Dexter to hold public hearings on zoning changes to regulate medical marijuana dispensaries
The Dexter Village Planning Commission will hold a series of public hearings at the Dexter Senior Center at 7:30 p.m. Monday on proposed changes to the zoning ordinance that would allow and regulate medical marijuana dispensaries in the village.
Following the public hearings, the Planning Commission could approve the changes and recommend the amendments to the Village Council or postpone a recommendation for further discussion.
The amended zoning ordinance defines a medical marijuana dispensary and lays out several regulations, including:
• Dispensaries must have a permit from the village to operate for one year and the permit will be reviewed by the Sheriff's Department.
• Dispensaries cannot be located within 500 feet of a library, a school or another dispensary.
• A maximum of two primary caregivers are permitted to operate out of one establishment, and the primary caregivers must be legally registered with the Michigan Department of Community Health.
• Smoking or consumption of medical marijuana is prohibited at the dispensary.
• Growing or cultivation of medical marijuana is prohibited.
* No retail sales of drug paraphernalia are permitted at the dispensary.
• All activity related to the dispensary shall be done inside.
• Drive-thru dispensaries are not permitted.
* Dispensaries cannot open before 8 a.m. and must close no later than 8 p.m.
• Security systems must be installed.
• Exterior signs cannot use the word marijuana or pictures representing marijuana.
• All medical marijuana must be within the main building in an enclosed, locked facility.
• Fines for violating the village’s medical marijuana ordinance are proposed to be $1,000 for the first violation, $2,000 for the first repeat violation and $3,000 for a second or subsequent violation.
The village has a moratorium on dispensaries that expires March 21.
Municipalities have been struggling with how and whether to regulate medical marijuana in the wake of Michigan voters' approval of it in 2008. Some communities, including Saline and Chelsea in Washtenaw County, have previously banned dispensaries, but the legality of such ordinances is not entirely clear.
In addition, Dexter Township has imposed a moratorium on dispensaries while it irons out a new ordinance. Ann Arbor is also working on an ordinance, and Ypsilanti recently approved one.
In Dexter, the Planning Commission and Village Council have held a special workshop on medical marijuana, and the Planning Commission has discussed the proposed ordinance changes several times.
Allison Bishop, the village’s community development manager worked with the village attorney to craft the zoning changes.
The Planning Commission meets at the Dexter Senior Center, 7720 Dexter-Ann Arbor Road, at 7:30 p.m.
Lisa Allmendinger is a reporter for AnnArbor.com. She can be reached at lisaallmendinger@annarbor.com. For more Dexter stories, visit our Dexter page.
Comments
Robert
Fri, Dec 31, 2010 : 12:44 a.m.
When did the Sheriff's department become involved in medicine? I'll tell you... when the thought of legal medicinal marijuana began to effect their income from seizing the assets of marijuana users and salesmen. What a joke... the sheriff's department should have no involvement in the crafting of law or the approval of medical facilities. They're supposed to enforce whatever laws we (or the legislatures by proxy) put into place... remember?? Screw this police state we're living in.
BroncoJoe
Thu, Dec 30, 2010 : 6:28 p.m.
There is no other purpose for a business such as this than care providers providing services to one of the 5 state authorized patients. In fact, there is no provision for "dispensaries" in the state law at all. Note the state has also said these businesses are not and may not be described as clinics. They are retail establishments. Other medical providers are reviewed and approved by the federal and state governments. Since this is not provided for in the state law, it has to be done locally. Village staff will also review applications. Only 2 care givers - the limits on patients are in the state law. All care givers are limited to 5 patients. There is no legal way to transfer to anyone other than one of 5 patients per the state law. How is this a workable business in other locations other than breaking the state law? Plants may be grown in other locations. Another part of the public hearing deals with home occupations. Growing is not prohibited in the proposed ordinances, it is only prohibited in the retail uses. The intent of these ordinances is to allow exactly what the state law was written to allow, nothing more and nothing less.
T Del
Thu, Dec 30, 2010 : 5:59 p.m.
Many problems with the onerous ordinance and its potential changes. 1.)One year permits with the Sheriffs Department essentially assuming the authorization role. Are the other medicine providers (i.e. Pharmacy)subject to a yearly review from the Sheriff? When did the Sheriff get its doctorate in medicine? 2.) Only 2 primary caregivers per location. This is very thin as the law only allows a caregiver to have 5 patients. What we are really talking about is secondary caregiving and the introduction of related products (i.e. food, cooking ingredients, devices and paraphernalia). The whole goal of the ordinance is to make impossible any type of realistic and workable business. 3.) No marijuana can be grown on the premises. This is in direct contravention of the law. A caregiver is required to grow the marijuana to provide for their patients. This community is missing out on an opportunity to dismiss the hysteria regarding this substance and law. The roadblocks included in this ordinance will not stand up to judicial review and will end up costing the village time and money for their Reefer Madness mentality. On a side note, it is nice that the attorney representing the village gets paid to craft and then gets paid to defend what was crafted. There will be community that stands and embraces the opportunity of this law.
ffej440
Thu, Dec 30, 2010 : 2:22 p.m.
A maximum of two primary caregivers are permitted to operate out of one establishment, and the primary caregivers must be legally registered with the Michigan Department of Community Health This makes no sense since most dispensaries are Secondary care givers. Is the intent to allow only the five patients per. Who is going to open to serve only 10 total?