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B-Ham Ordinance Aimed At Marijuana Outlets


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Everyone knows it's illegal to do anything illegal in Birmingham.

Now it's in the books.

A new ordinance adopted Monday by the City Commission prohibits any medical marijuana outlets or medical marijuana grow establishments or dispensaries in Birmingham. If the ordinance language sounds vague, it's because city officials believe state law regarding marijuana is somewhat hazy.

“Our thought is less is more,” Police Chief Don Studt said of the language.

Here's how the ordinance reads:

“It shall be unlawful for any person or business to engage in any activity, conduct, use or venture in the city that is contrary to federal, state, or local laws or ordinances, including violations of this code or the City of Birmingham zoning ordinance, and any statutes and codes adopted or utilized by the city.”

While Michigan voters approved the legalization of medical marijuana in 2008, City Attorney Tim Currier said federal law still classifies the drug as an illegal substance. Currier also said that under the Obama administration the justice department has more or less adopted a “hands-off” policy toward enforcing the federal marijuana laws.

Studt said he's already receive some general inquiries from attorneys who want information about opening a medical marijuana dispensary in Birmingham.

“It's out there,” he said.

Studt said the ordinance doesn't necessarily target private use, but prohibits the growing and distribution of marijuana within the city limits. He added that Rochester and Livonia adopted identical ordinances.

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Thanks for the Info, at this point...I'd assume just about every city in Michigan has had someone call or inquiry about opening up anything Medical Marijuana and business related. Anyone know of a post or listing of cities that have already specifically said "NO", "YES", or "Were thinking about it"?

 

I know Hazel Park, Oak Park, Ferndale are all in favor, but have yet to officially make an ordinance. Auburn Hills, Ann Arbor, Cheyboygan already have Zoning info for Dispensary businesses. Places like Livonia, Rodchester, Fenton, Royal Oak, and b-ham all seem to be very opposed to the idea.

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Thanks for the Info, at this point...I'd assume just about every city in Michigan has had someone call or inquiry about opening up anything Medical Marijuana and business related. Anyone know of a post or listing of cities that have already specifically said "NO", "YES", or "Were thinking about it"?

 

I know Hazel Park, Oak Park, Ferndale are all in favor, but have yet to officially make an ordinance. Auburn Hills, Ann Arbor, Cheyboygan already have Zoning info for Dispensary businesses. Places like Livonia, Rodchester, Fenton, Royal Oak, and b-ham all seem to be very opposed to the idea.

The Village of Dryden said yes. 7 of 7 Board members ok'd the new dispensary. The hearing to decide whether to allow them permanent residence is this Thursday at 7pm, I think.

 

I'm really curious to know what our Board would say here....

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I think you can add Grosse Pointe to the list of "NO".

 

This is a ripe opportunity for some cities to become "hip" and create a unique social environment. Many cities as we know are struggling and you would think they would see the potential. Not just in $$$$ but creating a hip "city zoning" culture which offers coffee shops, stores, restaurants, art galleries, etc. Many cities here in Michigan really need to understand the dynamics and how many folks in their community would embrace such an outlet if done right. It's too bad, especially when I compare how Denver is REAPING the perks of the new medicinal initiative (they certainly took the medical ball and ran with it at a rocket pace). We all know that our state is backlogged with applications, so political folks CAN YOU PLEASE MAKE THE CONNECTION and give it a try. REALLY, WHAT DO MOST CITIES HERE IN MI HAVE TO LOSE? So many ripe areas here, I just hope Michigan cities that do allow dispensaries will NOT put these facilities in poor/shady locations with the potential for crime (just because there out of the communities watchful eye). WRONG WAY TO GO in my opinion. These zoning dispensaries need to LOCATED in safe, protected VISIBLE environments. What do most cities have to lose? Regarding community ETHICS, do lawmakers really think the crime/corruption rate is going to sky rocket, I think NOT? Especially in cities which offer large amounts of alcohol to their local community via bars, nightclubs. I'm sure cities like Royal Oak must have MANY DUI's due to the powerful/dangerous DRINKING ECONOMY. The contradictions just drive me MAD politically speaking. Whichever cities embrace these exciting and experimental policies very well could be setting themselves up for a FINE REWARD on several social and economic fronts for their community. Should be interesting to see how these policies works themselves out in next few years in Michigan and at the Federal level. These are groundbreaking political shifts, if a city is BROKE (like most are in MI) they should put a well-thought plan together and carefully develop the REWARDS.

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Guest finallyfree09

A few years back the U.S. Supreme Court ruled that while federal law trumps state law with regards to the legality of cannabis, states with medical marijuana laws must enforce those laws even if they are in direct conflict with federal law. I don't remember the name of the case but i am pretty sure it came from California.

 

When people get busted in these towns that are passing these ordinances and go to court and win the P.A. will probably appeal it all the way to the top, and when they do.... they will be put in their place. It is going to take a couple of years but eventually the local governments will realize that they have no choice but to uphold the law.

 

i think that because dispensaries aren't specifically mentioned in the law, local governments can ban them. But they can't stop caregivers from operating within city limits in my opinion.

 

My local govt is rumored to be passing an ordinance that will ban the growth and distribution of mmj. it is pretty upsetting but eventually they will be stopped.

 

Hang in there! I am hangin in there right along side you friend.

 

peace

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There is no way that they can pass an ordinance that is counter to what the state already has in effect. They can make rules that are less punative than state law provides, but they cannot pass an ordinance that is more punative than state law. This is a violation of the law already enacted by the state, they cannot restrict the growth of cannabis within thier city, by patients nor caregivers...if they try to enforce the law as it is stated above, then they are going to see me in thier courtrooms.

 

Peace...j.b.

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WOW

That is just out of control....

 

I am sorry but a city govt should not be able to overrule state govt.

 

I understand the federal issue and would really like to hear about this case mentioned above with the Supreme Court....

 

If that is so, looks like someone could really challenge these cities!!

 

I hope someone does that, I hope it is someone with deep pockets so they can win or who has a good relationship with

an attorney who realizes what a life changing case this could be,

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