Dexter approves medical marijuana zoning regulations for primary caregivers
Councilman Jim Carson, who is also on Dexter's Planning Commission that approved the medical marijuana home occupation zoning ordinance that was unanimously approved by the Village Council Monday night.
Lisa Allmendinger | AnnArbor.com
The Village Council unanimously approved the regulation, following a public hearing during which no one spoke.
In addition, it’s expected that at its next meeting, the Village Council will extend its moratorium on medical marijuana dispensaries for a year while keeping track of the pending court cases involving the confusing state law.
Among the new home occupation ordinance stipulations are that primary caregivers must live in a single-family detached dwelling, register with the Michigan Department of Health, and apply and receive a permit from the village.
Village officials said they don't know how many, if any, registered medical marijuana primary caregivers there are in the village.
The regulations add a definition for medical marijuana home occupation and home use “to protect the public health, safety and welfare, mitigate the potential impacts on surrounding properties and persons and that conforms with the policies and requirements of the Michigan Medical Marijuana Acts,” according to the zoning ordinance.
Home occupation medical marijuana is not permitted within 1,000 feet of a public school or public library and all marijuana must be contained in the main building and in an enclosed and locked facility.
Plus, “All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting and/or watering devices that support the cultivation, growing or harvesting of marijuana are located.”
If a room is used for cultivation, any lighting that exceeds “usual residential” from 11 a.m.-7 a.m. “shall employ shielding methods” without changing the exterior of the home to “prevent ambient light spillage that may create a distraction for adjacent residential properties.”
Storage of any chemicals such as herbicides, pesticides, and fertilizers used for growing the medical marijuana shall be subject to inspection by the fire department.
In addition, home occupation shall not be visible from the street and shall be conducted by appointment only. “Walk-in trade shall be prohibited,” the regulations state.
Included in the ordinance is a $100 fee for a permit to cover the administration and coordination of medical marijuana home occupation regulations with the police and fire departments.
The application includes a scaled floor plan of the entire structure that shows the location and dimensions of home occupation, evidence of compliance with the Michigan Department of Community Health rules, evidence of compliance with both the Michigan Fire and Building Code and all proposed signage.
The new ordinance will become effective July 27 and home occupation violation fines are $1,000 for the first offense and increase to $2,000 for the second and $3,000 for the third violation.
Lisa Allmendinger is a regional reporter for AnnArbor.com. She can be reached at lisaallmendinger@annarbor.com. For more Dexter stories, visit our Dexter page.
Comments
asdf
Wed, Jun 29, 2011 : 2:13 a.m.
This is a pointless and cumbersome regulation that Dexter has no power to enforce. When the ballot initiative was passed, it was written in a way that would protect the rights and privacy of patients and caregivers. Becoming a registered caregiver with Dexter only brings added scrutiny and compromises the safety of those trying to provide sick people with medicine. The law was written to treat this as a private medical matter, where you would only have to present your credentials if absolutely necessary to law enforcement officers. In the end there is no way for Dexter to enforce this law short of checking power consumption and conducting raids. If they had allowed for caregivers to use commercially or industrial zoned buildings, it would be a different story. As it stands, they are asking you to pay them $100 to do something that you are already legally allowed to do under state law.
Red Barber
Wed, Jun 29, 2011 : 11:17 a.m.
Well said, asdf – well said. It would be foolish for any registered primary caregiver residing in Dexter to voluntarily relinquish their right to privacy afforded by the MMA. The idea that the fire department will inspect herbicides, pesticides and fertilizers is downright comical.
psbishop2
Tue, Jun 28, 2011 : 4:58 p.m.
So this cost only $ 100.00 yet it cost it cost $200.00 to get a banner erected on the main street pole. There is no fairness it the permit cost. Government at work!
AnnArborEats
Tue, Jun 28, 2011 : 6:12 p.m.
It's also more expensive to have a Memorial Day ceremony performed by Veterans since the village wanted to charge the Legion a $200 damage deposit for the grass around Monument Park. Needless to say the Legion declined and the residents lost out. Read the comments... <a href="http://dexter.patch.com/articles/memorial-day-in-dexter-pays-tribute-to-fallen-soldiers#photo-6322286" rel='nofollow'>http://dexter.patch.com/articles/memorial-day-in-dexter-pays-tribute-to-fallen-soldiers#photo-6322286</a> There is definitely a disconnect between this council and the needs of the community.
AnnArborEats
Tue, Jun 28, 2011 : 1:18 p.m.
Dexter is dodo. Let me get this right. Dexter out right banned me from having a few backyard chickens that produce healthy organic eggs for my family, but if I wanted to grow marijuana all I have to do is pay $100 for a permit?
Hmm
Tue, Jun 28, 2011 : 12:53 p.m.
These laws are ridiculous. Why does the fire department need to inspect people's "herbicides, pesticides, and fertilizers"? What do they think people are using to grow their plants, toxic radiation? And also people living in apartments who want to grow for their own personal consumption are basically made into criminals because they do not have the means to buy a house even though they may already be in compliance with the state law. Good luck getting people that grow four or five plants in their atic to pay your $100 tax Dexter village
Red Barber
Tue, Jun 28, 2011 : 3:20 p.m.
It applies to primary caregivers – not patients.
SmellMyFeet
Tue, Jun 28, 2011 : 12:42 p.m.
So Dexter can tell me that I have less rights to grow MJ just because I reside in the great city of Dexter but happen to live in an apartment building.
Hmm
Tue, Jun 28, 2011 : 12:54 p.m.
Exactly! What kind of ridiculous stipulation is that?
Mike
Tue, Jun 28, 2011 : 12:40 p.m.
Good for Dexter!