By David Fleet
Editor
Atlas Twp.-The planning commission rolled out possible plans to curb abuses of the Medical Marijuana Act of 2008 by caregiver provisions grown at township residences.
Township board along with planning commission members have received several calls from residents who border licensed caregivers growing medical marijuana for up to their maximum five patients. According to state law, caregivers are allowed 12 marijuana plants for each patient in their care. As a result up to 84 plants could be thriving in the yards of township residents which include 60 plants for patients, 12 plants for recreational marijuana use and 12 plants if the caregiver holding a medical card.
Township officials are finding that medical marijuana providers, different from the commercial growers, are setting up fairly large grow operations locally.
“These are popping up in residential area,” said David Lattie, township attorney.

We had one (grow facility) in Davison that turned out to be pretty big.”
On Sept. 16, the township planning commission discussed the issue with some possible resolutions.
Rick Misek, planning commission director said the township will consider setting up a registration system so, “at least we know (where) it (marijuana) is at.”
“This is only about the caregivers,” said Misek. “It’s not about the patients and their right to grow their own and it’s not about the recreational users. It’s only about those persons declaring themselves caregivers and applying to the state to be one.”
“We are not, in any way trying to inhibit the growth of medical marijuana for patients,” he said. “Our intent is to assure that is what they (growers) are doing. And, we’ll consider setback rules so the grow operations are not within a close distance from another dwelling. So, the stink becomes irrelevant.”
Misek said currently the township is considering language similar to the Davison Township ordinance, which includes a permit ordinance, application for permit and a resolution for a permit fee.
“We’ll continue the discussion in October planning meeting,” he said
Atlas Township along with other townships are now 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.
Prior to a recent Michigan Supreme Court ruling, lower courts ruled it’s hands off for municipalities, it’s voter approved, there’s nothing you can do about it regarding the growing of medical marijuana.
In November 2018 the township board of trustees voted 5-0 to prohibit all recreational marijuana establishments within the boundaries of the township. The ordinance followed a then new state law that went into effect in December 2018 when voters decided to legalize marijuana for adult recreational use by a 56-44 percent margin statewide. Michigan was the first state in the Midwest to offer weed for recreation. The recreational weed vote was a decade after Michigan voters OK’d medical marijuana in 2008.