Pubdate: Wed, 23 Jun 2010 Source: Spinal Column Newsweekly (Union Lake, MI) Copyright: 2010 Linear Publishing Contact: http://www.spinalcolumnonline.com Details: http://www.mapinc.org/media/4425 Author: Leslie Shepard-Owsley Cited: Walled Lake City Council http://www.walledlake.com/index.php?page=citycouncil Referenced: Medical Marijuana Act http://drugsense.org/url/8mvr7sW8 Bookmark: http://www.mapinc.org/topic/Michigan+medical+marijuana Bookmark: http://www.mapinc.org/topic/dispensaries WALLED LAKE CONSIDERS MEDICAL MARIJUANA LAW The city of Walled Lake may be the first municipality in the lakes area to enact an ordinance regulating the operation of medical marijuana dispensaries. Walled Lake City Council approved a first reading of an ordinance at its June 15 meeting after tabling the initiative last month. "A couple of businesses are looking at the possibility of coming into the city, and that's why we need some regulation, otherwise the way the zoning and planning are currently, we could have them come in with no regulation at all," Mayor William Roberts said. "The ordinance helps protect the community as a whole, and creates a situation where the potential business must live up to state and local ordinances." The proposed ordinance amendment requires a local license to operate a medical marijuana dispensary within the city and sets forth certain operating standards. "We're being proacative, just in case," council member John Owsinek said. "We'll allow them but with good restrictions." According to City Attorney Vahan Vanerian, due to the lack of existing precedent regarding interpretation of Michigan's recently enacted Medical Marijuana Act, there are limited state resources to draw upon in preparing local ordinances. "It's unprecedented in Michigan," said Vanerian. "All communities addressing this are venturing into uncharted waters to try and regulate it at the local level. Currently, there are no court decisions applied to the statute in specific cases, and there is a general lack of consensus among municipal attorneys that don't really know the scope of permissible local regulation until cases make their way through the judicial process." The ordinance amendment was subsequently drafted, drawing upon local ordinances from other states which have medical marijuana laws similar to Michigan. A medical marijuana dispensary is defined as any land, facility, building or structure used, maintained, or occupied to sell, furnish, dispense, distribute, prepare, process, cultivate, use, display or exchange marijuana for a medical use by another, as provided and authorized by the Michigan Medical Marijuana Act. A dispensary may include one or more primary caregivers operating under a single license, provided they each comply with the requirements of the act and the local ordinance. The ordinance further states that a person shall not engage in the business or occupation of a medical marijuana dispensary within the city without first obtaining a license by the city. It will only be issued if it is located in a commercial or industrial zoning district. The city manager is authorized to issue the license application as long as it meets city guidelines. A license shall not be issued or renewed unless it complies with provisions, requirements, or restrictions arising under the Michigan Medical Marijuana Act for cultivating, possessing, distributing, furnishing, using, selling, or exchanging marijuana for a medical use. Moreover, the dispensary cannot be located within 1000 feet of a school or another dispensary. The ordinance stipulates that the licensee, and all persons operating under the license, must hold the city harmless of any claims, damages, injuries, or liabilities that could arise out of related acts, omissions, activities or conditions related to a licensed medical marijuana dispensary. A security plan must be in place. A dispensary must provide adequate security and lighting on-site to ensure the safety of persons and protect the premises from theft at all times. Usable marijuana on site, when not actively dispensed or transported, must be kept or stored within a secured, locked enclosure accessible only to caregivers and/or qualifying patients as permitted under the Act. The city opted to change initial language that stated that the security plan would include but it would not be limited to, lighting, alarms, barriers, recording and/or monitoring devices, security guard arrangements and that the plan would require the inclusion of a detailed description of all facilities and equipment as well as a map of the boundaries, and procedures for documenting the source of the marijuana to be dispensed, in addition to tracking procedures. "They are still required to submit a security plan, but the security requirements differ depending on the location and proposal. The city will be looking at each proposal on a case-by-case basis to make sure each site is safe," Vanerian said. "The security plan is more than adequate, but it is a first reading, and can be adjusted before it's adopted," Roberts said. A criminal background investigation shall be conducted on each individual identified in the application. Initially the ordinance provided a provision that ensured periodic inspections at the dispensary, but the language was modified in the revision. "Originally we never put in an expiration date on the license, but now they must be renewed annually," Vanerian said. "Therefore, when the license expires it will be reviewed and inspected as part of the renewal process." It also addresses waste disposal procedures. Hours of operation would be limited to Monday through Saturday, 10am to 8pm and Sunday noon-7pm. Any violation of the ordinance would be guilty of a 90-day misdemeanor offense punishable by up to 90 days in jail, or up to a $500 fine. City council plans to have a second reading of the ordinance on July 6, with adoption 21 days after publication. - --- MAP posted-by: Richard Lake