MI - Seed Planted for Medical Marijuana Zoning

Seed Planted for Medical Marijuana Zoning
Posted by CN Staff on April 26, 2009 at 07:43:29 PT
By Catherine Kavanaugh, Daily Tribune Staff Writer
Source: Daily Tribune

medical Royal Oak, MI -- Some city officials want to weed out the possibility of medical marijuana suppliers growing 60 plants in their houses by requiring them to set up shop in a general business district.

Registered primary caregivers can grow 12 plants each for up to five qualified patients under a Michigan law passed last November.

The Plan Commission is looking at regulating where some growing operations can locate. Royal Oak could be one of the first â?? if not the first â?? community in the state to set up zoning rules for people supplying patients.

"I haven't heard of anything like this. It will be interesting to see what comes of it," said James McCurtis, spokesman for the Michigan Department of Community Health, which registers primary caregivers and qualified patients.

The Plan Commission set a public hearing on proposed changes to the zoning ordinance for 7:30 p.m. May 12 at City Hall. The amendments would define primary caregivers as medical marijuana dispensaries and allow them in general business zones only as a special land use, which adds a level of scrutiny.

In Royal Oak, Woodward Avenue, Main Street north of the downtown, and some parts of Coolidge Highway and 14 Mile Road are general business districts.

The zoning amendments wouldn't affect residents with written certification of debilitating medical conditions, such as cancer, AIDS, epilepsy and multiple sclerosis, who are growing marijuana for personal use.

If the ordinance is adopted, a qualified patient could still grow up to 12 plants at home indoors and possess up to 2.5 ounces of marijuana, according to Doug Hedges, city planner. If more than one qualified patient lives in a house, each can grow up to 12 plants.

The zoning amendments would affect people growing marijuana for one or more qualified patients.

"Primary caregivers can be compensated so that has the potential to be a business," Hedges said. "We don't think that's suitable for a house. We want to treat it similar to other medical services."

However, one primary caregiver probably won't be able to afford rent in a general business district as well as growing supplies and utility bills for lights and water, Plan Commission member Stacie Vorves said.

"If we're going to require this in a business district, we won't have medical marijuana grown here," Vorves said.

To make it economically feasible, Hedges said several primary caregivers could form a consortium to lower costs and serve more patients. This idea comes from Berkeley, Calif., he added.

"We see a potential for four or five primary caregivers to act together as a business," Hedges said.

But Vorves doubts they will.

"It's a good excuse but that doesn't happen too much in business," he said.

Vorves isn't sure he will support the zoning changes. He said as long the state law limits primary caregivers to grow up to 60 marijuana plants, he thinks it should be allowed as a home business.

"I don't care if people are growing pot or tomatoes. If both are legal, what's the difference?" Vorves asked.

McCurtis said the state has no opinion on whether cities limit primary caregivers to business zones, but the courts might.

"I hate to say it, but as we get more creative subsets of the law there will be legal challenges," McCurtis said.

The state law also doesn't address growing or possessing medical marijuana within 1,000 feet of a school, which is a drug-free zone, or employer drug testing of qualified patients.

Note: Public can pipe up about ordinance at May 12 hearing.

Source: Daily Tribune, The (Royal Oak, MI)
Author: Catherine Kavanaugh, Daily Tribune Staff Writer
Published: Sunday, April 26, 2009
Copyright: 2009 The Daily Tribune
Contact: [email protected]
Website: Daily Tribune : Breaking news coverage for southeastern Oakland County, Michigan
URL: Seed planted for medical marijuana zoning - Daily Tribune: Breaking news coverage for southeastern Oakland County, Michigan