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Council Approves Application Suspension And Timeline For Medical Marijuana Facilities


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FERNDALE —  The Ferndale City Council adopted a resolution during its Aug. 10 meeting to suspend the processing of medical marijuana operation applications pending a new timeline set up for three operations already approved by the city.

In May, the City Council approved a special land use permit for the third medical marijuana facility in the city in the past 18 months, but none of the three have opened.

Due to the unknown effect that the facilities will have on city resources, particularly the Police Department, the City Council established that at least one facility must be open for six months to give the police time to study the impact before the City Council approves any new applications.

One of the facilities, located on East Nine Mile Road, has begun construction, Community and Economic Development Director Derek Delacourt said, but the other two facilities have yet to pull building permits. So, council also established that both facilities have 12 months from the time their special land use permit was approved to be ready to open, or they lose the permit.

Both guidelines were put into effect as the city has two current applications for special land use permits for medical marijuana facilities, which council agreed to allow to go through the approval process, as well as several others that have expressed interest in doing business in the city.

However, council wants to see how taxing the facilities might be in order to determine how many can operate safely in the city.

“While these facilities have the special land use permit, one question we have struggled with continuously is, ‘how are these going to tax our public services, including the Police Department?’ Delacourt said. “The police don’t have adequate information to make a determination and feel comfortable making a recommendation until they see one open and see the impact on the department.”

The original resolution asked for council to shorten the normal two-year period that special land use permit holders have to begin operations to 18 months, but several council members felt that 18 months still was too long.

Delacourt said six months would be the least possible time advisable to make sure they went through the proper steps to receive a certificate of occupancy, but that 12 months was the most reasonable time frame.

“We want to see these (facilities) operate and succeed, but we are frustrated because in the last year and a half, we have approved one and another and another, and see them sitting there not doing anything,” Mayor Dave Coulter said. “Our ultimate goal is to have them (open). Show us what kind of business you do so we can judge what kind of resources we will need in the future to guide these things.”

Ferndale Police Chief Timothy Collins said he has spoken with the police chief in Ypsilanti, a city that has six medical marijuana facilities operating, but even Ypsilanti doesn’t have best practices established yet.

Collins said Ypsilanti police do one inspection every six months of the facilities, a process that requires building and fire inspectors and takes a few days to get through all six.

“We would like to know what they will provide us, what access they will provide and if there will be any issues,” Collins said of the facilities. “Maybe we are lucky and got the three best applicants in the world who follow all the rules, but my experience is not every single one will be the best entrepreneur in the area. There is a lot of room for fraud and drug dealing, and I believe it will be a labor-intensive operation to do it correctly.”

The original resolution asked for the City Council not to approve any special land use permits for medical marijuana facilities beyond the current three, but the council felt that the two that have already applied, which cost $2,000 to do, should be allowed to go through the approval process because they have committed finances.

Councilwoman Melanie Piana said she understands that the city wants to study the impact the facilities will have on the city resources, but she feels the two applicants have done their due diligence and so should the city.

“It is not guaranteed that if an operator purchases property they are getting a special land use permit, but these two have met the requirements of the application, and we should go through the guidelines of the process,” she said. “Many cities are putting limits on the number of operations, and we need to set limits to help the city manage the resources and understand what these new facilities mean to city services.”

While C-Gardens on East Lewiston Avenue, the facility that council approved in May, is one of the operations that has not applied for a building permit yet, the owner’s attorney, Denise Pollicella, said they are not worried about the changed time frame and understand the council’s action.

“We are not particularly concerned because we are well underway, so I don’t see this adversely affecting us,” she said. “I understand their reasoning, because it makes sense that you don’t want someone sitting on a license forever. The police chief would like to see one open to gauge enforcement needs, and I think it will be marginal, but you never know until they are open.”

Going forward, City Attorney Daniel Christ said, the City Council can set a time frame with each individual group seeking a permit to make sure they are committed to opening a business in the city.

Until one operation is open for six months, the resolution will allow the city to continue to accept applications, but none will be processed until after that point.

“The city administration has been concerned and are anxiously awaiting one approved operation to actually open,” Christ said. “Police have expressed concern with both capacity and burdens associated with enforcement and oversight with those facilities. Absent one of the facilities opening, it is hard to gauge what actual impact they will have once they are open.”

 

 

http://www.candgnews.com/news/council-approves-application-suspension-and-timeline-medical-marijuana-facilities-85590

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