Muskegon City Commission: New Medical Marijuana Ordinance Could Lift Moratorium

[bobandtorey]

MUSKEGON, MI -- Muskegon is preparing to lift a moratorium on medical marijuana businesses with the development of an ordinance that would require licensing of caregivers and dispensaries.

The Muskegon City Commission is expected to take a first vote on the amended "marihuana" ordinance when it meets for its work session at 5:30 p.m. Monday, Aug. 11. A second and final vote is expected to be taken at the regular meeting at 5:30 p.m. Tuesday, Aug. 12.

The ordinance requires that grow operations and dispensaries obtain a license that carries a $1,500 application fee and a $1,100 renewal fee. Caretakers who grow medical marijuana at a residence would be subject to a $100 application fee and annual renewal fee, under the proposed ordinance.

The city had enacted an ordinance in 2011, but in March declared a moratorium on new medical marijuana establishments while staff worked to update the ordinance.

The proposed ordinance broadens the areas where medical marijuana facilities can be located. Previously restricted to I-2 heavy industrial areas, the amended ordinance expands allowable medical marijuana operations to areas zoned B-2, -3 and -4 business districts; B-5 governmental services; I-2 light industrial; and medical care.

Many aspects of the ordinance follow requirements of state law. The licensing fees will help cover costs of required inspections of city building and fire inspectors, said Muskegon City Manager Frank Peterson.

"They do require quite a bit of oversight because of the potential for illegal sales, safety concerns, having them robbed and so forth," Peterson said.

Having the businesses licensed through the city will allow for a registry of legitimate grow operations that police can use when responding to complaints of drug sales, Peterson said.

The proposed city ordinance also requires grow operations to be done indoors -- within an "enclosed, locked facility."

It allows up to 12 marijuana plants per licensed patient in patients' principal residences. Caregiver facilities cannot have more than 72 plants at one time per caregiver -- 12 plants for each of the allowed five patients and 12 for the caregiver if that person is also a patient.

The ordinance enables the city to revoke or not renew a license for several reasons, including excess public safety calls, nonpayment of taxes and fines and "maintenance of a nuisance on the premises."

The ordinance bans medical marijuana facilities within 1,000 feet of a school as well as signs advertising the facility.

Assuming the city commission takes two affirmative votes on it this week, the ordinance would take effect immediately. Existing medical marijuana facilities would have to cease operations and apply for a license within 15 days.

 

http://www.mlive.com/news/muskegon/index.ssf/2014/08/muskegon_city_commission_new_m.html

[knucklehead bob]

So it begins , fees and inspections and . . . 

 

The ordinance requires that grow operations and dispensaries obtain a license that carries a $1,500 application fee and a $1,100 renewal fee. Caretakers who grow medical marijuana at a residence would be subject to a $100 application fee and annual renewal fee, under the proposed ordinance.

 

The licensing fees will help cover costs of required inspections of city building and fire inspectors, said Muskegon City Manager Frank Peterson.

"They do require quite a bit of oversight because of the potential for illegal sales, safety concerns, having them robbed and so forth," Peterson said.

 

the ordinance would take effect immediately. Existing medical marijuana facilities would have to cease operations and apply for a license within 15 days.

Edited August 11, 2014 by knucklehead bob

[Chauncy Gardner]

What is the penalty if one does not register and/or pay the fees?

[knucklehead bob]

What is the penalty if one does not register and/or pay the fees?

 

That probably requires another branch of enforcement and a whole bunch of new laws . All to be covered by fees , of course .

[free420country]

I would bet they dont see many applications.....except from the few trying to run a store

[MiMedical]

And the police just raided a dispensary in Muskegon, I wonder if this does pass that their case could get tossed out?

[Willy]

so how many cg's are gonna run right down for  a licence?... i figure the state has already given me a card that allows me to grow and supply my patients.. so FK em!  

[Wild Bill]

If I am reading this correctly it only applies to caregivers not patients. Are they confused about caregivers and dispensaries again?

[GregS]

What is the penalty if one does not register and/or pay the fees?

Absolutely nothing, per the MMMA.

Edited August 12, 2014 by GregS

[MiMedical]

Muskegon is so broke, my opinion is they want to get a piece of the pie before the state gets theirs, in regards to the up coming dispensary bills.. Then the state police will raid them on some trumped up charges, it's all about the $$$$$!!!

[bobandtorey]

Muskegon is so broke, my opinion is they want to get a piece of the pie before the state gets theirs, in regards to the up coming dispensary bills.. Then the state police will raid them on some trumped up charges, it's all about the $$$$$!!!

 

Muskegon is so broke, my opinion is they want to get a piece of the pie before the state gets theirs, in regards to the up coming dispensary bills.. Then the state police will raid them on some trumped up charges, it's all about the $$$$$!!!

 

 

And i agree this City and many more know that theirs cash to be made and also the pie can only be cut into so many pieces  

[imiubu]

What happened to privacy afforded by the act?

We are suppose to have our registry unavailable.

leo is suppose to only be able to verify if we are

current.  How will the city know we are CG's?

How available are these 'licenses' to the public?

IMHO, this is just another invitation to leo and rippers.

 

It's ALL about the

[bobandtorey]

MUSKEGON, MI -- Despite objections from medical marijuana caregivers, Muskegon's proposed medical marijuana ordinance has the support of commissioners who put off a formal vote on it until next month.

 

Most of about a dozen medical marijuana caregivers and patients who attended the Muskegon City Commission work session earlier this week objected to the proposed amendment to the ordinance. They protested the fees that dispensaries and growers must pay to the city, they didn't like the idea of having to register with the city and they didn't want city officials inspecting their grow operations.

 

City officials pointed out that the proposed changes to the "marihuana" ordinance include an expansion of areas where caregivers and dispensaries can operate. As currently written, the

 

ordinance restricts such "facilities" to heavy industrial zones in the city. The proposed amendment would allow for them to locate in most business, governmental and industrial zones.

 

Muskegon City Clerk Ann Cummings said the largest number of calls her office receives about the current ordinance are from people concerned by the restriction to the heavy industrial areas.

 

"This (amendment) certainly will help caretakers who want a license for growing and distributing marijuana," she said. "They'll definitely have a whole lot more options out there."

 

She said there are people waiting for the new rules so they can get licensed and begin their grow operations.

 

Currently, there is a moratorium on new caregiver and dispensary operations in the city. Court challenges to the law legalizing medical marijuana prompted city officials to pull back and revise

 

language in the ordinance. Once the ordinance changes are approved by the commission and the zoning changes approved by the planning commission, the moratorium will be lifted. City

Manager Frank Peterson said that could take about 60 days.

 

Patients can grow up to 12 plants for their personal use. Caregivers can grow up to 72 plants, but they cannot do so in a residence, under the proposed ordinance.

 

Peterson said it's "not appropriate" for 72 marijuana plants to be growing inside homes in residential areas. He said the presence of that much of the drug inside a house can attract criminals and

 

that growing lights and other equipment could put dangerous strains on electric systems of the city's older housing stock.

 

"We want it to be a business -- we want to move it to a business appropriate area," Peterson said.

 

But one medical marijuana caregiver objected to the idea that what he does is a business.

 

"I'm supplying patients with medicine -- I'm not making a profit at this," he said. "I'm not here to make money. I'm here to help people."

 

Attorney Kevin Wistrom argued that the caregivers are not typical business people because they are restricted to up to five caregivers.

 

The amended ordinance expands allowable medical marijuana operations to areas zoned B-2, -3 and -4 business districts; B-5 governmental services; I-1 and -2 industrial; and medical care.

 

Plants must be grown indoors in a locked area.

 

"We just want it in more of a secure environment," Peterson said.

 

Medical marijuana activist Derek Antol told the commission it was illegal to require inspections of medical marijuana growing operations. But city officials said they are within their rights to require fire and building inspections, again saying they were treating grow and dispensary facilities as businesses.

 

The ordinance requires that grow operations and dispensaries obtain a license from the city that carries a $1,500 application fee and a $1,100 renewal fee. Patients who grow medical marijuana in their residence would be subject to a $100 application fee and annual renewal fee, under the proposed ordinance.

 

While caregivers and patients objected to the fees, calling them a money grab by the city, officials said they are needed to pay the costs of the inspections.

 

"We want to make sure the rest of the community doesn't have to bear the costs of this," Peterson said.

 

City officials wanted the commission to vote on the amended ordinance at its Monday work session and Tuesday board meeting, but votes were put off so staff could make some minor wording changes. The commission is expected to vote when it meets the week of Aug. 25.

 

Wording changes include removing a requirement that existing caregivers seek a license within 15 days of the ordinance's effective date.

 

"Probably nothing we come up with would make everybody happy," Peterson said. "We're trying to do the best we can."

 

 

http://www.mlive.com/news/muskegon/index.ssf/2014/08/despite_objections_medical_mar.html

[Norby]

ILLEGAL!

[bobandtorey]

ILLEGAL!

I agree but who is going to stop them ? and who will be the test case they are looking for ?

[+Malamute]

As if a husband growing for his sick wife is a "business".  As if a close family friend growing for a loved one is a business.

 

What a crock. I truly hate these type of people that would pass something like this.

[bobandtorey]

Me to they are after the money as we all can see and keeping their Jobs 

[Willy]

"This (amendment) certainly will help caretakers who want a license for growing and distributing marijuana," she said. "They'll definitely have a whole lot more options out there."

 

She said there are people waiting for the new rules so they can get licensed and begin their grow operation

 

So what are they saying here,, register and grow and sell all you want to.. what other options would that open up,, anyone care to guess ???

[+Malamute]

They are setting up warehouse grows really.  But Pt's/Cg's get the stick up the arse.

 

 I do not think this ordinance is enforceable though.

[MiMedical]

Ugh..... One thing after another.

[FranksHotPeppersAndMarijuana]

I grow tomatoes and peppers in my basement and have done so for years. If I lived in Muskegon I wonder if I would be given the same treatment as marijuana growers. That is patently unfair and probably illegal.

[Norby]

I agree but who is going to stop them ? and who will be the test case they are looking for ?

Probably and hopefully no one.  Sometimes you just gotta scream to keep your sanity.

[Willy]

well i want to know who is gonna register besides dispencaries,, i mean i wont, and locals aren't supposed to know were you are,, unless the state/lara rolls on  us.. and that wouldn't surprise me at all.. but i would expect a lawsuit over it..

[bobandtorey]

I don't think the State will do that because of i agree their would be a Lawsuit