South Lyon Looks To Regulate Medical Marijuana Growing

[bobandtorey]

South Lyon City Council took the first steps in passing an ordinance to regulate medical marijuana growing operations in the city.

But not everyone is on board with more regulation of the voter-approved substance. Councilwoman Erin Kopkowski said she is concerned about the potential abuse of police randomly inspecting facilities.

Council members approved the first reading of the ordinance earlier this month with Kopkowski the sole opposing vote. Another reading and approval is required before the ordinance is passed and can take effect.

Potential harassment

Kopkowski said she was concerned about potential harassment of medical marijuana caregivers if there are no stipulations in the ordinance specifying how and when police will be allowed to inspect legal growing operations. Kopkowski said she opposed the proposed ordinance stating the growing facility “shall be subject to inspection from time to time ... to ensure compliance with applicable laws, codes and rules.”

“I think there has to be reasonable cause” for inspections to protect the medical marijuana grower from harassment, Kopkowski said.

The proposed ordinance states patients with medical marijuana cards are allowed to grow as many as 12 plants in their homes for their own use. Medical marijuana caregivers can grow marijuana for themselves and as many as five people with medical marijuana licenses. Growers would be allowed a maximum of 72 plants. The growing process for caregivers would be limited to light industrial and general industrial zoning districts with special land use approval by the city’s planning commission.

“Are we going to allow the police to go into a pizza place and count their pepperoni?,” Kopkowski asked, adding that the same rules should apply to businesses growing marijuana. “If there’s no complaints ... our local police shouldn’t be able to go in there and count if there’s 72 plants.”

Same for all

If a complaint is made in a residential area, police can request entry into the home. If a medical marijuana card holder declines such a request, police need a search warrant to go inside. Similarly, police should need a search warrant for businesses that grow marijuana, Kopkowski said.

Police Chief Lloyd Collins said he likened the inspection process to businesses with liquor licenses.

“If you have a liquor license in the state of Michigan the police have a right to go in any time and do an inspection,” Collins said. “I think we should have the same right for a substance that has a lot more potential for profit and a lot more potential for abuse.”

In an effort to limit traffic near the growing facility, the proposed ordinance also prohibits the “transfer or distribution” of marijuana at the growing facilities. The ordinance says the growing facility has to be at least 1,000 feet away from elementary and secondary schools, childcare facilities, places of worship, public or private parks and any other medical marijuana caregiver growing facility.

It also prohibits caregivers from setting up a growing facility within 50 feet of a residence.

Abuse possible 

Councilman Mike Kramer said there’s a lot of potential abuse by people with marijuana caregiver cards.

“You are relying on the word of an individual that they’re growing 72 plants in a warehouse,” Kramer said. “I don’t want to be in a position where we are agreeing to allow caregivers access to the city and God knows how many plants they’re growing.”

Kopkowski said she doesn’t want to see police going to medical marijuana growing businesses and “say I want to count your plants, because today is Monday and I want to count your plants. This is to protect the caregiver from being harassed when they come into a community that doesn’t welcome you.”

If passed, the local ordinance would augment Michigan’s medical marijuana law, which was approved by voters in November 2008. Since then, many local communities enacting moratoriums on issues like dispensaries and growing operations as the impacts of the law became clear.

 

http://www.hometownlife.com/story/news/local/south-lyon/2015/03/19/marijuana-south-lyon-ordinance-police-search-warrants/25010927/

Edited March 20, 2015 by bobandtorey

[rockinlespaul]

A good portion of South Lyon is in Oakland County. Just a fyi...

[Willy]

and are we surprised to see this, bet they won't do that when they take over production by state, and distribution by state, you can bet there cronies, get those licences with out any follow-up to compliance!

[trichcycler]

“If you have a liquor license in the state of Michigan the police have a right to go in any time and do an inspection,” Collins said.

 

“I think we should have the same right for a substance that has a lot more potential for profit and a lot more potential for abuse.”

 

so cops can break into a party store, at lights out,  just to take a look around the liquor shelves?  without a search warrant?   are you sure of that officer?

and wtf is with fighting for the right to enter private residences without a search warrant?   should we be concerned of their plight, and the motives behind it?




"a lot more potential for profit and a lot more potential for abuse.” than alcohol??? wtf?

[trichcycler]

I find it fearful with their endless supply of cash, prosecutorial zeal, and small savings of many ill citizens. Interesting how the "wrong people" are so good at finding these positions. Their end game has me trembling sometimes.

[bobandtorey]

Isn't it sick how many public officials we have seen calling for warrantless searches and violating substantial civil rights of cardholders?

Thank you

 

warrantless Searches sorry it's in Oakland County it does happen all the time but 2016 we all have a plan to stop it and  " FREE THE WEED "

[t-pain]

ordinance posted

http://archive.hometownlife.com/article/20150521/LEGALS19/150520018/ORDINANCE-NO-04-15

 

CITY OF SOUTH LYON

OAKLAND COUNTY, MICHIGAN

AN ORDINANCE TO AMEND THE CITY OF SOUTH LYON CODE OF

ORDINANCES, CHAPTER 102 - ZONING, ARTICLE VII -

SUPPLEMENTARY DISTRICT REGULATIONS, BY ADDING

DIVISION 5, SECTIONS 102-494 THROUGH 102-502, SETTING

FORTH REGULATIONS CONCERNING THE MEDICAL USE OF

MARIHUANA AND RELATED LAND USES AND ACTIVITIES

THE CITY OF SOUTH LYON ORDAINS:

PART I. Amendment to Chapter 102. Article VII. Chapter 102 - Zoning, Article VII

- Supplementary District Regulations, of the City of South Lyon Code of Ordinances is amended to add the following:

DIVISION V. - REGULATIONS CONCERNING MEDICAL USE OF MARIHUANA AND RELATED LAND USES AND ACTIVITIES

Sec. 102-494. - Intent.

(a) The City of South Lyon recognizes that the citizens of the State of Michigan, by initiative, approved the medical use of marihuana and the possession of marihuana for such purposes by persons suffering from debilitating conditions defined in the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421 to 333.26430 (the “Act”). In addition, the Act authorizes registered qualifying patients to be assisted in such use by registered primary caregivers. The medical use of marihuana is a unique land use with ramifications not addressed by more traditional zoning regulations. This Ordinance is intended to address the medical use of marihuana and related land uses and activities within the City and to provide appropriate and reasonable zoning regulations of the medical use of marihuana allowed by the Act.

(b) Also, although some specific medical uses of marihuana are allowed by the Act, marihuana remains a class 1 controlled substance under federal and state law, and the use, possession, and manufacture of marihuana remains illegal. Nothing in this Ordinance grants, nor shall anything in this Ordinance be construed as granting, immunity from or affirmative defenses against criminal or other prosecution under state laws or local ordinances, including without limitation this Ordinance, for the acquisition, cultivation, manufacture, use, internal possession, delivery, transfer or transportation, sale, distribution, or possession of marihuana which is not in strict compliance with the Act and the General Rules of the Michigan Department of Licensing and Regulatory Affairs (LARA), or other applicable department of the State of Michigan. Also, since federal law is not affected by the Act or LARA’s

General Rules, nothing in this Ordinance is intended to grant, nor shall anything in this Ordinance be construed as granting, immunity from or an affirmative defense against criminal prosecution under federal law. Moreover, nothing in this Ordinance shall be construed or interpreted as endorsing, aiding, or abetting violations of federal, state, or local laws. The Act and this Ordinance do not protect qualifying patients, primary caregivers, users, or the owners of properties on which the medical use of marihuana occurs from federal prosecution, or from having property seized by federal or state authorities under the federal Controlled Substances Act or other federal laws.

© Nothing in this Ordinance allows, nor shall anything in this Ordinance be construed as allowing, persons to engage in conduct that endangers others or causes a nuisance, or to allow use, possession, control, or the manufacture of marihuana for non-medical purposes or to allow activity relating to cultivation, manufacture, distribution, use or consumption of marihuana that is otherwise illegal.

Sec. 102-495. - Definitions.

The following words and phrases shall have the following definitions when used in this Ordinance.

(a) Words and phrases contained in the Act. This Ordinance contains some words and phrases that are defined in the Act. As used in this Ordinance, they have the same meaning as provided in the Act, except that if at any time the definition of a word or phrase set forth below conflicts with the definition in the Act, then the definition in the Act shall apply. These words and phrases are as follows:

i. “Department” means the State of Michigan department of licensing and regulatory affairs.

ii. “Marihuana” means that term as defined in Section 7106 of the Public Health Code, 1978 PA 368, MCL 333.7106.

iii. “Medical use” means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient’s debilitating medical condition or symptoms associated with the debilitating medical condition.

iv. “Primary caregiver” means a person who is at least 21 years old and who has agreed to assist with a patient’s medical use of marihuana and who has never been convicted of a felony involving illegal drugs, as defined in the Act. v. “Qualifying patient” means a person who has been diagnosed by a physician as having a debilitating medical condition in accordance with the Act.

vi. “Registry identification card” means a document issued by the State of Michigan that identifies a person as a registered qualifying patient or a registered primary caregiver.

(b) Other words and phrases. The words and phrases in this subsection, as used in this Ordinance, shall have the following meanings:

i. “Child care organization” means a governmental or non-governmental organization having as its principal function receiving minor children for care, maintenance, training, and supervision. Child care organizations include organizations commonly described as child care institutions, child placing agencies , children’s camps, children’s campsites, children’s therapeutic group homes, child care centers, day care centers, nursery schools, parent cooperative preschools, foster homes, group homes or child care homes as defined in 1973 PA 116, MCL722.111, as amended.

ii. “Marihuana” or “medical marihuana” means that term as defined in Section 7106 of the Public Health Code, 1978 PA 368, MCL 333.7106, as amended.

iii. “Medical marihuana caregiver growing facility” means a property, parcel, premises, building or structure from where no more than one (1) primary caregiver cultivates, grows, manufactures, processes and/or stores or holds medical marihuana for up to five (5) qualifying patients to whom he or she is connected through the department’s registration process in compliance with the Act and this Ordinance.

iv. “Michigan Medical Marihuana Act” and “Act” mean the Michigan Medical Marihuana Act, MCL 333.26421 et seq.

Sec. 102-496.- Compliance with state rules and regulations.

The medical use of marihuana shall comply at all times and in all circumstances with the Act and the general rules of the Department and this Ordinance, as amended from time to time.

Sec. 102-497. - Locations.

(a) A medical marihuana caregiver growing facility shall be allowed only in the I-1 Light Industrial and I-2 General Industrial zoning districts as a use permitted subject to special conditions as provided for in this Ordinance and subject to review and approval by the Planning Commission pursuant to the special land use procedures provided for in Section 102-66, as amended from time to time, and this ordinance.

(b) No medical marihuana caregiver growing facility shall be located within one thousand (1,000) feet of a parcel on which a public or private elementary or secondary school, child care organization, place of worship, public or private park, or another medical marihuana caregiver growing facility is located.

© No medical marihuana caregiver growing facility shall be located within fifty (50) feet of a residential dwelling or a structure which is principally used for residential purposes which distance shall be measured structure to structure.

Sec. 102-498. -Additional special land use application information. In addition to the information and documentation to be submitted pursuant to Section 102-66 for a special land use application, a primary caregiver shall also submit the following:

(a) Proof of his or her valid, unexpired registry identification card(s) identifying him or her as a primary caregiver and/or qualifying patient.

(b) Proof of Michigan residency in the form of a valid lawfully obtained Michigan driver license or a valid Michigan voter registration, or other equivalent proof of residency. © Photographic identification in the form of a valid Michigan driver license, photo identification card issued by a state or federal or state agency, passport, current military identification card, current student identification card with a photograph, or an equivalent photographic identification.

(d) Medical marihuana history of the applicant.

(e) A statement whether such person has had a business license revoked or suspended, the reason(s) therefore, who revoked it, and the business activity or occupation subsequent to such action of suspension or revocation.

(f) A description of the proposed medical marihuana caregiver growing facility, including detailed specifications of equipment, lights, and other electrical, plumbing and mechanical equipment or improvements to be used in the storage, growing, cultivation, manufacturing, harvesting, or processing of marihuana for medical use.

(g) A list or description of any fertilizers, herbicides, pesticides and any hazardous materials that will be used or stored at the medical marihuana caregiver growing facility.

(h) A description of security measures or plans designed to ensure that the premises is secure at all times, including lighting, alarms, locks, barriers, recording or monitoring devices, or security services.

(i) Proof of insurance for the premises, building and contents thereof in an amount equal to or greater than the value thereof, and general commercial liability insurance or other equivalent insurance in a minimum amount of $100,000.

Sec. 102-499. - Medical marihuana growing facility regulations.

(a) Only a registered primary caregiver who is an individual person is eligible for a special land use approval for a medical marihuana caregiver growing facility which approval shall not run with the land.

(b) The medical use of marihuana and the amount of marihuana and marihuana plants in the possession of the primary caregiver on the premises in connection with a medical marihuana caregiver growing facility shall comply, at all times and in all circumstances, with the Act and general rules of the Department, as amended from time to time.

© Marihuana on or at the premises shall be limited to the number of plants and the amount of usable marihuana permitted under the Act for each registered qualifying patient connected to the primary caregiver through the department’s registration process as receiving assistance from the registered primary caregiver, plus an amount which may be legally possessed by the registered primary caregiver, if he or she is also a qualifying patient. But, in no event shall more than seventy-two (72) marihuana plants be located on the premises.

(d) All medical marihuana shall be contained within the main building in a secure, enclosed, locked facility inaccessible on all sides, including top and bottom, and equipped with locks or other security devices that permit access only by the primary caregiver.

(e) No person shall reside in or permit any person to reside in a medical marihuana caregiver growing facility.

(f) No one under 18 years of age shall be allowed to enter a medical marihuana caregiver growing facility unless accompanied by his or her parent or guardian.

(g) No smoking, inhalation, or consumption of marihuana shall take place on the premises.

(h) All activities shall be conducted indoors.

(i) No equipment or process shall be used in which creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses beyond the property boundary.

(j) The premises, including any building(s) and structure(s), shall be designed, operated and maintained, at all times, consistent with responsible business practices and so that no excessive demands are placed on public services, including public safety services, nor any excessive risk of harm to the public health, safety, welfare, sanitation, interference with vehicular or pedestrian traffic or parking, or the continuance of maintenance of any unlawful conduct or nuisance.

(k) No delivery, distribution, dispensing, or transfer of marihuana shall occur on the premises. The primary caregiver shall deliver medical marihuana to his or her qualifying patients off premises, at the residence of the qualifying patient, or elsewhere.

(I) A medical marihuana caregiver growing facility shall comply with all applicable fire, building, plumbing, electrical and mechanical codes, regulations and statutes and obtain required permits and approvals.

(m)A medical marihuana caregiver growing facility shall be subject to inspection from time to time by authorized officials of the City of South Lyon, including the Police Department, to ensure compliance with applicable laws, codes, and rules.

(n) Information treated as confidential under the Act, including the primary caregiver registry identification card, and any information about qualifying patients connected with the primary caregiver which is received by the City, shall be treated as confidential and maintained separate from the public information submitted in support of an application, shall not be distributed or otherwise made available to the public, and shall not be subject to disclosure under the Freedom of Information Act.

(o) A medical marihuana caregiver growing facility shall comply with all other regulations of the zoning district in which it is located, except when they are in conflict with this Ordinance, in which case this Ordinance shall prevail.

(p) A zoning compliance certificate from the City’s Planning Department is required.

( q) A primary caregiver who receives special land use approval for a medical marihuana caregiver growing facility shall immediately notify the City of any change regarding any action, determination or other event affecting the validity or invalidity of his or her status as a primary caregiver and his or her registry identification card including its revocation, suspension, expiration, and non-renewal.

Sec. 102-SOO. -Qualifying patient regulations.

(a) An individual residing in the City who is a registered qualifying patient with valid registry identification card may grow up to twelve (12) marihuana plants for his or her own use at his or her residential dwelling in compliance with the Act and the conditions of this Section.

(b) The principal use of a qualifying patient’s dwelling unit shall be residential occupancy, and it shall be in actual use as such.

© A qualifying patient’s use of his or her residential dwelling for the cultivation or growing or other lawful activity relating to the medical use of marihuana for solely personal use shall comply at all times and under all circumstances with the Act, the general rules of the Department and this section, and the requirements of the zoning district in which his or her dwelling is located.

(d) All required fire, building, electrical, plumbing and mechanical permits shall be obtained for any portion of the dwelling in which electrical wiring, lighting, or watering devices used to support the cultivation, growing, harvesting, and processing of marihuana are located, and for any improvements to the dwelling relating to the medical use of marihuana.

(e) If a room with windows is utilized as a location for growing and cultivation marihuana, any lighting methods associated with or required by or for growing and cultivation that exceed typical residential periods between the hours of 11 p.m. and 7 a.m. shall employ shielding methods, without alteration to the exterior of the dwelling, to prevent ambient light spillage that may create a distraction for adjacent dwellings and residential properties.

(f) The portion of the dwelling where energy usage and heat exceeds typical levels for residential use, such as a grow room, and the storage of chemicals such as fertilizers, herbicides and pesticides shall be subject to inspection and approval by the South Lyon Fire Department to ensure compliance with the Fire Prevention and Protection Code and other applicable fire codes and regulations.

(g) The cultivation and growing of marihuana is prohibited in an accessory structure.

(h) A qualifying patient shall not use equipment or a process in connection with the medical use of marihuana, including the cultivation, growing, harvesting or processing of marihuana plants, which creates noise, dust, vibration, glare, fumes, odors or electrical interference detectable to the normal senses outside the dwelling.

Legal Notice continues on page B5

Publish: May 21, 2015 LO-0000243091

Edited May 21, 2015 by t-pain

[suneday11]

The home is the most sacred thing in the law. This violates the 4th and 14th amendments for sure. This is yet another reason why even my tires won't make contact with a roadway in Oakland County.

[suneday11]

The ordinance just posted outlaws homegrowing, no?

Edited May 21, 2015 by suneday11

[beourbud]

(g) The cultivation and growing of marihuana is prohibited in an accessory structure.

 

Does this mean you have to grow in your house?  No Garage or shed where hazards would be minimized?

 

First they complain about the hazards of growing your basement and then they condemn you to it.

Edited May 21, 2015 by beourbud

[trichcycler]

The ordinance just posted outlaws homegrowing, no?

I think only in an outbuilding, but I don't know what an accessory structure is really. Like an attached greenhouse, or an unattached one?

[+Malamute]

It is completely unenforceable. 

 

 Another great city to sue. :-)

 

I mean, if these people actually read the law ya know....drives me crazy.

 

Sec 6(g) Possession of, or application for, a registry identification card shall not constitute probable cause or reasonable suspicion, nor shall it be used to support the search of the person or property of the person possessing or applying for the registry identification card, or otherwise subject the person or property of the person to inspection by any local, county or state governmental agency.

 

 

I have heard the prosecutors argument on this that it isnt the possession of the card that is creating the search, it is the marijuana that does so...

 

*double blink*

 

Heh.

 

 I also believe Sec. 4(a) and (b) play into this:

 

Sec. 4. (a) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty in any manner, or denied any right or privilege, including but not limited to civil penalty or disciplinary action by a business or occupational or professional licensing board or bureau, for the medical use of marihuana in accordance with this act,

[trichcycler]

can an attorney sue this city without anyone being yet charged?

[+Malamute]

Someone needs to prove damages basically.

 

We Jon Doe'd one city.

 

 I would have to dig up the court docs again.

 

Dismissed without standing I believe it was.

[t-pain]

Terbeek did it

[Kingdiamond]

Just another instance of politicians shoveling taxpayers money into a blazing fire pit total waste of time and unenforceable if  someone's willing to fight it.

[+Malamute]

Ahh yes, that was one of the cities.

 

I knew we(CPU Attorneys) filed in 2 cities on this one.

 

I do have those documents..

[blackhorse]

Read the minutes of South Lyon council and city attorney recommended the council reconsider the motion as they only had 3 yes votes and need 4 yes votes. After discussion, no action was taken. Attorney was to do more research on the quorum issue.

 

So not sure this motion was passed legally. City attorney stated that.

 

Next meeting is May 26th. (I think)