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Posted on Mon, Nov 22, 2010 : 11:18 a.m.

Chelsea City Council expected to vote on banning medical marijuana dispensaries in the city

By Lisa Allmendinger

The Chelsea City Council will consider a change to its zoning ordinance Tuesday that would prohibit medical marijuana dispensaries in the city.

The amendment is up for first reading after the Chelsea Planning Commission unanimously recommended approval at a special meeting earlier this month.

Jim Drolett, the city’s planning and zoning administrator, previously said the text amendment “would apply to any use that is contrary to federal, state or local laws or ordinances.”

There are one office and six commercial districts in the city that would allow clinics under current zoning regulations.

“The intended purpose of this proposed amendment (is) to prohibit the establishment of any uses within the city which violate federal law, and this amendment by inference would prohibit medical marijuana dispensary clinics as the sale and distribution of marijuana violates federal law,” according to the explanation of the agenda item.

Although Drolett has said he received a few calls about them, there are no pending applications or established medical marijuana dispensaries in the city.

On Sept. 21, the Planning Commission held a public hearing on the proposed text change and tabled the item until October. Commissioners then held a work session on the topic.

At the special meeting in November, the planning commission unanimously approved a recommendation to adopt the proposed amendment to the city’s zoning ordinance and sent it to the city council.

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Medical marijuana dispensaries may be prohibited in Chelsea.

“The issue of medical marijuana dispensaries, ‘clinics’ has been a growing concern since the use was voted upon in 2008. Some communities have attempted to control the spread of the ‘clinics’ by allowing them only in certain zoning districts, others prohibit them as the activity violates federal law. Staff feels this amendment is the preferable method for controlling these types of activities,” the agenda item states.

If approved, the ordinance change would be placed on the Dec. 14 meeting for its second reading.

On Sept. 28, the city council placed a 60-day moratorium on the establishment of medical marijuana dispensaries while the planning commission deliberated on the issue.

The Chelsea City Council meets at 7 p.m. at the Washington Street Education Center, 500 Washington St.

Lisa Allmendinger is a reporter for AnnArbor.com and can be reached via e-mail at lallmendinger@sbcglobal.net.

Comments

Huron74

Tue, Nov 23, 2010 : 1:57 p.m.

@Daniel Malo You have it right. Begging nanny to be able to buy weed with a doctor's note is just beneath the dignity of a free people. Proof of age at a licensed seller is all that should be necessary. If Chelsea wants to say such business can't be close to a church, school, parks and etc. is one thing, but outright prohibition of a legal business is just beyond the pail.

Huron74

Tue, Nov 23, 2010 : 12:16 p.m.

@Daniel Malo You have it right. Begging nanny to be able to buy weed with a doctor's note is just beneath the dignity of a free people. Proof of age at a licensed seller is all that should be necessary. If Chelsea wants to say such business can't be close to a church, school, parks and etc. is one thing, but outright prohibition of a legal business is just beyond the pail.

Craig Lounsbury

Tue, Nov 23, 2010 : 11:03 a.m.

By way of an edit, it should read bullet point #7....I swear I don't partake.

Craig Lounsbury

Tue, Nov 23, 2010 : 10:53 a.m.

This link is from the State of Michigan describing the program http://www.michigan.gov/mdch/0,1607,7-132-27417_51869_52137---,00.html If one goes to bullet point #5 it states: "You, or your designated primary caregiver, may grow your marihuana. There is no place in the state of Michigan to legally purchase medical marihuana." I sent an e-mail November 17th asking how this statement and the "5 patients" rule impacts these dispensaries springing up. To date I have not received a reply

Daniel

Tue, Nov 23, 2010 : 8:36 a.m.

caginess like this makes outright legalization a necessity http://www.facebook.com/free.the.leaf

Huron74

Tue, Nov 23, 2010 : 8:09 a.m.

If these proposed dispensaries are legal business I don't see how the city council can do this. Can they ban pharmacies, or liquor stores too? Local control is a good concept but there has to be a bottom line level ban on this NIMBYism by local units of government. That's what constitutional rights are intended to do. @ Dave Breigel Libertarian and Republicans are two separate political movements and it isn't accurate to conflate one with the other. Republicans are just as statism-obsessed as are most Democrats and Green Party types.

treetowncartel

Mon, Nov 22, 2010 : 10:42 p.m.

ffej, I have not seen the application, just the administrative code. Things are poorly written. With respect to what you have referenced, how does a dispensary selling to six or more cardholders get around the fact that a caregiver can only supply 5 patients?

matt

Mon, Nov 22, 2010 : 8:42 p.m.

can you say lawsuit

leaguebus

Mon, Nov 22, 2010 : 5:16 p.m.

Maybe the dispensaries in Ann Arbor will deliver. More jobs for AA and Ypsi.

ffej440

Mon, Nov 22, 2010 : 4:06 p.m.

Not really TreeTown- You list your "Primary" Caregiver. Big difference, leaves secondary open for interpetation of the law. Not really as cut and dry as it seems.

Andrew MacKie-Mason

Mon, Nov 22, 2010 : 4:06 p.m.

Banning businesses from the city *is* usually a great way to help the local economy. :)

treetowncartel

Mon, Nov 22, 2010 : 2:19 p.m.

Mr. Lounsbury is absolutely on point. One other thing, the patient, when applying for their card, has to identify their caregiver is they are going to use one. While I would hope it is decriminalized one day, you can bet your bottom dollar that when the next Ashcroft is in office people currently running their operations contrary to the edicts in MI law and other states will be the first trees falling as they combat this noxious weed.

mike from saline

Mon, Nov 22, 2010 : 1:15 p.m.

@Briegle The will of the people? Are you talking about the people of Chelsea? If their not happy with the decisions made by their politicians, they can vote them out! That would be the Libertarian position.

jcj

Mon, Nov 22, 2010 : 12:40 p.m.

"Politicians going against the will of the people!" Seems to happen on both sides. When you get your head handed to you electorally, you can engage in deep denial, look reality square in the face, or try to finesse it/split the difference. With Democrats having been clobbered both in Congress and (in some ways) even worse in the state legislatures, they are employing all three options. The Rasmussen poll of January 2009: when Obama first took office he had a 62% Approval rating. But by September 2010, it reported that 44% of the nations voters Strongly DISAPPROVE of Obamas performance, while only 27% Strongly APPROVE.

ffej440

Mon, Nov 22, 2010 : 12:23 p.m.

Great news for blackmarket dealers! Congrats Chelsea, now you can be like Saline. Drive the patients underground where you have NO control over the who, what, where cannibis is being purchased.Where do you think cardholders are going in your city?

Craig Lounsbury

Mon, Nov 22, 2010 : 12:07 p.m.

There is nothing in the State law that allows dispensaries.

David Briegel

Mon, Nov 22, 2010 : 11:49 a.m.

Politicians going against the will of the people! Imagine... Where are those Libertarian Republicans??

Forever27

Mon, Nov 22, 2010 : 11:34 a.m.

ahhh the Chelsea city government; going against the will of the state and preventing problems that don't exist.