Waterford Township To Place A Moratorium On New Medical Marijuana Businesses And Clubs For Six Months

[MaryJ]

By CAROL HOPKINS

Of The Oakland Press

 

 

Supporters of Michigan’s medical marijuana law packed Monday’s Waterford Township meeting when they heard the township board planned to discuss placing a 6-month moratorium on new medical marijuana businesses and clubs. (The Oakland Press/CAROL HOPKINS)

 

A proposal by Waterford Township to place a moratorium on new medical marijuana businesses and clubs for six months brought strong, often vocal reaction Monday from people who don’t want regulation.

 

Some — such as medical marijuana patient Julieanne Horsfield of Bay City — urged the board to reconsider any restrictions.

 

“You are required to follow Michigan law,” she said. A ballot proposal legalizing medical marijuana was approved by voters in 2008.

 

“We are (here tonight) still fighting for the rights we voted for.”

 

Waterford Township Community Planning and Development Director Robert Vallina explained that the matter came up when the planning department learned a “compassionate club” — a place where medical marijuana patients and caregivers meet — approached the township to set up a business.

 

Waterford has at least three compassionate clubs, officials said.

 

Vallina said officials realized the zoning ordinance did not address land-use decisions related to medical marijuana so he brought the matter to the township board for guidance.

 

“A section of the ordinance appears to prohibit medical marijuana land uses as being in violation of federal law, although such land uses are not specifically mentioned in the ordinance. A clearly defined and limited moratorium established while such zoning matters are reviewed is a common and legally defensible process,” Vallina said. “Only the township board can establish such a moratorium, not the planning commission.”

 

Bryan Pelkey, a man who wanted to start a new “compassionate club,” spoke out from the crowd, asking why he had not heard back about his request from the township planning commission.

 

“It’s been three and a half months,” he said, adding he had been waiting that long for an answer. He disliked the idea of waiting another six months for an answer from the township.

 

Township board members repeatedly told the crowd of about 50 medical marijuana supporters that they were not attempting to overturn the state law.

 

“We’re trying to implement safeguards for caregivers and patients,” said David Kramer, board member. “It’s not about prohibition.”

 

Heather Coats added, “Our planning commission needs six month to investigate. This is a new issue.”

 

Regulating medical marijuana businesses is cropping up in other communities. White Lake has a temporary moratorium on medical marijuana businesses and clubs. At 7 p.m. Thursday, the White Lake Township’s planning commission is meeting to discuss creating an ordinance.

 

“We have a temporary moratorium,” said Mike Kowall, White Lake supervisor. “We don’t have any type of ordinance in place on where or how these compassionate clubs can be set up. Just like with adult bookstores, there are certain criteria — such as they can’t be close to schools or churches. With the clubs, there need to be some kind of regulations. We’re taking a good common-sense look at it”

 

Last month, Orion Township directed its planning commission to draft language to regulate locations for marijuana dispensaries. Bloomfield Hills has voted to ban marijuana dispensaries.

 

The meeting often included audience members shouting back at board members’ responses. Waterford Township Supervisor Carl Solden was forced to use the gavel to allow individuals to speak. After two hours on the topic, one attendee called out, “Can we order a pizza?”

 

Medical marijuana supporter Dan Reyes of Pontiac said growers operate under the law.

 

“We would like municipalities to get educated and work with us,” he said. “(Communities) should leave patients and caregivers alone as long as they are following the guidelines of the law. It frightens everyone when a new thing (such as Waterford’s moratorium) comes out.”

 

On Monday, the township board passed the “first introduction” of resolution to adopt the moratorium. On July 26, the township board will discuss the matter again. Should it pass, the matter will be turned over to the planning commission where, over six months, members will have public hearings to discuss changes to the zoning ordinance.

 

Whatever is decided would be presented to the township board for final adoption.

 

“It’s uncharted waters for communities,” said Solden, referring to medical marijuana issues.

 

“We’re into an area where we have to be diligent on how we set things up. Now it’s up to the local communities to figure out how to control it with a listening ear to the rest of the tax-paying community.”

 

 

 

Contact staff writer Carol Hopkins at 248-745-4645 or carol.hopkins@oakpress.com. Follow her on Twitter @waterfordreport.

[MaryJ]