Orion Township Zoning Out Mmj

[+OC Jay]

Lake Orion township meeting minutes

A. PC-2010-02, Text Amendment to Zoning Ordinance No. 78, Article III, Medical Marijuana (Compliance with Federal, State, and Local Laws): Mr. R. Donald Wortman, of Carlisle/Wortman Associates, Inc., overviewed their correspondence, dated March 22, 2010*; attached proposed text amendment*; and, attached correspondence from Sheriff Michael Bouchard, dated March 8, 2010*. He commented that in 2008, the State of Michigan approved Michigan's marijuana program and with that, it does allow medicinal marijuana to approved applicants and at that time they receive a certificate from the State. This has opened up the issues of how that would apply to local land use and local zoning. Michigan Building Departments have been getting questions regarding just how it will relate to the local government, particularly regarding paraphernalia, for growing marijuana, for distributing it, and compassion care clubs, etc. There is a bit of a retail trade and also a use trade. We need to determine where to site these types of facilities. Some communities have been coming up with zoning amendments addressing this issue. Auburn Hills recently came up with amendments pertaining to dispensaries, refining the language, regulating them, restricting them, etc. The City of Livonia recently amended their existing city ordinance, which included a few sentences that just said that any local zoning or land use has to comply with Federal, State, and local laws. The key word there is Federal and what happens then that if the Township's Building Department were to get a request asking where they could site a medical marijuana-related facility, the answer would be that Orion Township does not allow it, because it conflicts with Federal law. It might be legal with State law, but it conflicts with Federal law, so therefore, they're not allowed in our zoning districts. Regarding the above-mentioned Sheriff's letter, Sheriff Bouchard cites the City of Livonia ordinance as a possible alternative we may want to consider for Orion Township. After discussions with the Township officials, Mr. Wortman's office was directed to use this as a model to create a section in the ordinance that would in fact say that you have to comply with Federal, State, and local laws. He then overviewed the proposed text for members' review.

 

Commissioner Dyl noted the importance of the proposed language being reviewed by the Township Attorney to ensure that the proper procedures will be included, especially not putting the Ordinance Enforcement Officer in the position of having to enforce what is a police power law. She would like to see this head toward putting it in the zoning ordinance, but with the understanding that if the police determine or if there is somebody in the Township that is arrested for illegal activity, then this would give the Township the authority to shut that business down based on the fact that the activity is illegal. Our Building Department cannot interpret laws. As long as the police and the legal system are the ones that are determining that this is illegal activity and not our Building Department, I don't mind going backward then and then having the Township have the authority to prohibit that business because it's illegal, but we shouldn't be the ones making the legal determination. She also believes that the language should not only include medical marijuana, but to be broader to include anything that is expressly prohibited by law.

 

Moved by Commissioner Dyl, supported by Vice-Chairwoman Thurber regarding case PC-2010-02, Text Amendment to Zoning Ordinance No. 78, Article III, Medical Marijuana, to postpone further consideration on this matter until the Township Attorney has had the opportunity to review based on comments tonight and to request that the Chairman goes through Supervisor Gibb's office to obtain a legal opinion. Roll call vote was as follows: Thurber, yes; Dyl, yes; Zilka, yes; Dunaskiss, yes; Zande, yes. Motion carried 5-0 (Steimel and Christie were absent).

 

[welj31]

MM IS A MATTER OF PERSONAL AND PRIVATE HEALTH CARE. TELL THEM TO KEEP THEIR NOSE OUT OF IT OR THEY WILL GET HIT WITHA LAW SUIT. nuff said?

[solabeirtan]

Livonia is home to a lot of DPOA members, current and retired.

 

The fact is MedMJ is Legal in Michigan. It is not the cops or township officials right to overrule State Law.

 

Especially since the current Federal Policy is to let States exercise their own Marijuana Policies.

 

It's a deceptive COP-out typical of their trickx to gain access to your possessions and deny your Legal Rights.

[bobandtorey]

Livonia is home to a lot of DPOA members, current and retired.

 

The fact is MedMJ is Legal in Michigan. It is not the cops or township officials right to overrule State Law.

 

Especially since the current Federal Policy is to let States exercise their own Marijuana Policies.

 

It's a deceptive COP-out typical of their trickx to gain access to your possessions and deny your Legal Rights.

i think that some's that up real good

[welj31]

Ok I have posted this many times but

 

 

Townships have NO POWER. They were set up for selling land NO OTHER REASON. When the land was sold to settlers their job was done.

The power they think they have is what people let them get by with.

Remind them of the "acting under the color of law" thing. It works I have used it in the past. John

[+Silverblue]

Sad world.

 

Silverblue

[+OC Jay]

Meeting notice

The Charter Township of Orion Board of Trustees, Planning Commission and the Zoning Board of Appeals will hold a special joint meeting on Wednesday, March 17, 2010, at the Orion Township Hall, 2525 Joslyn Rd., Lake Orion, 48360, at 7:00 p.m., for the purpose of a discussion of future needs and issues...

 

[privateaero]

since you posted this may 11 I'm assuming that you meant to write the meeting is going to be held may 17 ?

[Kingdiamond]

Townships have zero authority to do anything but cite you for a zoning ordinance violation they cannot by law enter your home without permission and theres no way in hell I'm alerting anybody by filing for a township permit when the state already has all they need from me to keep me legal.

 

Its going to take a patient or caregiver with deep pockets to take these state paid flunkies to civil court and win a million dollar disability discrimination suit to stop this backdoor attempt to circumvent the michigan medical marijuana law by michigan townships .

[mikem7]

This is on the next township board meeting agenda....under pending business

we need all the support we can get Please come and fight these people with us!!

 

Township Board Agenda

Regular Meeting, Monday, June 7, 2010 - 7:00 p.m.

Orion Township Hall, 2525 Joslyn Rd., Lake Orion, 48360

 

9.

Pending Business

A.2009 Audit

B.Authorization for Temporary By-Pass Road

C.Village Tax Collection Agreement

D.PC-10-2, Text Amendment to Zoning Ord. 78, Art. III, Compliance with Federal, State & Local Laws: First Reading

 

http://www.orion.lib.mi.us/township/2010/OTB/a060710otb.html

[mikem7]

Lake Orion township meeting minutes

A. PC-2010-02, Text Amendment to Zoning Ordinance No. 78, Article III, Medical Marijuana (Compliance with Federal, State, and Local Laws): Mr. R. Donald Wortman, of Carlisle/Wortman Associates, Inc., overviewed their correspondence, dated March 22, 2010*; attached proposed text amendment*; and, attached correspondence from Sheriff Michael Bouchard, dated March 8, 2010*. He commented that in 2008, the State of Michigan approved Michigan's marijuana program and with that, it does allow medicinal marijuana to approved applicants and at that time they receive a certificate from the State. This has opened up the issues of how that would apply to local land use and local zoning. Michigan Building Departments have been getting questions regarding just how it will relate to the local government, particularly regarding paraphernalia, for growing marijuana, for distributing it, and compassion care clubs, etc. There is a bit of a retail trade and also a use trade. We need to determine where to site these types of facilities. Some communities have been coming up with zoning amendments addressing this issue. Auburn Hills recently came up with amendments pertaining to dispensaries, refining the language, regulating them, restricting them, etc. The City of Livonia recently amended their existing city ordinance, which included a few sentences that just said that any local zoning or land use has to comply with Federal, State, and local laws. The key word there is Federal and what happens then that if the Township's Building Department were to get a request asking where they could site a medical marijuana-related facility, the answer would be that Orion Township does not allow it, because it conflicts with Federal law. It might be legal with State law, but it conflicts with Federal law, so therefore, they're not allowed in our zoning districts. Regarding the above-mentioned Sheriff's letter, Sheriff Bouchard cites the City of Livonia ordinance as a possible alternative we may want to consider for Orion Township. After discussions with the Township officials, Mr. Wortman's office was directed to use this as a model to create a section in the ordinance that would in fact say that you have to comply with Federal, State, and local laws. He then overviewed the proposed text for members' review.

 

Commissioner Dyl noted the importance of the proposed language being reviewed by the Township Attorney to ensure that the proper procedures will be included, especially not putting the Ordinance Enforcement Officer in the position of having to enforce what is a police power law. She would like to see this head toward putting it in the zoning ordinance, but with the understanding that if the police determine or if there is somebody in the Township that is arrested for illegal activity, then this would give the Township the authority to shut that business down based on the fact that the activity is illegal. Our Building Department cannot interpret laws. As long as the police and the legal system are the ones that are determining that this is illegal activity and not our Building Department, I don't mind going backward then and then having the Township have the authority to prohibit that business because it's illegal, but we shouldn't be the ones making the legal determination. She also believes that the language should not only include medical marijuana, but to be broader to include anything that is expressly prohibited by law.

 

Moved by Commissioner Dyl, supported by Vice-Chairwoman Thurber regarding case PC-2010-02, Text Amendment to Zoning Ordinance No. 78, Article III, Medical Marijuana, to postpone further consideration on this matter until the Township Attorney has had the opportunity to review based on comments tonight and to request that the Chairman goes through Supervisor Gibb's office to obtain a legal opinion. Roll call vote was as follows: Thurber, yes; Dyl, yes; Zilka, yes; Dunaskiss, yes; Zande, yes. Motion carried 5-0 (Steimel and Christie were absent).

 

This is on the next township board meeting agenda....under pending business

we need all the support we can get Please come and fight these people with us!!

 

Township Board Agenda

Regular Meeting, Monday, June 7, 2010 - 7:00 p.m.

Orion Township Hall, 2525 Joslyn Rd., Lake Orion, 48360

 

9.

Pending Business

A.2009 Audit

B.Authorization for Temporary By-Pass Road

C.Village Tax Collection Agreement

D.PC-10-2, Text Amendment to Zoning Ord. 78, Art. III, Compliance with Federal, State & Local Laws: First Reading

 

http://www.orion.lib...a060710otb.html

[mikem7]

bump

[old-hobo]

5 posts on the same thing, WAT UP WIT DAT????????????

[mikem7]

its a serious issue for all of us!!!!

[Rashore]

This is an interesting issue...

I'm no lawyer, but as far as I am aware of... towns do have the rights on zoning and businesses. Reading the OP, this could apply to mj related businesses, but probably can't be applied to personal residences. I would be sad if they decide to whack businesses. If they do try to apply it to personal residences, I hope they get nailed for it

Some places also have ordinances about banning planting stuff outside, if the plant is considered invasive, destructive, non-indiginous, or potentially harmful to indigenous species. This could apply to outdoor grows at businesses or personal residences. LMAO, like any grower would allow mj escapees

[mikem7]

Well...I really hope that the MMMA has got our back and will stand and fight this with us!!

they are talking about growers also.. this could affect everybody if we let this keep happening

I have also called channel 2 and 4 news and they just might be there too!!

 

PLEASE COME TO THE MEETING MONDAY JUNE 7TH 7:00 PM TO HELP US FIGHT

Orion Township Hall, 2525 Joslyn Rd., Lake Orion, 48360

 

Mike

[mikem7]

the board turn down the first reading of the amendment they are sending it back to the planning commission

the next meeting is july 6th....I know i will be there!!.... hope to see some other people too