Report to the Community on the Medical Marihuana Home Occupation Ordinance
On November 2, 2008, 63% of Michigan voters approved the ballot initiative for the Medical Marihuana Act, which took effect on December 4, 2008, to legalize the use of marihuana by qualifying patients who have a debilitating medical condition, as described on an attending physician’s statement. This enables certain specified persons to legally obtain, possess, cultivate/grow, use, and distribute marihuana.
The Michigan Department of Community Health adopted rules to implement the Act on April 4, 2009. The Act does not specify how patients and caregivers may acquire marihuana for medical purposes. The Act also conflicts with federal law. There are numerous questions raised by local community and law enforcement regarding the Medical Marihuana Act. It is expected that court decisions or new state law may resolve a number of issues.
One question asked repeatedly is if medical marihuana can be distributed through pharmacies and doctor’s offices. The federal government classifies marihuana as a Schedule 1 drug, which means that licensed medical practitioners and pharmacists cannot prescribe or distribute it. A physician may provide certification of “debilitating medical conditions” and can only recommend the use of medical marihuana.
Patients who register with the Michigan Department of Community Health pay a fee of $100 based on the submission of an approved application and provide physician certification to receive a registration card. This allows the qualifying patient to possess 2.5 ounces of usable marihuana (excluding seeds, stalks, and roots) and 12 marihuana plants, which must be kept in an enclosed locked facility.
The requirements of a caregiver include an age requirement of 21 years old, no felony convictions involving illegal drugs, and agree to assist patients with medical use of marihuana. Caregivers must also register with the Michigan Department of Community Health, who will issue a registration card. The caregiver may also be a registered patient. The caregiver can only possess marihuana if designated to do so by qualifying patients. Each caregiver is allowed no more than 5 patients. A caregiver with 5 patients can possess up to 12.5 ounces and up to 60 plants in an enclosed locked facility.
A few municipalities in Michigan have already drafted or enacted ordinances in response to the new State statute. The City of Livonia enacted an ordinance prohibiting land uses for any enterprise or purposes that are contrary to federal law. Some communities have passed or drafted an ordinance that simply reiterates the statute’s requirements.
The Michigan Municipal League has taken the lead in bringing together a number of communities to discuss the most effective way to deal with the State statute. Many municipalities are addressing it through their zoning ordinances. The City of Grand Rapids, for example, identifies primary caregivers as conducting home occupations and proposes the following regulations:
· Prohibits primary caregivers from being located within 1000 feet of a school or a day care facility.
· Prohibits more than one primary caregiver from operating on any parcel.
· Prohibits more than five qualifying patients from being assisted in a calendar week.
· Requires review and approval of enclosed, lock facilities where marihuana is stored by the Building Official and Police Department.
Another example is the City of East Lansing. Their ordinance is currently under review and has draft language similar to the City of Grand Rapids.
The Public Safety Committee has been working tirelessly on a draft ordinance. We have held meetings with the City Attorney, the Ingham County Prosecutor, and have been involved with training from the Michigan Municipal League. The Committee has completed reviewing its draft ordinance and referred it to the Planning Board for their review. The draft ordinance is similar to Grand Rapids and East Lansing’s Home Occupation ordinances and includes the following:
· Prohibits more than one primary caregiver from operating on any parcel.
· No signs shall be posted on the lot advertising any home occupation.
· Any equipment or space where the growth of marihuana exceeds levels reasonable for residential use it must be approved by the Board of Zoning Appeals.
· Any application to the Board of Zoning Appeals where the structure is within 300 feet of another parcel must be approval by the Fire Marshall and Building Safety Office.
· Cannot be within 1000 feet of:
1. Public or private elementary, vocation or secondary school; a public or private college, junior college, or university; a playground; a church or other structure in which religious services are conducted; a facility offering substance abuse prevention services or substance abuse treatment and rehabilitation services.
2. Public or private youth center, public swimming pool, or video arcade facility.
· All marihuana plants shall be kept in an enclosed, locked facility.
Following an initial review of the ordinance, the Planning Board will hold a public hearing, review the draft ordinance based on comments heard, and submit its recommendation to City Council. The Public Safety Committee will consider recommendations from the Planning Board and City Council will then hold a public hearing. After the public hearing, the Committee will consider all comments and concerns, make the necessary changes, and submit it to the full City Council for a vote.
The issue of the Medical Marihuana Act continues to raise numerous questions. We are hopeful that a new state law or future court decisions may resolve some of the inconsistencies. In the mean time, the Ingham County Prosecutor, the City Attorney for Lansing, Chief of Police and the Public Safety Committee will continue working to draft an ordinance that both preserves the stability of our neighborhoods, community, and protects the rights of caregivers and patients.
Please feel free to contact me with any question or concerns. It is extremely important that I have your input on this draft ordinance. I am also willing to attend neighborhood meetings to answer any questions regarding the proposed.
You can reach me by email at cwood@lansingmi.com or by calling the City Council office at 483-4188.
