A 180-day moratorium ‘prohibiting the establishment of any business or premises for the distribution or dispensation of marijuana? in Oxford Village was approved last week by council.
Council members did not discuss the moratorium during their meeting. They simply approved it as part of their consent agenda.
The village’s moratorium does not apply to people occupying premises as residents who have ‘a debilitating medical condition allowing the use of marijuana? under the Michigan Medical Marihuana Act, approved by state voters in 2008.
It also does ‘not restrict a licensed physician from prescribing marijuana compliant with state law.?
Village attorney Bob Davis wants the municipality to be ‘proactive? when it comes to addressing establishments related to medical marijuana.
So, even though he advised council against imposing a moratorium on such places because ‘moratoria are not regarded favorably by the courts,? Davis is okay with having one as long as the village is working on the issue and making progress.
‘The concept here is that we have a moratorium in place, but we’re going to be very active and we’re going to emerge at the end of that six months with a plan,? he said. ‘You can’t just say we’re going to have a moratorium on signs and then not work out a sign ordinance.?
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 been openly operating, but they have been the target of raids by law enforcement agencies.
Just because dispensaries are unlawful now doesn’t mean they will continue to be prohibited in the future.
‘Nothing on that has changed (so far), but I do believe changes are coming,? Davis said. ‘I think everybody believes that.?
‘My advice to the village is let’s get out in front of this. Let’s stay ahead of what’s happening and let’s be ready, so we’re not caught with our pants down,? Davis continued. ‘My goal for the village is to get ahead of where the medical marijuana laws are heading, so that we are 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 of the sudden, we’re scratching our heads, trying to react.?
Village planning commissioners were expected to discuss the issue at their Nov. 17 meeting.
‘It will be analyzed and drafted with the planner and the planning commission for presentation to the council,? Davis said.
In an effort to prevent medical marijuana dispensaries from opening their doors in the village, council, in 2012, approved an amendment to the municipality’s zoning ordinance stating, ‘Uses for enterprises or purposes that are contrary to federal, state, local laws or ordinances are hereby expressly prohibited.?
It was modeled after language passed in the City of Livonia in 2009.
The idea behind the ordinance language was dispensaries would not be permitted in the village because under existing federal law, the use of marijuana for any reason is illegal.
There is no federal exception for medical marijuana. The federal government classifies marijuana as a Schedule 1 drug, meaning it has a ‘high potential for abuse? and it ‘has no currently accepted medical use in treatment.?
In an Oct. 5 memo to council, Davis recommended the village discuss removing this amendment from the zoning ordinance because it’s ‘very similar? to language enacted by the City of Wyoming (Michigan), which was struck down by the state Supreme Court in February 2014.
‘Here, a court could similarly rule that the amended language utilized by the Village of Oxford is also void and unenforceable,? the attorney wrote.
‘I believe the courts have made it clear that’s not appropriate,? Davis told this reporter.