City Of Kalamazoo Ordinance

[chi_guy]

The City of Kalamazoo is looking to pass a similar ordinance following the Grand Rapids model. We need to fight this tooth and nail. They are looking to subject caregivers to inspections and everything else. This needs to be stomped out at once. The residents of Kalamazoo are very pro marijuana but certain officials don't care about the will of the people. We currently are petitioning to make marijuana the Lowest Law Enforcement Priority in the city but we are running out of time and need help gathering signatures. if you live in or around kalamazoo and are associated with MMJ I encourage you to do everything in your power to make sure this ordinance doesn't pass. NO INSPECTIONS!

[rambozo420]

can you post a link to the info? thanks for sharing I will get people to sign against just let me know whats what. Smarmy mothers Kalamazoo is the Epicenter of Medical Marijuana.We aint going out like that LOL

[chi_guy]

I will post the info soon, so look out for it.

[Ryoki]

Looks like our brothers and sisters in Kazoo are under attack. The state can make laws but they can't make the frightened, the bigoted and the narrow minded accept them. Remember you have the truth and the people on your side.

FIGHT ON!

 

"If people let government decide which foods they eat and medicines they take, their bodies will soon be in as sorry a state as are the souls of those who live under tyranny."

~Thomas Jefferson

[rambozo420]

I googled it and did not see anything but I am as my Jackass Brothers would say muffed up so operater error is in effect please post info on this thread. This concerns me deeply I have directed attention to me on purpose just to keep thier plate full.I show love in the strangest ways.I'm legal and rub their face in it like a young puppy. All is well F.T.W. Free The Weed

[+Scottybud]

The City of Kalamazoo is looking to pass a similar ordinance following the Grand Rapids model. We need to fight this tooth and nail. They are looking to subject caregivers to inspections and everything else. This needs to be stomped out at once. The residents of Kalamazoo are very pro marijuana but certain officials don't care about the will of the people. We currently are petitioning to make marijuana the Lowest Law Enforcement Priority in the city but we are running out of time and need help gathering signatures. if you live in or around kalamazoo and are associated with MMJ I encourage you to do everything in your power to make sure this ordinance doesn't pass. NO INSPECTIONS!

 

 

I myself would like to read the ordinance...please post a copy or the web site,Thanks

[Ryoki]

I googled it and did not see anything but I am as my Jackass Brothers would say muffed up so operater error is in effect please post info on this thread. This concerns me deeply I have directed attention to me on purpose just to keep thier plate full.I show love in the strangest ways.I'm legal and rub their face in it like a young puppy. All is well F.T.W. Free The Weed

 

Can't find a word of this anywhere either. Even in the city council minutes.

[bobandtorey]

i hope it does not happen But their will and are city's trying to stop us from getting are Meds one city passes some thing other city will follow as we can see it's coming to a Town near you lets stand up together

[chi_guy]

I don't have a copy of it. I will try to locate it and post it. I can say that I read it and seems like they pretty much cut and pasted from the Grand Rapids Ordinance. It is being proposed by the City planning department and it is real.

[MmmSquirrel4Dinner]

I have lots of friends, family and acquaintances in Kzoo who will sign this petition (if there is one) in a heartbeat.

 

Cops, musicians city Govt workers, college students, attorneys, disabled vets and a whole slew of others that will sign.

 

This is like the Walmart issue... just lemme at em, I'll tear them up.

 

I give you my WORD, I will have many sign that petition.

 

All legal voting citizens for the dismantling of the failed war on Cannabis.

[chi_guy]

Zoning Facts.doc

 

medical marihuana-Chap 4.3 of App A.DOC

 

 

 

Here they are, caregivers will have to register with Kalamazoo Public Safety and be subject to inspections at their will.

[Ryoki]

Kalamazoo must have lots of spare cash because as these are written they are going to be spending millions fighting lawsuits. Here's an opportunity to make money and they're going to throw it away for the sake of fear and cheap political showmanship.

[bobandtorey]

Kalamazoo must have lots of spare cash because as these are written they are going to be spending millions fighting lawsuits. Here's an opportunity to make money and they're going to throw it away for the sake of fear and cheap political showmanship.

 

 

pos rep for you

[rambozo420]

CITY OF KALAMAZOO, MICHIGAN

 

ORDINANCE NO. ________

 

AN ORDINANCE AMENDING SECTION 4.3(G) “HOME OCCUPATIONS”

OF THE CITY OF KALAMAZOO ZONING ORDINANCE

 

THE CITY OF KALAMAZOO ORDAINS:

 

Section 1. Paragraph 2 (Allowed Uses) and Paragraph 13 (Customers) of Section 4.3G “Home Occupations” of Appendix A of the City of Kalamazoo’s Zoning Ordinance shall be amended to read as follows:

 

“Sec. 4.3.G.

 

2. Allowed Uses. The home occupation regulations of this subsection establish performance standards rather than detailed lists of allowed home occupations. Except as otherwise provided in this subsection, businesses located in a residential dwelling that comply with all of the standards of this subsection will be allowed as home occupations unless they are specifically prohibited. The home occupation must be clearly subordinate and incidental to the use of the dwelling as a residence.

 

13. Customers. Customers or clients may visit the site only during the hours of 8:00 a.m. to 8:00 p.m. No more than eight customers or clients may visit the site in any single day, and no more than two customers or clients shall be on the premises at any one time.

 

Section 2. Paragraphs #15 and #16 shall be added to Section 4.3G “Home Occupations” to read as follows:

 

15. Other Codes. All Building, Housing, Fire, and other local or state codes and ordinances shall be adhered to for home occupations.

 

Medical Marihuana. A registered primary caregiver, in compliance with the

General Rules of the Michigan Department of Community Health, the Michigan Medical Marihuana Act, P.A.2008, Initiated Law, MCL 333.26423(d) and the requirements of this Chapter, shall be allowed as a home occupation. The following requirements for a registered primary caregiver as a home occupation shall apply:

 

a. The medical use of marihuana shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act (“Act”) and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time;

 

b. A registered primary caregiver must be located outside of a one-thousand (1,000) foot radius from any school to insure community compliance with Federal “Drug-Free School Zone” requirements;

 

 

c. Not more than one (1) registered primary caregiver shall be permitted to service qualifying patients within a single dwelling unit;

 

d. Not more than five (5) qualifying patients shall be assisted with the medical use of marihuana within any given calendar week;

 

e. If the registered primary caregiver is not the owner of the premises, then written consent must be obtained from the property owner to ensure the owner’s knowledge of the use of the premises as permitted by this subsection;

 

f. All medical marihuana shall be contained within the main residential structure in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the registered primary caregiver or qualifying patient, subject to inspection by any City Building Official and officers of the Kalamazoo Department of Public Safety;

 

g. All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting, and/or watering devices are located, installed or modified that support the cultivation, growing or harvesting of marihuana;

 

h. If a room with windows is utilized as a growing location, any lighting methods that exceed usual residential use between the hours of 11 p.m. and 6 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that causes or creates a distraction or nuisance to adjacent residential properties;

 

i. The premises shall be subject to inspection upon request by a Building Official and Public Safety officers for compliance with all applicable laws and rules during any stated hours of operation/use and at such other times as anyone is present on the premises; and

 

j. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with that Act and the General Rules. Also, since federal law is not affected by that Act or the General Rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. The Michigan Medical Marihuana Act does not protect users, caregivers or the owners of properties on which the medical use of marihuana is occurring from federal prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances Act.

 

k. Definitions. As used in this subsection:

 

“MARIHUANA

 

This term shall have the meaning given to it in Section 7601 of the Michigan Public Health Code, 1978 PA 368, MCL 333.7106, as is referred to in Section 3(d) of the Michigan Medical Marihuana Act, PA 2008, Initiated Law, MCL 333.26423(d).”

 

“MEDICAL USE OF MARIHUANA

 

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, as defined under the Michigan Medical Marihuana Act, PA 2008, Initiated Law, MCL 333.26423(d).”

 

“REGISTERED PRIMARY CAREGIVER

 

A person who is at least 21 years old who has agreed to assist with a patient’s medical use of marihuana, who has never been convicted of a felony involving illegal drugs and who registered with the Michigan Department of Community Health and the Kalamazoo Department of Public Safety as a primary caregiver.”

 

“QUALIFYING PATIENT

 

A person who has been diagnosed by a physician as having a debilitating medical condition and who is registered with the Michigan Department of Community Health.”

 

 

Section 3. Repealer.

 

All former ordinances or parts of ordinances conflicting or inconsistent with the provisions of this ordinance are hereby repealed.

 

Section 4. Severability.

 

If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any Court of competent jurisdiction, said portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this ordinance.

 

 

Section 5. Effective Date.

 

Pursuant to Section 13(a) of the City Charter, this ordinance shall take effect from and after 10 days from the date of its passage.

 

CERTIFICATE

 

The foregoing is a true and complete copy of an ordinance adopted by the City Commission of the City of Kalamazoo at a regular meeting held on ______________, 2010. Public notice was given and the meeting was conducted in full compliance with the Open Meetings Act, (PA 267, l976). Minutes of the meeting will be available as required by the Act, and the ordinance was duly recorded, posted and authenticated by the Mayor and City Clerk as required by the Charter of said City.

 

 

_________________________________

Bobby J. Hopewell, Mayor

 

 

_________________________________

Scott A. Borling, City Clerk

 

 

f:\ord\medical marihuana-Chap 4.3 of App A

 

 

 

 

Zoning for Medical Marihuana

 

►Several cities across Michigan have discussed zoning for marihuana “dispensaries”, ranging from allowing them in certain commercial zones to outright prohibition.

 

►Because caregivers can only have 5 patients, and can only recoup their costs (though it has yet to be determined what this means, in terms of profit for a caregiver), it is clear that the intent of the ordinance is not to encourage commercial enterprises related to marihuana dispensing.

 

►The city of Kalamazoo has decided to follow the Grand Rapids model, which allows for licensed caregivers to grow, cultivate, and dispense medical marihuana from their homes, provided that they meet all of the existing Home Based Business requirements.

 

►Those requirements are:

The operator must be a resident of the home.

There can only be a maximum of one employee, other than the resident/operator.

Any sign associated with the use must be no larger than one square foot.

There shall be no visual evidence of the conduct of a home occupation.

No equipment related to the home occupation shall cause odor, vibration, electrical interference, noise, or fluctuation in voltage. No hazardous materials shall be used or stored on site.

Deliveries are only allowed between the hours of 8:00 am and 8:00 pm.

May not occupy more than 25% of the gross floor area of the home.

 

►Additionally, Medical Marihuana must adhere to the following additional rules:

The caregiver must comply with all of the Michigan Medical Marihuana Act, and the rules of the Michigan Department of Community Health.

The caregiver must not live within 1,000 feet of any school.

No more than one registered primary caregiver will be able to service patients within a single dwelling unit.

No more than 5 qualifying patients shall be assisted with the medical use of marihuana within any calendar week.

Written consent must be given by the owner of a property if the caregiver is a renter.

All medical marihuana shall be contained within the structure in accordance with the state law.

The caregiver must obtain all proper permits (building, mechanical, electrical, plumbing) for work related to their work as a caregiver.

Any lighting methods that exceed normal residential use between 11 PM and 6 AM must employ shielding methods.

 

►The home occupations clause is only applicable when the caregiver is not also the registered patient.

 

►The code is not intended to grant immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the Medical Marihuana Act, or under federal law.

[rambozo420]

Thanks chi_guy for sharing. WoW man they really just gutted the law and put in place a whole plethora of new financial burdens.For anyone wanting to be a caregiver.This would fall under a family member growing for a relative would be subject to all kinds of new hoops. So my question is did it already pass? Because the date is not shown.Can someone please direct me to where these meetings take place and when the next one is?

Link to more info My link

It would be nice to know the date instead of having to go through all of these Agendas Link

[rambozo420]

Well after some time on the phone.This is what I found out.It has not passed yet.There is a private group not the city commision trying to get enough signitures to have it on the ballot. Has anyone had contact with this group? If You call the city clerk she can tell You one of the members of this private group and provide You with a number to contact.I did not leave a message cause I just dont know what to say LOL

[rambozo420]

So my conclusion is this. It is a move by people with money to Monopolize the industry and keep prices inflated. No Mom and Pop shops allowed they dont want the competition because a meek compassionate person with friends could cause serious price deductions.Greedy S.O.B.'s

[Freddie FreeHemp]

Thanks for the info, we must all stand together.

 

Need dates and location to sign petition for decriminalization of cannabis in Kalamazoo.

 

I have dozens of registered voters who would love to sign.

 

FF

[Ryoki]

Well after some time on the phone.This is what I found out.It has not passed yet.There is a private group not the city commision trying to get enough signitures to have it on the ballot. Has anyone had contact with this group? If You call the city clerk she can tell You one of the members of this private group and provide You with a number to contact.I did not leave a message cause I just dont know what to say LOL

 

Well put that number up and I'll give them a call. I can think of a great deal to say.

[rambozo420]

Well put that number up and I'll give them a call. I can think of a great deal to say.

Oh I had things to say just nothing nice lol

I wont post this persons # But I will give You the City Clerks # So they can tell YOu just like they told me.(269)337-8792.

I hate to jump to the worst case scenario but I have a propensity to Awfullize. B)

[rambozo420]

Now I want to see this petition for decriminalization of cannabis in Kalamazoo.Wouldnt be funny if these are the same what a way to get it passed.Can someone please post the decriminalization petition in its entirety.If you dig deep enough You can find the answers to the tuff questions I will say no more on this just that I'm Disappointed.

[chi_guy]

The Lowest Law Enforcement Priority ordinance is not related to this. As far as I know this ordinance hasn't passed it is being proposed by the city planning department. They will be at the Kalamazoo Area Compassion Club meeting at 7:00pm tommorrow. I encourage everyone to attend and voice your opinion on the matter. The meeting is at Charlie's Place at 10745 Stadium Drive. 6 miles west of 131

[+ultrafishboy]

Thanks for the info, we must all stand together.

 

Need dates and location to sign petition for decriminalization of cannabis in Kalamazoo.

 

I have dozens of registered voters who would love to sign.

 

FF

 

Kalamazoo Area Compassion Club has petition and is seeking signatures.

http://kalamazooareacompassionclub.org/

[rambozo420]

Well I can chalk it up to a government office mishap that does not surprise me at all really so hey I'm all for the lowest priority ordinance and all against the 1 that calls for inspections.

[rambozo420]

The Lowest Law Enforcement Priority ordinance is not related to this. As far as I know this ordinance hasn't passed it is being proposed by the city planning department. They will be at the Kalamazoo Area Compassion Club meeting at 7:00pm tommorrow. I encourage everyone to attend and voice your opinion on the matter. The meeting is at Charlie's Place at 10745 Stadium Drive. 6 miles west of 131

Yeah I have to hear thier reasoning see Ya there