Livonia Looks To Ban Medical Marijuana Provisioning Centers

[bobandtorey]

he City of Livonia will continue its push to keep medical marijuana facilities out of the community after approving an emergency ordinance.

The council voted Monday to amend a city ordinance banning “provisioning centers,” which pertain to a bill recently approved by the state House of Representatives and currently on the state Senate floor. The bill would allow for the opening of medical marijuana provisioning centers in the state.

The bill would allow for local communities to opt out of allowing such facilities within their jurisdiction, something the city council voted to do unanimously on a first and emergency second reading Monday night.

“It is currently on the Senate floor, and the concern is that if it were to pass and we didn’t have this ordinance in place and one would open up, it would be a preexisting, nonconforming use and we couldn’t regulate them,” said Don Knapp, the city’s attorney. “The idea behind this ordinance is it maintains the status quo until council wants to look at it perhaps a little further after the legislation, which is expected to pass.”

The ordinance bans the transfer or sale of marijuana, medical or otherwise, by an individual or business to another individual within the city.

The Michigan Supreme Court has ruled in the past medical marijuana dispensaries are not permitted under the proposal voters approved in 2008 to allow medical marijuana. The legislation working through Lansing would essentially allow for the opening of similar facilities under state law.

Livonia’s ordinance on banning all substances not allowed under federal law, including medical marijuana, was rendered unenforceable earlier this year via a ruling by the state Supreme Court as well. The court ruled against the City of Wyoming in west Michigan, stating the ordinance that banned such substances was a violation of the Medical Marihuana Act. The city filed an amicus brief in that case supporting Wyoming.

At that time, Knapp said Livonia would keep the ordinance on the books, but would not enforce it in regards to medical marijuana.

 

Councilwoman Laura Toy questioned the passage of such an ordinance amendment at this time, since it’s possible the Senate could make changes to the bill passed by the House that would render the ordinance change moot.

“The problem I see is there are so many amendments,” she said. “If the Senate comes in and alters it, then this motion, correct me if I’m wrong, will be null because it’s based off the House version and not necessarily based on the changes thereof.”

Knapp said changes would not likely need to be made to the ordinance, as its language covers the general essence of the bill, which does not appear to be radically changing.

“We know there have been changes in the Senate version,” he said. “The essential part of the bill, in other words, that provides the provision centers, is still in the bill, and there is some local control element that hasn’t gone away.

“The core reason for the bill, which is to allow these provisioning centers and testing facilities, hasn’t changed.”

 

 

http://www.hometownlife.com/article/20140822/NEWS10/308220009/Livonia-looks-ban-medical-marijuana-provisioning-centers

[knucklehead bob]

“We know there have been changes in the Senate version,” he said. “The essential part of the bill, in other words, that provides the provision centers, is still in the bill, and there is some local control element that hasn’t gone away.

“The core reason for the bill, which is to allow these provisioning centers and testing facilities, hasn’t changed.”

 

 

 

How in hell is it a State wide law , if any littlle Nottingham can say "no thanks." ? ? ?

Edited August 22, 2014 by knucklehead bob

[bobandtorey]

I agree and have tried to tell people here that keep saying the city's and towns can't stop cannabis user,sellers,buyers,  because of the case from the supreme court 

[t-pain]

How in hell is it a State wide law , if any littlle Nottingham can say "no thanks." ? ? ?

livonia is talking about the 4271 opting out of allowing dispensaries.

which, as 4271 says right now, allows cities to ban dispensaries.

 

4271 isnt law yet. its still just a bill.

 

it will be interesting to see if the local control stays in the bill. dispensary owners didnt pay callton a shitload of money just for 90% of the cities to turn around and ban them.

[bobandtorey]

4271 isn't law yet. its still just a bill. Yes i agree its not yet but will be soon no one knows for sure but i feel like the city's and some towns already know it will pass soon and thats why i am getting so many E-mail in my inbox and shops are popping up once again  

[bobandtorey]

Oh yes they did IMHO it will give cites and towns to do what they want or if they want a center or not

 

This is only my opinion

[+Malamute]

Yes they did. The entire bill is based on local control. Otherwise it would not have not even passed th ehouse.

 

Will many communities ban provisioning centers and safety compliance facilities? Um yea,... Over a hundred already have that I personally know of. *shrug*

 

Start electing new people to your city councils if you want it changed.  Democracy has been laid in the hands of the people on a very local level. Use it. :-)

[Dr. Bob]

Personally, I'd love to be the community opting to be host for provisioning centers when all the communities around me deny.  I'd love to get the tax dollars, registration fees, and local sales they would generate.  Not to mention having some vacant buildings refurbished and occupied by successful businesses.  Seems to me that is called 'community development'.

 

Dr. Bob