Pubdate: Sun, 26 Apr 2009
Source: Macomb Daily, The (MI)
Copyright: 2009 The Macomb Daily
Contact:  http://www.macombdaily.com/
Details: http://www.mapinc.org/media/2253
Author: Catherine Kavanaugh
Bookmark: http://www.mapinc.org/topic/Michigan+Medical+Marijuana
Bookmark: http://www.mapinc.org/mmj.htm (Marijuana - Medicinal)

PROPOSED ZONING LAW ENCOURAGES CONSORTIUMS TO GROW MARIJUANA

Some Royal Oak 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 - if not 
the first - 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 will conduct a public hearing on proposed changes 
to the zoning ordinance 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.

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, as is done in Berkeley, Calif.

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. 
- ---
MAP posted-by: Richard Lake