Chelsea expected to become second city in the county to ban medical marijuana dispensaries
After unanimously approving on first reading last month a change to its zoning ordinance that will prohibit dispensaries in the city, the council is expected to take a final vote tonight.
Jim Drolett, the city’s planning and zoning administrator, said previously that the text change in the zoning ordinance would apply to any use that is contrary to federal, state or local laws or ordinances.
“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,” the agenda item states.
Municipalities have been struggling with whether and how to regulate medical marijuana since voters approved its use in 2008, and legal questions about whether they have the right to ban dispensaries have arisen.
On Dec. 1, the American Civil Liberties Union filed suit against the cities of Birmingham, Bloomfield Hills and Livonia — which have all approved resolutions banning dispensaries that are similar to the one that Chelsea is considering. Saline has also banned medical marijuana dispensaries within its city limits. Dexter Village is working on changes to its ordinance that would allow the dispensaries, and Dexter Township has imposed a moratorium on them while it irons out a new ordinance. Ann Arbor is also working to develop regulations, while Ypsilanti recently approved an ordinance.
Chelsea has no pending applications or established medical marijuana dispensaries in the city.
“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.
The Chelsea City Council meets at 7 p.m. at the Washington Street Education Center, 500 Washington St.
Lisa Allmendinger is a reporter with AnnArbor.com. She can be reached at lisaallmendinger@annarbor.com. For more Chelsea stories, visit our Chelsea page.
Comments
carl
Tue, Dec 14, 2010 : 10:22 p.m.
Seems dumb,Whats Drolett trying to do? You can legally be prescribed oxycotin"hillbilly heroin"for pain and pick it up at any pharmacy.You can also legally be prescribed Vicodin along with a long list of other drugs which can be picked up at any pharmacy.However you can legally be prescribed Marijuana and not pick it up anywhere just because its Marijuana.Yet you can buy any amount of booze that kills,ruins more lives of people/families,causes more problems in the world than all the drugs combined. Im not condoning using pot or any other drug. However this seems like backward going forward in reverse thinking and representation of what the People of the State of Michigan voted on two years ago.Sounds like something flag waiving Tea partiers would be ranting about taking all of our collective I.Q.s down a notch.Have the Tea Baggers invaded Chelsea?Are they being represented by Jim Drolett?just wondering....
Timothy Grass
Tue, Dec 14, 2010 : 3:07 p.m.
@ Forever. It doesn't have to ban dispensaries because it is already illegal to sell cannibis. I understand that not all patients can grow their own, but can you give me a reason someone wouldn't be able to find a caregiver? As of now, dispensaries are illegal and will remain that way until the law is ammended. Local governments are wise to weigh the risks and judge for themselves if the "reward" is worth violating state and federal laws.
Forever27
Tue, Dec 14, 2010 : 1:15 p.m.
@Timothy, it doesn't ban dispensaries either. As a matter of fact, if anything it creates a need for them. If you are to legalize a product, you can't then make it illegal to sell it. Not everyone has the ability to grow themselves or has access to a care-giver. What these laws do is marginalize those who aren't able to provide this product for themselves.
Timothy Grass
Tue, Dec 14, 2010 : 12:14 p.m.
The law does not provide for dispensaries, what don't you guys understand about that? I am as pro-legalization as anyone, but until it is clear about where cannabis can be sold and distributed how can you blame local governments for following the law?
theodynus
Tue, Dec 14, 2010 : 11:11 a.m.
It isn't a large town. Ironically (er, hypocritically) I know for a fact that at least one of the council members who was quoted elsewhere speaking out against dispensaries smokes pot, though maybe it's not hypocritical because it isn't medicinal.
clownfish
Tue, Dec 14, 2010 : 9:01 a.m.
Sad Kneejerk reaction that will prevent nothing. Can anybody cite other businesses that are prohibited in Chelsea? As long as it meets zoning restrictions it should be allowed. I guess folks that want pot will just continue to visit the high school kids that have it, rather than a business run by caring adults. The smokers will just continue to use blackmarket suppliers, buy smoke from Mexico and keep the illegal drug dealers in business.
Forever27
Tue, Dec 14, 2010 : 8:28 a.m.
This is ridiculous. Yet another example of the Chelsea government overriding the will of the people. I am so glad that I no longer live in that suckhole of a town.
dextermom
Tue, Dec 14, 2010 : 8:19 a.m.
The Chelsea council can figure out how to provide community guidelines for chickens but not medical marijuana? So, chickens are OK but medical marijuana isn't? I am disappointed in the communities like Chelsea whose councils have decided that their will to overrule the state law is right. I pleased that Dexter is looking to support the overwhelming vote in favor of the legalization of medical marijuana. We can work together to support this legislation and the people who need and benefit from it.