Pubdate: Thu, 17 Feb 2011
Source: Daily Tribune, The (Royal Oak, MI)
Copyright: 2011 The Daily Tribune
Contact:  http://www.dailytribune.com/
Details: http://www.mapinc.org/media/1579
Author: Catherine Kavanaugh, Daily Tribune Staff Writer
Cited: Huntington Woods http://www.ci.huntington-woods.mi.us/
Bookmark: http://www.drugsense.org/cms/geoview/n-us-mi (Michigan)

HUNTINGTON WOODS EXTENDS MEDICAL MARIJUANA BAN

HUNTINGTON WOODS - Elected officials extended the medical marijuana 
moratorium as they move forward with a special land use law that will 
treat primary caregivers like any other business.

A public hearing on the proposed ordinance will begin at 7:30 p.m. 
Monday, when the City Planning Commission meets at Huntington Woods 
City Hall, 26815 Scotia.

The city already prevents primary caregivers from growing medical 
marijuana as a home occupation. The pending ordinance will set up 
guidelines for them to be in commercial areas on 11 Mile Road and 
Coolidge Road if they are granted a special land use permit from the city.

A primary caregiver can grow up to 12 plants each for five patients 
plus 12 patients for their own use if they also are a patient, City 
Planner Bonnie Cook said.

"Sixty to 72 plants would run you out of house and home," Cook said. 
"If you're a caregiver you have got to be in a district other than 
single-family. No one in the medical field -- doctors, nurses, nobody 
- -- can operate at home. We're not singling anyone out. We have never 
allowed medical care at home at any time and we won't start with marijuana."

The one exception is that qualifying medical marijuana patients can 
be their own caregivers and grow up to 12 plants for their own use.

"If you are a patient growing for your use we don't have 
restrictions," Cook said. "A primary caregiver can collect money so 
that's not permitted in a home. There are home occupations that can 
be problematic, like auto body repair or a chocolate business."

The proposed ordinance lists standards for planning commissioners to 
consider when special land use permits are requested by anyone. City 
officials will determine if applicants have enough parking, proper 
lighting and signs, won't create noise, vibrations or pollution, 
won't attract criminal activity, and won't cause public safety problems.

"There also can be no adverse effect on residents' use and enjoyment 
of their residences, parks and playgrounds," Cook said. "That's in 
there because most business property is next to or close to parks."

If the local law passes, a special land use permit only would be 
issued for one caregiver wanting to grow in a commercial district; it 
wouldn't allow caregivers to form a consortium and operate a 
dispensary as Royal Oak had considered. If caregivers think it would 
be cost prohibitive to grow for five patients in a commercial space, 
Cook said they should take it up with Lansing.

"It's not up to us to consider whether someone can make a profit or 
not," Cook said. "If caregivers are disgruntled because they can't 
make enough money, they need to go to the state and say the law is 
too limiting. I envision this as a cottage industry like the state 
law envisions. The state law is written for a primary caregiver to 
have a personal relationship with the person he or she is taking care 
of. That's what we're trying to promote."

In 2008, 79 percent of Huntington Woods voters approved medical 
marijuana compared to 63 percent throughout Michigan.

"We have an indication that our voters are not opposed to medical 
marijuana so our goal was to find a way to make it compatible with 
life in Huntington Woods," Cook said. "We came up with general 
standards that can be applied to other businesses as well."

Special land use permits wouldn't be issued for dispensaries because 
they aren't allowed under the state law or for compassion clubs," 
Cook also said.

"This ordinance is not meant for people who use the guise of medical 
marijuana to get high. This isn't a social marijuana law," she said.

On Tuesday the City Commission extended the medical marijuana 
moratorium on commercial operations another 90 days to cover the 
period when the proposed ordinance is up for public debate.

City Commissioner Jules Olsman said he was anxious for Huntington 
Woods to get a local law on its books until he realized the 
complexity of the issues and the consequences other communities are facing.

"I believe it is our obligation to defer to the will of the people, 
but we've got to get this right," Olsman said. "I'd rather be on the 
sidelines and watch other cities."

Two medical marijuana users are suing Royal Oak for its ban on all 
residential and commercial growing operations by patients and caregivers.

City Manager Alex Allie said Huntington Woods is trying to work with 
the state law while protecting neighborhoods.

"This is something we think is realistic, workable and perhaps a 
model for other cities," Allie said.  
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MAP posted-by: Richard Lake