Muskegon City Commission: Medical Marijuana Ordinance Back On The Agenda

[bobandtorey]

MUSKEGON, MI -- A medical marijuana ordinance that will be taken up again by the Muskegon City Commission this week would ban dispensaries contemplated in proposed state legislation.

The city commission will be asked to take the first of two votes on the ordinance amendment when it meets at 5:30 p.m. Tuesday, Sept. 23. A second vote may be taken on Oct. 14 if the first vote isn't unanimous or if the commission simply wants a second vote.

The ordinance retains most of the regulations, including licensing of all medical marijuana growers, that were in a proposed amendment the commission discussed in mid-August. City staff pulled that ordinance amendment after learning about House Bill 4271, which proposes rules for "provisioning centers" -- known more widely as dispensaries -- and "safety compliance facilities" that would be required to test provisioning center marijuana.

Such provisioning centers, where medical marijuana could be bought and sold, and compliance facilities are banned under the city's proposed ordinance. City Manager Frank Peterson said if the bill, which passed the House last December, is adopted, the city could later discuss whether and how to license and regulate -- including through zoning -- provisioning centers and compliance facilities.

"We want to make sure we're prepared if that bill passes," Peterson said. "We want protection in place so there isn't a free-for-all."

The proposed amendment would require caregivers -- who can grow up to 72 marijuana plants for patients -- and patients who grow their own marijuana to be licensed by the city. The city is proposing that caregivers would pay a $1,500 licensing fee, and $1,100 annually to renew, while patients would pay $100. Fees will be established by a different resolution separate from the ordinance.

There also would be added fees for required inspections of electrical, plumbing and ventilation systems. The inspections are particularly necessary because of the city's aging housing stock and concern that any added stress on electrical systems placed by a grow operation could cause fires, Peterson said.

City officials have no idea how many approved medical marijuana users and caregivers live in the city. The licensing requirement would at least give the city staff information on where grow operations are being conducted.

Under the city's proposal, the locations where caregivers can cultivate medical marijuana would grow considerably. It allows medical marijuana operations in areas zoned B-2, -3 and -4 business districts; B-5 governmental services; I-1 and -2 industrial; and medical care. The current ordinance restricts them to heavy industrial areas.

While patients would be allowed to grow medical marijuana in residential areas, caregivers would not. The ordinance also requires plants be grown indoors in a locked area.

 

http://www.mlive.com/news/muskegon/index.ssf/2014/09/muskegon_city_commission_medic.html

[Willy]

Were do they come up with this sheet.... Charging CG's for growing, bullsheet... again I dont think anyone is dumb enough to pay that , or bother to even register... I wont thats for sure...

Edited September 23, 2014 by Willy

[imiubu]

Being on one list (LARA) is one more than I am comfortable with.

 

How can they force us to be licensed when they aren't even suppose to know we are in the mmmp?

 

imo, all the ordinances across the State are about revenue for the municipalities and not about safety.

I may be jaded though.

[Willy]

These are all due to shitte, he went and got to the townships, etc to adopt this style of stopping medical mj, its from a year or two ago, municipal league, remember the open meetings that no one was allowed into? they went from town to town with this concocted way of stopping mj,, money in this case is not the real reason.. its plain stopping mj and cg's.... by making a cg pay 1500. it can stop them in there tracks.. that is a lot of money.. I'll say this, if they think we should sign up to that, then i say we should be able to service more than 5 patients..and if i am forced to pay or register,, you can bet i'll expand my horizons.. under the table of course...

 

Two can play this bullsheet game!

Edited September 23, 2014 by Willy

[imiubu]

I remember Willy.

My comments below are not directed at you either Willy

 

 

I think that it is always about the money when it comes to gov't.

They devise more and more ways to take ours, bottom line.

 

$1500. yrly is a buck twenty five a month, which is maybe 'doable' but

only by the cost trickling down to where??? The patients, imho.

 

Oh, and that is just the fees... what if a CG doesn't meet what ever 'standard'

these municipalities set??? Gotta spend more $$ to be compliant. 

AND... who is deciding these standards for inspections (outside of the obvious ie; electrical)

HOW will the standards for a safe grow operation be determined when there are no

set standards currently.  I say fukk em.

Edited September 23, 2014 by imiubu

[GregS]

They cannot enforce the proposed provision for caregiver licensing in the City. Period. 

[journeymike]

It's the city of Muskegon not the county. All caregivers should exodus if this passes. All people should avoid the city completely then. Don't purchase a thing in the city of Muskegon. It would completely collapse. Don't go to parties in the park, don't buy a burger,a drop of gas, nothing at all. The city of Muskegon is a small place in the county of Muskegon. An all out boycott of the city of Muskegon would bankrupt that hole in months. The county of Muskegon has many other cities and townships that won't be adopting this sort of b.s. If they think this will bring the city extra cash they couldn't be more wrong. Businesses have been leaving the city for years and this would cause them to raise the city tax on homeowners and business owners. Forclosed homes owned by banks would be sold for pennies on the hundred dollars. My prediction for the city if they choose to adopt this is it will turn into another Muskegon Heights. By the way has anybody seen the expansion of the city jail at the Michael Kobza building? Keep your butt away from Muskegon, you won't even miss it. There gonna make another bad decision like they have been for 30 years.

[bobandtorey]

MUSKEGON, MI -- A moratorium on the growing of medical marijuana in Muskegon will remain in place at least until next month when the city commission will take a second vote on an amended ordinance allowing for cultivation in expanded areas of the city.

 

The commission last week removed criminal penalties for violating the city's medical marijuana ordinance, but kept in place the right of police officers to inspect grow operations. Having both the misdemeanor penalty and allowing for police inspections would have raised constitutional issues, according to a city attorney.

 

The amended ordinance would allow caregivers of medical marijuana patients to grow the plant in many more areas of the city than the ordinance currently allows. Such grow operations would be allowed in most areas of the city other than those zoned residential.

 

Commissioner Ken Johnson, who was the only commissioner to vote against the amended ordinance on Sept. 23, objected to the right of law enforcement officials to conduct unannounced inspections of grow operations. He also spoke against charging annual licensing fees for patients who grow their own medical marijuana.

 

Because the Sept. 23 vote was not unanimous, the commission will have to take a second vote before the ordinance takes effect. That vote is expected to be taken Oct. 14.

The proposed ordinance would require caregivers -- who can grow up to 72 marijuana plants -- and patients who grow their own marijuana to be licensed by the city. The city is proposing that caregivers would pay a $1,500 licensing fee, and $1,100 annually to renew, while patients would pay $100.

 

The ordinance also would require grow operations to "be open for inspection upon request by the city's appointed inspectors, building officials, fire department, and/or law enforcement officials for compliance with all applicable laws and rules, during normal business hours of 9 a.m. until 5 p.m. or as such other times as anyone is present on the premises."

Johnson tried unsuccessfully to remove "law enforcement officials" from that clause, but his motion died for lack of support. He did successfully get the commission to agree to remove the charge of a misdemeanor for violations of the ordinance. Instead, violations would be considered civil infractions and could also lead to revocation of a license.

 

Under the city's proposal, the locations where caregivers can cultivate medical marijuana would grow considerably. It allows medical marijuana operations in areas zoned B-2, -3 and -4 business districts; B-5 governmental services; I-1 and -2 industrial; and medical care. The current ordinance restricts them to heavy industrial areas.

 

Some opponents of the city's ordinance have argued that it violates state law. Commissioners repeatedly questioned Attorney Michelle Landis if she was confident aspects of the ordinance were appropriate. She said she was, but noted that state law is "silent" regarding regulation of the growing of medical marijuana.

 

She said the question of whether cities can regulate grow operations will have to be tested in court, noting that other municipal ordinances require inspections of grow operations.

Vice Mayor Lawrence Spataro said though the ordinance is not "perfect," it allows the city to lift the moratorium on grow operations.

 

"This is not a perfect document, nor can it be given the fluid nature of the legal status of this issue under current Michigan law," Spataro said. "I think it's as good as it's going to get given the current circumstances."

 

Medical marijuana caregiver Diane Foster, of 135 Ottawa, said the licensing fees are excessive. She said the city is assuming that all caregivers have five patients, which is not the case. Many, she said, are simply growing for a family member.

 

She also protested the idea of impromptu inspections, noting the medically fragile condition of some patients who grow for themselves.

 

"It is very insensitive to think you could enter their home at any particular time, considering they may have an ostomy, maybe they're bedridden, maybe they're not up to physical par to handle your inspections," Foster said.

 

But Commissioner Byron Turnquist, who called marijuana an "addictive drug" that needs to be controlled, spoke in favor of inspections by law enforcement.

 

"I feel very, very strongly the city has a right to come in and inspect," he said. "If a police officer comes to my door and he's properly identified and he wants to come in, why not let him? I'm not doing anything."

 

 

http://www.mlive.com/news/muskegon/index.ssf/2014/09/criminal_aspect_of_muskegon_me.html

Edited September 30, 2014 by bobandtorey

[+Malamute]

"Possession of, or application for..."

 

Sec. 6 (g) interpretation is the focus of such actions.

[t-pain]

Some opponents of the city's ordinance have argued that it violates state law. Commissioners repeatedly questioned Attorney Michelle Landis if she was confident aspects of the ordinance were appropriate. She said she was, but noted that state law is "silent" regarding regulation of the growing of medical marijuana.

 

She said the question of whether cities can regulate grow operations will have to be tested in court, noting that other municipal ordinances require inspections of grow operations.

how come cities have such dumb assclown lawyers?

needs to be tested in court? so your town of muskegon is going to be the one wasting all of that money?

[Chauncy Gardner]

MUSKEGON, MI -- A moratorium on the growing of medical marijuana in Muskegon will remain in place at least until next month when the city commission will take a second vote on an amended ordinance allowing for cultivation in expanded areas of the city.

 

The commission last week removed criminal penalties for violating the city's medical marijuana ordinance, but kept in place the right of police officers to inspect grow operations. Having both the misdemeanor penalty and allowing for police inspections would have raised constitutional issues, according to a city attorney.

 

The amended ordinance would allow caregivers of medical marijuana patients to grow the plant in many more areas of the city than the ordinance currently allows. Such grow operations would be allowed in most areas of the city other than those zoned residential.

 

Commissioner Ken Johnson, who was the only commissioner to vote against the amended ordinance on Sept. 23, objected to the right of law enforcement officials to conduct unannounced inspections of grow operations. He also spoke against charging annual licensing fees for patients who grow their own medical marijuana.

 

Because the Sept. 23 vote was not unanimous, the commission will have to take a second vote before the ordinance takes effect. That vote is expected to be taken Oct. 14.

The proposed ordinance would require caregivers -- who can grow up to 72 marijuana plants -- and patients who grow their own marijuana to be licensed by the city. The city is proposing that caregivers would pay a $1,500 licensing fee, and $1,100 annually to renew, while patients would pay $100.

 

The ordinance also would require grow operations to "be open for inspection upon request by the city's appointed inspectors, building officials, fire department, and/or law enforcement officials for compliance with all applicable laws and rules, during normal business hours of 9 a.m. until 5 p.m. or as such other times as anyone is present on the premises."

Johnson tried unsuccessfully to remove "law enforcement officials" from that clause, but his motion died for lack of support. He did successfully get the commission to agree to remove the charge of a misdemeanor for violations of the ordinance. Instead, violations would be considered civil infractions and could also lead to revocation of a license.

 

Under the city's proposal, the locations where caregivers can cultivate medical marijuana would grow considerably. It allows medical marijuana operations in areas zoned B-2, -3 and -4 business districts; B-5 governmental services; I-1 and -2 industrial; and medical care. The current ordinance restricts them to heavy industrial areas.

 

Some opponents of the city's ordinance have argued that it violates state law. Commissioners repeatedly questioned Attorney Michelle Landis if she was confident aspects of the ordinance were appropriate. She said she was, but noted that state law is "silent" regarding regulation of the growing of medical marijuana.

 

She said the question of whether cities can regulate grow operations will have to be tested in court, noting that other municipal ordinances require inspections of grow operations.

Vice Mayor Lawrence Spataro said though the ordinance is not "perfect," it allows the city to lift the moratorium on grow operations.

 

"This is not a perfect document, nor can it be given the fluid nature of the legal status of this issue under current Michigan law," Spataro said. "I think it's as good as it's going to get given the current circumstances."

 

Medical marijuana caregiver Diane Foster, of 135 Ottawa, said the licensing fees are excessive. She said the city is assuming that all caregivers have five patients, which is not the case. Many, she said, are simply growing for a family member.

 

She also protested the idea of impromptu inspections, noting the medically fragile condition of some patients who grow for themselves.

 

"It is very insensitive to think you could enter their home at any particular time, considering they may have an ostomy, maybe they're bedridden, maybe they're not up to physical par to handle your inspections," Foster said.

 

But Commissioner Byron Turnquist, who called marijuana an "addictive drug" that needs to be controlled, spoke in favor of inspections by law enforcement.

 

"I feel very, very strongly the city has a right to come in and inspect," he said. "If a police officer comes to my door and he's properly identified and he wants to come in, why not let him? I'm not doing anything."

 

 

http://www.mlive.com/news/muskegon/index.ssf/2014/09/criminal_aspect_of_muskegon_me.html

 

 

Umm... You don't THINK you are doing anything until the police officer informs you that you indeed ARE! Then what Mr. Commissioner? Think he will cut you a break and just tell you to correct the situation? Think again, sir. You obviously are not well informed re: police procedures.

[Restorium2]

"If a police officer comes to my door and he's properly identified and he wants to come in, why not let him?
 
Mr. Commissioner has a big hole in his knowledge about the history of our country. Apparantly he didn't read about writs of assistance. Pretty basic stuff.