana under the Michigan Medical Marihuana Act (MMMA), approved by state voters in 2008, can obtain the drug is to either grow it themselves or have it provided by someone who is registered with the state as their primary caregiver. Each caregiver can only serve up to five patients.
This legislation would allow commercial facilities to enter the mix by purchasing marijuana from growers or processors, then selling, supplying or providing the drug directly to registered qualifying patients or indirectly through their registered primary caregivers.
Such facilities would be called provisioning centers and the legislation states they would include ‘any commercial property where marihuana is sold at retail? to registered patients or caregivers.
Basically, they’re dispensaries under a different name.
Under the bill, municipalities would have the ability to adopt an ordinance authorizing one or more of the five types of medical marijuana facilities within their boundaries and to limit the number of each type.
Each municipality would have complete control over whether or not to allow these facilities.
‘A marihuana facility shall not be licensed (by the state) unless the municipality in which the marihuana facility is located has adopted an authorizing ordinance,? the bill states.
Under the proposed legislation, each provisioning center’s gross retail income would be taxed at a rate of 3 percent and the proceeds would go into a ‘medical marihuana excise fund? created in the state treasury.
Twenty-five percent of this tax revenue would be channeled into the state’s general fund.
The remaining 75 percent would be distributed to municipalities and counties in which medical marijuana facilities are located. Municipalities would receive 30 percent, counties would get 40 percent and county sheriff’s offices would receive 5 percent.
How much money a municipality or county is allocated would be in proportion to the number of marijuana facilities within its boundaries, according to the bill.
As state legislators address the issue, Oxford Village has begun the process of creating a zoning ordinance amendment to regulate medical marijuana facilities.
While that’s being crafted, council, on Nov. 10, imposed a 6-month moratorium ‘prohibiting the establishment of any business or premises for the distribution or dispensation of marijuana? in the village.
The MMMA is completely silent on the issue of medical marijuana dispensaries. However, such establishments were made illegal by a 2013 Michigan Supreme Court ruling. Despite this, many dispensaries have continued to openly operate, but they have been the target of raids by law enforcement.
Village attorney Bob Davis, in an effort to get the municipality to be ‘proactive,? recommended drafting zoning ordinance language now ‘to get ahead of where the medical marijuana laws are heading,? so Oxford is ‘already planning for these facilities and not reacting.?
‘I want the village to be prepared, so that we have established zoning principles already in place to accommodate and accept these uses in a manner that we want, not (based on) what falls into place and then, all the sudden, we’re scratching our heads, trying to react,? he previously told this reporter.
In response to this, Khorey drafted a proposed zoning ordinance amendment to regulate medical marijuana activities that are currently legal in the state.
Under the proposed language, qualifying patients would be allowed to grow and store marijuana in their homes and state-registered primary caregivers would be allowed to grow and distribute marijuana as a ‘home occupation.? Caregivers would be required to obtain a zoning compliance permit from the village ‘prior to beginning operation.?
As a home occupation, caregivers would be required to deliver their product to their patients. Patients would not be allowed to pick it up at caregivers? homes, according to the proposed language.
Khorey noted the marijuana would have to be grown according to state law, meaning the plants must be kept in an enclosed, locked facility. ‘It can’t be planted in the backyard with the tomatoes,? he said.
The proposed amendment would also allow primary caregivers to utilize space in the village’s industrial district for growing and storing marijuana provided they are granted a special use permit.
Prohibited under the proposed ordinance would be medical marijuana dispensaries, cooperatives, compassion clubs and other related uses ‘not explicitly permitted by Michigan law.?
Commissioner Maureen Helmuth, who also serves on the village council, asked why compassion clubs were included in the prohibited facilities.
‘Compassion clubs have been used in other communities as dispensaries,? replied Khorey, who noted they are supposed to be used for educational purposes only.
For example, the Michigan Medical Marijuana Association (M3A) defines its locally-sanctioned compassion clubs as ‘community-based support groups of patients, caregivers, families and loved ones, local caregiver groups, and the public, who meet regularly to learn and provide mutual support.?
‘Compassion Clubs discuss issues effecting Michigan’s medical marijuana community, and promote the open exchange of ideas and information,? according to the M3A website.
In the proposed zoning amendment, Khorey defined compassion clubs as facilities that are ‘typically operated with the intent of dispensing advice about the use of marijuana for medical purposes.?
Khorey indicated he’s open to removing compassion clubs from the list of prohibited facilities.
Under the proposed ordinance amendment, any business that primarily exists to sell smokeable products, smoking accessories and/or smoking paraphernalia would be considered a special use in the C-1 Core, C-1 Transition and C-O zoning districts. They would be a permitted use in the C-2 district.
This would allow the village ‘to determine on a case-by-case basis? which smoking-related retail businesses are ‘appropriate? for the downtown area and which are not, according to Khorey. The village would be able to allow ‘high-end? businesses that could benefit the downtown and keep out others that could have a ‘negative impact,? Khorey explained.
In his memo to the planning commission, Khorey explained marijuana-related retail businesses would continue to be prohibited in all village zoning districts under the proposed language, unless they’re legalized by the state, ‘in which case this new provision would apply to them.?
‘We’re facing the inevitable,? noted Planning Commissioner Stephan Nahas. ‘It’s going to be legal one day. I’m not saying it’s going to be next year or the next election, but it’s happening. It’s a movement.?