Time To Replace Medical Marijuana Moratoriums With Sensible Ordinances

[bobandtorey]

GENESEE COUNTY -- Ever since Michigan voters approved the Medical Marihuana Act in 2008, municipalities around the state, including Fenton, have struggled with how to regulate the legal growth and sale of marijuana within their borders.

 

In many instances, their way of dealing with the issue has been to enact moratoriums on new medical marijuana businesses.

 

Moratoriums made sense in the beginning. The law was both controversial and vague. Court challenges were playing out. And figuring out how best to implement it locally

 

was going to take time.

 

Well, it's been six years and Fenton and other municipalities that are still relying on moratoriums need to enact ordinances and spell out regulations. Legislation passed by

 

the Michigan House and currently pending in a state Senate committee would pave the way for that to happen. We hope lawmakers take action on it soon so city officials

 

can have a say in how medical marijuana dispensaries operate within their borders.

 

Court rulings have made it clear the medical marijuana law is here to stay. In February, the Michigan Supreme Court declared invalid the city of Wyoming's ordinance, which

 

virtually banned medical marijuana from being grown or used within city limits. 

 

Wyoming's officials had argued that since federal law prohibits the production or possession of marijuana, the city could strictly regulate it. Not so, said the high court, which

 

held that federal controlled substances act does not preempt the state law, and that the city could not use zoning or nuisances ordinances to obstruct the act.

 

A local businesswoman who set up a medical marijuana dispensary in Davison last March, is eyeing Fenton for another site. With Fenton's moratorium set to expire S

 

ept. 1, the city is taking steps to implement regulations. 

 

The planning commission is likely to make a recommendation soon, according the City Manager Lynn Markland.

 

While the city needs to comply with state law, that doesn't mean its officials should have no say in how medical marijuana dispensaries operate within their borders.

 

Fenton plans to require a special use permit for the distribution of medical marijuana that will also spell out where such places of business may operate. For instance, they

 

will not be allowed within 1,000 feet of a school, day care or church.

 

Fair regulations are the prerogative of Fenton and all municipalities. An unclear state law and overlong moratoriums, however, hamper viable businesses seeking to locate

 

within permissible areas.

 

 

http://www.mlive.com/opinion/flint/index.ssf/2014/08/editorial_time_to_replace_medi.html