Chelsea Planning Commission approves zoning change to prohibit medical marijuana dispensaries
The Chelsea Planning Commission has approved a change in its zoning ordinance that would prohibit medical marijuana dispensaries in the city.
The change, unanimously approved Tuesday night, will now go to the Chelsea City Council and is expected to be on the agenda for first reading Nov. 23, said Jim Drolett, planning and zoning administrator.
The amendment states that “uses for enterprises or purposes that are contrary to federal, state or local laws or ordinances are prohibited.”
There are six commercial and one office district in the city where current zoning regulations would permit dispensaries.
Planning Commission Chairman George Kinzer said there is a conflict between state and federal laws.
“Some form of medical marijuana dispensaries are legal in Michigan; federal law says they are not legal - how it works out is yet to be determined,” he said.
When Planning Commissioner Casey Blair expressed concern that the city was setting itself up for a lawsuit, City Council member Cheri Albertson, who is the liaison to the Planning Commission, cited an Oct. 5 report from the Michigan Municipal League that said there were two ways municipalities could deal with this issue and one was through zoning.
Planning Commissioner Peter Feeney said he had had reservations about the zoning change at one point, “I was not comfortable with this at the beginning … but I’m more comfortable with it now, and I think it’s the right thing to do.”
Although Drollett said he’d had a few inquiries, there are no pending applications or established medical marijuana dispensaries in the city.
Like many communities throughout the state, Chelsea is grappling with how to regulate medical marijuana following Michigan voters' approval of its use in 2008.
Dexter is considering an ordinance that would allow dispensaries but would regulate their location and operation. A regulating ordinance is making its way through the approval process in Ann Arbor. Ypsilanti also passed a moratorium on new dispensaries while it figure out how to regulate them, and Saline passed an outright ban based on federal law.
On Sept. 28, the Chelsea City Council placed a 60-day moratorium on the establishment of medical marijuana dispensaries while the Planning Commission deliberated on the issue.
Lisa Allmendinger is a freelance reporter for AnnArbor.com and can be reached via e-mail at lallmendinger@sbcglobal.net.
Comments
treetowncartel
Thu, Nov 4, 2010 : 12:45 p.m.
@ atticus, that provision is actually in the first regulation I posted. And it is proceeded by this sentence. A registered primary caregiver may assist not more than 5 qualifying patients with their medical use of marihuana. There is a limitation on the number of people a caregiver can provide pot too at one time, and the patient has to identify the caregiver in their application. FYI, your preaching to the choir. I am supportive of the efforts, but the regs say what they say, hard to get around that. What is happening is that there are jurisdictions that are not enforcing it as written.
Atticus F.
Thu, Nov 4, 2010 : 12:20 p.m.
@treetown, I'm not argueing the amounts allowed for possesion. Also you seemed to have overlooked this part of the law: 333.26424 Section(e) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of controlled substances.
God Loves Us All
Thu, Nov 4, 2010 : 12:17 p.m.
Bless the city of Chelsea hope they are governing using the Bible the word of God as there guide. God will bless your city. God bless you and your city.
Mr. Ed
Thu, Nov 4, 2010 : 10:21 a.m.
It appears the issue/laws are not even clear by the people who smoke marijuana. Put down your weed for a week and study the curent laws on the issue. The laws are very clear to a non smoker of the stuff. The law was written for medical marijuana selling and using. Not for some 15 year old kid who wants to get high.
treetowncartel
Thu, Nov 4, 2010 : 10:11 a.m.
Followed by Rule 27 Rule 333.127 Management of medical marijuana. Rule 27. (1) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with the act, if the qualifying patient possesses an amount of marijuana that does not exceed the following: a] Two and one-half (2.5) ounces of usable marijuana. b] If the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marijuana plants kept in an enclosed, locked facility. c] Any incidental amount of seeds, stalks, and roots. (2) A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for assisting a qualifying patient to whom he or she is connected through the departments registration process with the medical use of marijuana in accordance with the act, if the primary caregiver possesses an amount of marijuana that does not exceed the following: a] Two and one-half (2.5) ounces of usable marijuana for each registered qualifying patient to whom he or she is connected through the departments registration process. b] For each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marijuana plants kept in an enclosed, locked facility. c] Any incidental amount of seeds, stalks, and unusable roots.
treetowncartel
Thu, Nov 4, 2010 : 10:09 a.m.
Here, I'll make it easier to read Rule 333.115 Primary caregiver; number of qualified patients; compensation. Rule 15. (1) The department shall issue a registry identification card to the primary caregiver, if any, who is named in a qualifying patients approved application. A registered primary caregiver may assist not more than 5 qualifying patients with their medical use of marihuana. (2) A registered primary caregiver may receive compensation for costs associated with assisting a registered qualifying patient in the medical use of marihuana. Any such compensation shall not constitute the sale of a controlled substance.
treetowncartel
Thu, Nov 4, 2010 : 9:54 a.m.
@ Atticus, read the regulations/administrative code promulgated by the Department of Community Health. The limitations on the number of plants and quantity of pot are there. Decriminilization is the way to go. And I sympathize with the typo issue.
clownfish
Thu, Nov 4, 2010 : 9:51 a.m.
Oh, and if the recent republican surge continues in 2012, the feds are going to come in and have a field day when the new AG takes office. In keeping with their desire to have "States Rights" and in their need to "listen to The People"? Maybe they can use the now defunct "Obama FEMA concentration Camps" to house all of the hard core criminals they will round up. Or, they could work closely with the Obama "SS" strike forces that were formed from AmeriCorps under the direction of Chairman Obama. Cuz those things exist, man! If you don't believe me, just ask Mr. Beck.
Atticus F.
Thu, Nov 4, 2010 : 9:47 a.m.
@treetown cartell, You should note that Michigan state law states, and I quote: "A registered caregiver can provide marihuana to a registered patient"...Nowhere does it say a registered caregiver can ONLY provide marihuana to THEIR registered patient. anybody who states otherwise, has not read the law thoroughly. Sorry I had to repost due to inacuracy related to a typo.
Atticus F.
Thu, Nov 4, 2010 : 9:42 a.m.
@treetown cartell, You should note that Michigan state law states, and I quote: "A registered caregiver can provide marihuana to a registered patient"...Nowhere does it say a registered caregiver can only provide marihuana to THEIR registered caregiver. anybody who states otherwise, has not read the law thoroughly.
clownfish
Thu, Nov 4, 2010 : 9:33 a.m.
Bad govt! No donut for you. Well, at least we know that nobody will be smoking or selling MJ in Chelsea, right? This is one I really don't get, most liberals and most libertarians don't want these laws on the books. Lots of police and judges want these laws off the books, freeing them up to fight real crime, not racist/monopolistic laws passed by racists/monopolists back in the 30's. Prohibition DOES NOT WORK! Your kids can buy all the pot they want, in Chelsea, with little to no effort. What do you think you are fighting here?
treetowncartel
Thu, Nov 4, 2010 : 9:28 a.m.
Dispensaries are not contemplated under the act, or the accompanying administrative code. As a result, no community has to allow them. A caregiver is allowed to provide and/or grow pot for 5 card holders only. Anyone providing pot to more than 5 patients, regardless of whether they are growing the 12 plants allowed per patient, is technically breaking the law. I doubt these places are complying with the record keeping requirements either. This law and the regs are poorly written because the legislature has ignored the will of the people on this issue for years. The ballot proposal that made it law was short and bittersweet to this effect. Hopefully Rick can get this ship righted. He promised us a "Green" initiative, right? Oh, and if the recent republican surge continues in 2012, the feds are going to come in and have a field day when the new AG takes office.
Atticus F.
Thu, Nov 4, 2010 : 8:57 a.m.
Can't wait to see the city of Chelsea get their pants sued off over this. The second they raid someone's home who is growing medical cannabis, they will discover that their 'zoning ordinance' is in direct conflict with Michigan state law, which exposes them to lawsuits on a state level... Unless they are willing to take it all the way through the appeals process to the US supreme court.
bluehoo
Thu, Nov 4, 2010 : 7:58 a.m.
or maybe they have no opinion or support the idea of dispensaries--but just don't want to deal with the traffic/business in the zoning areas it would be allowed in this city. Article doesn't indicate knee jerk (it's been several months of discussion) nor any moralizing (notice the conflict on the part of several). So it seems you're making lots of assumptions about the reason for this. Zoning is a complicated matter (as someone who's had to make these types of decisions). It's even more complicated where federal and state laws are in opposition.
Forever27
Thu, Nov 4, 2010 : 7:31 a.m.
This is really stupid on their part. They can get on their moral pedestal and regurgitate Reefer Madness paranoia. or, they can realize that the fear mongering about marijuana is over blown and, for the most part, flat-out wrong.
fishjamaica
Thu, Nov 4, 2010 : 6:58 a.m.
Knee Jerk.