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Posted on Tue, Feb 22, 2011 : 5:55 a.m.

Prospective medical marijuana dispensary operators jockey for chance at downtown Ypsilanti license

By Tom Perkins

The Ypsilanti City Council’s approval of a licensing process for medical marijuana dispensaries brought an end to several months of discussion at the council table. But it didn't quell debate outside City Hall as potential operators positioned themselves for the one remaining license available downtown.

Questions also remained on the number of dispensaries already in operation downtown.

The council passed the second reading of the zoning ordinance by resolution Feb. 15 so the current dispensary — 3rd Coast Compassion Center at Hamilton and Pearl streets — can now apply for a license.

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Its owners have a 30-day window to apply. City staff built in a 15-day appeal period in case the application is rejected. On April 1, new businesses can begin applying for licenses.

An application will be time stamped when it’s turned in, and will considered on a first come, first served basis. Because 3rd Coast is already operating downtown and the city’s zoning ordinance prohibits dispensaries from operating within 500 feet of one another, space remains for one more dispensary there.

Adam Tasselmyer rented a storefront at 124 West Michigan Avenue last fall with the intention of opening a dispensary called Herbal Solutions. Since then, he said, he's attended every council meeting concerning medical marijuana ordinances and has fielded questions from the council on the issue.

He has also worked closely with city staff during that time to ensure compliance with city policies, hired eight employees and invested $40,000 in renovating his space.

Although there are probably other people interested in opening a dispensary downtown, Tasselmyer says he has a moral, if not a legal, right to a first shot at the license.

“The way I see it is I’m the only one entitled to be downtown,” he said. “I don’t see how anybody could challenge me for this. It would be unethical.”

Before the council’s Feb. 15 meeting, an audience member quietly told Tasselmyer that a council member was working with a local landlord to bring a different dispensary downtown.

Tasselmyer then said during a public comment period that a council member was “in cahoots” with a millionaire to help open up a dispensary.

Council members said during the meeting that they didn't know who Tasselmyer meant, though Council Member Brian Robb said in an interview later that Tasselmyer was referring to him and Joe Lawrence.

Robb called it "an immature accusation" and said he only sent Lawrence a copy of the first draft of the ordinance. He said a constituent asked for help, and he helped, but never promised anything. He also pointed out that he is only one vote on the council.

Lawrence, who owns several vacant storefronts downtown, said Saturday that he had been in negotiations to rent a storefront to Jim Clippert, who is executive director of the American Dystonia Foundation. Dystonia is a disorder that causes involuntary muscle movement and is somewhat relieved by medical marijuana, sufferers say.

Lawrence said Clippert was to provide a business plan by 5 p.m. Friday but never did, so that deal fell through.

AnnArbor.com was unable to reach Clippert.

Lawrence also said he received a call from Tasselmyer several hours before the Feb. 15 council meeting in which Tasselmyer said that Mayor Paul Schreiber “promised” him a license. Tasselmyer told AnnArbor.com that he misspoke, and that Schreiber offered only his sympathy over the situation.

Schreiber also said he never made any promises. At the Feb. 15 meeting, he suggested that the city consider the applications not on the basis of who came first but who was more likely to succeed.

City attorney John Barr recommended against that, saying that giving staff that discretion could lead to charges of nepotism. Barr also told city staff that Tasselmyer couldn’t legally be given any preferential treatment.

At the Feb. 15 meeting, Lawrence said he was not there to advocate for any dispensary, but argued that the council should use its discretion instead of deciding licenses based on timing.

Lawrence said he has received about 20 phone calls over the last several months from people interested in renting his storefronts for a dispensary. He said he'd gotten three calls since Tuesday’s meeting from prospective proprietors who claimed financial backing, but no acceptable business plan had been submitted.

Lawrence said he doesn't need to make money from renting the storefronts and has his family’s reputation to think about when considering occupants.

“I’d just as soon not be involved,” he said. “What I hear is a lot of big talk, but I don’t see any rubber meeting the road.”

City Planner Teresa Gillotti said staff will provide and post procedures for new businesses submitting applications this week.

Officials have questioned whether the policy will lead to a "concert ticket-like camp out" in front of City Hall, and Tasselmyer has already vowed to rotate his employees in and out of line for weeks, if necessary. Gillotti said the only area where there is any competition for a license is downtown.

The situation could be further complicated by another grow operation and dispensary that 3rd Coast owner Darrell Stavros said is already operating downtown. That facility is run by Michael Dunn, who could not be reached for comment by AnnArbor.com.

Stavros said Dunn is working under the assumption that he will be "grandfathered in" because he was operating before a moratorium on new medical marijuana facilities went into effect. If that's the case, Tasselmyer or any other dispensary operator hoping to open a facility downtown would be unable to do so.

That operation was never brought up during the months-long discussion over medical marijuana ordinances, and Schreiber and Robb said they were unaware that another dispensary or grow operation exists downtown.

Gillotti said 3rd Coast is the only dispensary that the city knows to be operating legally. But she said staff would work with any other existing operations that may not be properly zoned to help them relocate or obtain licenses. She said other facilities haven't been addressed yet because the ordinances were approved only last week.

"We want to work with them on that," she said. "But if there are operations that are not going to comply, then we will go through enforcement procedures."

Per the city’s zoning ordinance passed in December, a grow operation cannot operate downtown but can operate elsewhere in the city.

Tom Perkins is a freelance reporter for AnnArbor.com. Reach the news desk at 734-623-2530 or news@annarbor.com.

Comments

Christopher K

Tue, Feb 22, 2011 : 7:48 p.m.

Yes Ypsilanti can afford to turn a high number of dispensaries away....(by the way Ann Arbor has over 20, so say HIGH to AA too). I'm not one who is against dispensaries. If legalizing marijuana has to play the game of acting like it's medicine to decriminalize it, so be it, not that it isn't medicinal....but face it, that's not what most people use it for. I believe that marijuana is in another class than meth, heroin, coke, but has been lumped in with the killer drugs for too long. Does anyone freak out about a bar opening? Oh, oh....there will be alcoholics! of course there will be alcoholics...and there will be people who are constantly stoned and then there will be the people who aren't, who use it once in awhile. I'm proud that Ypsilanti is edgy, a little wild, urban, hip, less rule bound than other places....may it become more so, but lets get some good, solid,creative businesses downtown. It's already starting to happen, check out the new places that some visionary business owners have created.. NOW, if only the lack-of-vision-city-council that runs Ypsilanti could just have a little stoned pot brownie party maybe they'd come up with a few good ideas....just don't try to IMPLEMENT the ideas stoned, that's all I have to say, but be sure that you take good notes.

Curious

Tue, Feb 22, 2011 : 5:40 p.m.

Say HIGH to Ypsi!

Andrew Jason Clock

Tue, Feb 22, 2011 : 2:08 p.m.

Hmmm. Businesses fighting over being located in downtown Ypsilanti. When was the last time this happened? Maybe, just maybe, we should have listened to Brian Robb on this one (still can't quite believe I'm saying that) and ditched the arbitrary 500ft between dispensaries part of the ordinance, or at least shortened it. Because last time I checked, we really, really need more businesses to broaden our tax base in Ypsilanti. Yes, I know a lot of you don't look kindly on this business. But can we really afford to turn anybody away?

tommysnell

Sun, Mar 6, 2011 : 6:03 p.m.

No they can't, and when the police/fire and administration of the City continue to suffer the consequences of the economy and lack of revenue from Property taxes, axed State Monies and lose more Good Tax-paying Citizens, it will have been too late.

Hmm

Tue, Feb 22, 2011 : 1:47 p.m.

Great comment Leonard.

5c0++ H4d13y

Tue, Feb 22, 2011 : 12:29 p.m.

"medical marijuana"? What a ruse. Can I open a Quick-E-Mart next to the "medical" dispensary.

Leonard

Tue, Feb 22, 2011 : 11:33 a.m.

Medical Canna-business will grow and flourish, regardless of all the obstacles thrown it way. From the Holistic point of view Cannabis is markedly pro-evolutionary, as it increases appetite, induces rest, suppresses violent urges and enhances sexual experience. Cannabis is not physically addictive, as it lacks the documented "physical withdrawal" syndrome, necessary for a physical dependence determination. The so-called "gateway drug" theory has already been determined to be invalid, and the recent scientific study declared it "half-baked". Drug Marinol is NOT medical marijuana (and it would seem that any reasonable person would understand this), as the whole plant has over 70 active compounds, therapeutically interacting with one another in many intricate and complex ways. It is very important to stress again and again that Cannabis use, as opposed to alcohol use, suppresses violent urges and behaviors, and that any increased anti-Cannabis repression in this country will be accompanied by increase in drinking, hard drug use, and violence, including among young people. Now, to say that Cannabis plant does not have medicinal properties is the same as to say that the earth is flat, and this would simply not be considered a "rational" statement. Would then the fact that Shafer Commission recommended an immediate decriminalization of marijuana back in 1972, or the fact that Judge Francis Young called marijuana "one of the safest therapeutically-active substances known to man" really surprise anyone? I don't think so. To win this struggle, just like with all Civil Rights struggles, we will need to overcome the "consciousness of fear", and repeat the TRUTH about Cannabis again and again, until the necessary "qualitative shift" occurs in our common consciousness, and we will be amazed that the ridiculous Cannabis prohibition really lasted for as long as it did!