Sterling Heights: City Amends Medical Marijuana Ordinance, Places Stricter Regulations On Registration

[bobandtorey]

Despite concerns raised by a former councilman that doing so would provide residents with easier access to the drug, the Sterling Heights City Council on Aug. 19 voted to amend Chapter 35 of the City Code to conform to state laws and regulations governing marijuana and drug paraphernalia, and to implement local regulations governing medical marijuana.

"The city has not updated its marijuana ordinances since 1983," Police Chief Michael Reese wrote in a statement to the council. "The current ordinances only prohibit possession and do not address the 'use' of marijuana. In addition, the state's 'first offender' legislation has been amended numerous times since 1983. Therefore, the proposed ordinance includes a new provision governing the use of marijuana and also includes the updated first offender provisions."

According to Assistant City Attorney Don DeNault Jr., the amendment was introduced Aug. 6 in response to "significant" changes in state law over the past 20 or 30 years, the most dramatic of which occurred in 2008 when voters approved the Medical Marijuana Act - a statute authorizing its limited use, growth and distribution for certain medical conditions.

"The Medical Marijuana Act changed the entire landscape as far as how law enforcement and fire departments have to deal with various marijuana-related issues within the community," DeNault said. "It causes some confusion because neighbors and residents might think there's illegal activity going on in a neighborhood or business."

While cities cannot overrule the Medical Marijuana Act, they can adopt local regulations for the health, safety and welfare of their own residents, so long as the regulations do not directly conflict with the provisions of the Medical Marijuana Act.

"The general rule is that a community may enact regulations in order to address the 'secondary effects' caused by a concentration of medical marijuana cultivation and distribution activities, provided that the regulation is primarily intended to focus upon addressing the secondary effects and not on undermining the fundamental intent of the Act, which is the creation of a private and confidential patient-caregiver relationship to facilitate the lawful cultivation, distribution and use of marijuana strictly for medical purposes," Reese wrote.

With that in mind, the amendment as adopted seeks to address some of the known secondary effects of the Medical Marijuana Act, and to provide clarity and guidance for residents and law enforcement officers while ensuring that the spirit and intent of the act is followed.

"The only enforcement we have with or without the ordinance is when a complaint is made or when law enforcement observes the actual violation occurring - whether it's selling to someone illegally, growing too much or violating land use laws," DeNault said. "What this ordinance does is give the city a better ability to know where it's taking place, and to reassure residents that the city is regulating it and keeping them safe by having these different restrictions in place."

According to DeNault, the highlight of the amended ordinance is the inclusion of new registration requirements for locations where registered caregivers grow, cultivate or harvest marijuana.

"The purpose of a registration requirement is to protect both law enforcement and growers from erroneous law enforcement surveillance and searches based on resident complaints or tips regarding suspected drug houses, as well as to ensure that any heating, electrical, mechanical and plumbing modifications are code compliant, and all required permits have been obtained," Reese wrote.

In addition to the registration requirement, the ordinance also imposes new restrictions on the secondary effects of the use and growing of medical marijuana not addressed by the Medical Marijuana Act.

Some of these restrictions include:

* Growing would be restricted to a residence or accessory building if all appropriate inspections have been completed and all necessary permits have been issued for security, plumbing, mechanical, fire safety and electrical modifications.

* Growing in any other areas of the city would be subject to special approval land use or a use variance issued by the Zoning Board of Appeals.

* Storage of medical marijuana would be limited to only one facility.

* Only 25 percent of a home may be used for medical marijuana (or 200 square feet, whichever is less).

* No other home occupations may occur if the property is used for medical marijuana.

* All medical marijuana must be delivered off-site rather than picked up at the residential property.

"What we've tried to do with this ordinance is address the secondary effects, the thoughts that didn't go into the state statute," DeNault said.

Prior to its adoption, former councilman Paul Smith urged the council to vote against amending the ordinance, suggesting it would make obtaining marijuana "a lot easier."

"Throughout my life, marijuana has been illegal in every place throughout the United States," he said. "People used to worry that their children might buy marijuana from a dope pusher - one who grew it in Mexico and crossed the border to get here. But you don't have to worry about that anymore because now you can buy marijuana that was grown in a Sterling Heights basement. You don't have to worry about Mexican or Columbian marijuana because under this regulation your kids can just go to the back door of the local dope pusher to buy it."

However, Mayor Pro Tem Michael Taylor argued that Smith's accusations were inaccurate, noting that the amendment does not decriminalize the possession of marijuana by those who are not registered with the state.

"Just to clarify, this ordinance does not legalize marijuana," he said. "This is an ordinance to make people who grow marijuana register so we know that activity is going on."

 

http://www.sourcenewspapers.com/articles/2014/08/28/news/doc53ff2cddd6ee4086926459.txt?viewmode=fullstory

[Greenguy]

My local city passed laws similar to these. Seems it would be a violation of client-doctor privileges to have to register. Do people taking Oxycontin have to register? We all know a boat load of that gets sold out the back door onto the streets.

[knucklehead bob]

"In addition to the registration requirement, the ordinance also imposes new restrictions on the secondary effects of the use and growing of medical marijuana not addressed by the Medical Marijuana Act."

 

 

 

I wonder what the penalty is if you do NOT register ! ? ! ? 

[GregS]

"In addition to the registration requirement, the ordinance also imposes new restrictions on the secondary effects of the use and growing of medical marijuana not addressed by the Medical Marijuana Act."

 

 

 

I wonder what the penalty is if you do NOT register ! ? ! ? 

It is unenforceable. No penalty can accrue for medical use. So says the MMA. The requirements for fire, plumbing, electrical, mechanical, and safety inspections are the only things that strike me as legitimate, and it is the property owner's responsibility to pull permits before any work is done and improvements made, and inspection is subsequently made according to local building codes. Many times permits are not pulled, and that includes many home improvements that people make. When that happens the owner pays a fine IF the improvements are found out. Everything else is unconstitutional hooey. The city is being patently disingenuous.

Edited August 29, 2014 by GregS

[Indigro]

One thing is that no 'code' exists anywhere for mmj, be it residential or commercial. City inspectors will begin to make it up as they go along & it might very well seem punitive as time goes on, and asbit becomes codified.

 

Been thru the rush of new codes before... it could potentially require a teardown & rebuild. For example, they may say no exposed wood or no poly as fire code... how many folks will that effect? Or specialty fire supression systems. Could get prohibitive if they aren't rational about it. Code could effectively shut down most grows.

[bobandtorey]

One thing is that no 'code' exists anywhere for mmj, be it residential or commercial. City inspectors will begin to make it up as they go along & it might very well seem punitive as time goes on, and asbit becomes codified.

 

Been thru the rush of new codes before... it could potentially require a teardown & rebuild. For example, they may say no exposed wood or no poly as fire code... how many folks will that effect? Or specialty fire supression systems. Could get prohibitive if they aren't rational about it. Code could effectively shut down most grows.

I agree and that is their point 

 

 To Stop people from growing cannabis in there homes 

 

They also want to know where all the cannabis is

Edited August 29, 2014 by bobandtorey

[Indigro]

I agree and that is their point

 

To Stop people from growing cannabis in there homes

 

They also want to know where all the cannabis is

Wish there was more common sense in the world. A simple private grow should have easier, more lenient rules & pretty much left alone. The only real exception I hold on that is under rentals- people ought to respect other's & what is their's. Making sure a person doesn't damage anything makes sense. But some education on the matter would go further than any set of rules.

 

As for large commercially minded grows, sure regulate the heck out of them. These grows have much wider impact, to a much larger group of people. And these large scale grows are the ones that are dependent on commercial chemicals. Most never use them safely, not for the people applying them, nor to the end consumer. Regulate, inspect & violate them. But that also means they should exist on the up & up.

Edited August 29, 2014 by Indigro

[Willy]

Right,  Muskegon is on that band wagon as well, make CG's register,/ and patients too if there growing,, well it is not favorable in my eyes, its just a way for them now to cut growers/cg's out of the picture, pushing for warehouse grows, which if im not mistaken is illegal federally as well as here in Michigan, so say,  AG schitty,, hope i spelled that right.  I posted before and i'll say it again,, not by the hair on my chinny chin chin.. let them find/figure out what im doing, there is no way in hell im gonna trust them to do the right thing,, So it is said, so it shall be done!!

Edited August 29, 2014 by Willy

[GregS]

One thing is that no 'code' exists anywhere for mmj, be it residential or commercial. City inspectors will begin to make it up as they go along & it might very well seem punitive as time goes on, and asbit becomes codified.

 

Been thru the rush of new codes before... it could potentially require a teardown & rebuild. For example, they may say no exposed wood or no poly as fire code... how many folks will that effect? Or specialty fire supression systems. Could get prohibitive if they aren't rational about it. Code could effectively shut down most grows.

The perfect reason to keep it up to code if you choose not to let them know. You can source the code from your local municipal offices. It is the cost of doing business. It is possible to pull permits and have your improvements inspected without mention of mj cultivation. To, say, wire a 240 v circuit or two and installing fixed ventilation ductwork does not require you state the purpose, but only that the improvement is being made. Don't tell them what they don't need to know.

Edited August 29, 2014 by GregS

[Kingdiamond]

Don't register just keep it a secret use filters don't tell anyone and smoke out of sight from the public.