Traverse City Oks Medical Marijuana Guidelines

[Michael Komorn]

Traverse City OKs medical marijuana guidelines

By ART BUKOWSKI

abukowski@record-eagle.com

TRAVERSE CITY — The city soon will have detailed rules that dictate where, when and in what quantity people can grow and distribute medical marijuana.

 City commissioners on Monday gave the green light to a series of medical marijuana-related regulations. The move capped a months-long effort to iron out land-use issues related to the Michigan Medical Marijuana Act.

 The act, approved in 2008, allows patients to possess up to 2.5 ounces of marijuana and 12 plants. It also allows designated caregivers to grow and distribute plants to up to five patients. 

But because the act doesn’t specify where or when patients and caregivers can grow or exchange marijuana, municipalities across the state were left to decide for themselves.

 Monday’s city commission action doesn’t affect the amount of plants a patient can have under state law, or the number of plants a caregiver can grow or distribute. It instead specifies where legal marijuana-related activity can occur within city limits.



 

The new city regulations allow, among other things:

 Cultivation of up to 72 plants in single-family residential dwellings, a number based on the maximum amount a single caregiver can grow for themselves and five patients. No transfer of marijuana will be permitted at these locations to patients who do not reside within the same dwelling, though a caregiver can deliver the marijuana to his or her patients who live elsewhere.

 Marijuana in the home must be kept in a “fully enclosed, locked facility inaccessible on all sides,” and growth of plants must not be conspicuous in any way.

 Cultivation in excess of 72 plants in industrial districts, provided the cultivation facility owner obtains a license from the city. Transfer of plants — but not marijuana in processed, usable form — will be allowed at these facilities.



 

Medical marijuana “collectives” in most commercial districts of the city. Any medical marijuana that fits within the confines of the Medical Marijuana Act can change hands here, but no growing is allowed in these locations. 

Such operations must be closed from 10 p.m. to 7 a.m., can’t be located within 1,000 feet of a school and can’t be owned or operated by someone convicted of a drug-related felony.

 The city’s planning commission approved the regulations before sending them on to the city commission for approval. The city commission must lend final approval to the new regulations at its Aug. 16 regular meeting.

 Some commissioners were squeamish about allowing any medical marijuana growth in residential districts, though pro-medical marijuana advocates in attendance told them it wouldn’t be wise to step on rights afforded to citizens under state law.

 



Plus, advocates said, the city hasn’t yet experienced significant problems tied to legal residential marijuana growth.

 A few commissioners wanted to see the 72-plant residential limit dropped to 12, but marijuana advocates said that would force caregivers to rent space in which to grow their plants, a cost that likely would get passed down to patients. 

Michael E. Thue, a medical marijuana patient and advocate who got the ball rolling when he approached the city in April with plans for a marijuana collective, was pleased with the city regulations.

 “I’m glad the city has been so open and accepting,” he said. “The city has gone above and beyond what I expected them to do.”

 

 

Michael A. Komorn

Attorney and Counselor

Law Office of Michael A. Komorn

800-656-3557 (Toll Free)

248-351-2200 (Office)

248-357-2550 (Phone)

248-351-2211 (Fax)

Email: michael@komornlaw.com

Website: www.komornlaw.com

Check out our Radio show:http://www.blogtalkradio.com/planetgreentrees

NEW CALL IN NUMBER: (347) 326-9626

Live Every Wednesday 8-9:30 p.m.

PLANET GREENTREES w/ Attorney Michael Komorn

The most relevant radio talk show for the Michigan Medical Marijuana Community. PERIOD.

If you have a medical marihuana question or comment, please email them to me, or leave them on the forum for the MMMA, and I will try to answer them live on the air.

http://www.blogtalkradio.com/planetgreentrees

PLANET GREENTREES Call-in Number: (347) 326-9626

Call-in Number: (347) 326-9626

[urminutegot]

So, from what I understand, if I grow in an industrial zone I need a permit if I am over 72. Correct? If I am under 72 would I still need the license?

[continuobrisa]

Congratulations to all those who put the effort into this! Well done!

[peanutbutter]

It's to bad that it violates civil rights under the Medical Marijuana Act and the Right to farm Act.

 

If you ignore those things, I guess it's not to bad.

[Greg Starks]

http://www.ci.traverse-city.mi.us/marijuana0712.pdf

[Ms Chocolate]

The act DOES NOT allow patients to possess up to 2.5 ounces of marijuana and 12 plants. It allows registered patients and/or their designated caregivers guaranteed protection for those amounts. Amounts beyond those limits, or those people not registered are likely covered under the AD.

 

The act specifies states that grows must be in a locked, enclosed facility, like a closet or cabinet. This is likely indoors. However, is TC saying that the useable material is to be kept in a “fully enclosed, locked facility inaccessible on all sides?

 

I can understand, and agree that those with plans to warehouse grow spaces that will have in excess of 72 plants, must be located in industrial districts, and the facility owner obtains a license from the city. This would not affect the single CG.

 

In addition, I like that Compassion Centers must be located in commercial districts, but no growing is allowed. Such operations must be closed from 10 p.m. to 7 a.m., cannot be located within 1,000 feet of a school and cannot be owned or operated by someone convicted of a drug-related felony.

[peanutbutter]

The Act already forbids growing at a school.

 

To add 1000 feet from the property line of a school forbids medical marijuana activities granted to us under the mmj Act within those areas.

 

That is a violation of civil rights.

 

The Act does not specify where a caregiver is allowed to or is forbidden to grow. The Act doesn't forbid collective growing.

 

To restrict where a caregiver grows is a violation of civil rights.

 

Additional restrictions on the location of the medicine itself is a violation of civil rights.

 

According to them, it is illegal to have it in your pocket.

 

These things are not an expansion of rights. They are restrictions. Restrictions of our civil rights.

[mstone]

Well, I'm going to say the standard has been set, I think if city council passes this we will see other mj friendly city's cut copy and paste there guidelines.

[BDR]

That is some good news.. Thank you Micheal for posting it.. I plan to attend on the 16th and hopefully see this brought to life.. Peace, Love, and Big Buds

[dutch&Dutchess]

what about when a patient is married to a patient and they both want to be caregivers?

Any law that changes the MMMA HAS GOT TO GO

[herb green]

WHat about limiting caregivers that live in a "muti-family dwelling" to 12 plants

 

That includes apartments, townhouses, condos....ect.

 

muti-family homes should be able to grow what they are allowed under the law!

 

...what this means for caregivers that violate this is unclear

 

Most of this part is unenforceable

 

Anyhow...just follow state law I guess...but it gives extra power to LEOs

 

WE know how easy it is for them to overreact...They need policy about dealing with overages and excess plants

 

They should leave people with the difference and leave them alone instead of destroying everything and charging them with a felony and confiscating their property for a few extra plants or herb

 

That's the sort of policy they need

 

And its rediculus to get a permit at the city clerk...because that's public record

 

How easy would it be for the DEA to find your over 72 plant warehouse grow ???

 

Or rippers to find you?

 

I really hope people figure out that just because the city and state says you can do something... it wont stop the DEA from raiding you...stay under 49 plants...its not rocket science

 

And never put the grow location into a public database !!!!!!

 

 

I do like the transfers at public club or whatever that part includes...basically a dispensery which is good

[herb green]

what about when a patient is married to a patient and they both want to be caregivers?

Any law that changes the MMMA HAS GOT TO GO

 

You would be insane to grow 144 plants even with 2 caregivers

 

I think growing over 99 plants is insane...you could be facing 40 years and mandatory 5 years!

http://norml.org/index.cfm?wtm_view=&Group_ID=4575

 

40 years federal time if raided by the dea???...but good thing that never happens LOL!

 

50-99 is up to 20 years

 

Under 49 ...fed is not more than 5 years...very unlikely to prosecuted even if they did raid you

 

Anyhow its crazy... dont ever grow more than 49 no matter what the city tells you and dont ever make it public record by applying for a license!

[MaryJ]

Question to MMMA and Michael Komorn,

 

I know the law say's 1000' from a school. What about a church, is there anything witten about this? Also with the 1000' ft from the school, is that driveway to driveway ,straight as a cow flies, or dwelling to dwelling?

 

Peace,

Mary J

[+RevThad]

Question to MMMA and Michael Komorn,

 

I know the law say's 1000' from a school. What about a church, is there anything witten about this? Also with the 1000' ft from the school, is that driveway to driveway ,straight as a cow flies, or dwelling to dwelling?

 

Peace,

Mary J

The way it is usually looked at is from the property lines. Not sure if churches are included in this ordinance proposal, the only reason I could even phathom something like that being included would be the prohibitionists considering places of worship as gathering places of children for education (aka schools), as many do host some sort of preschool or private elementary schooling.

[+mayorherb]

Sounds like some one we need up here in Clare County... BUt i know that wont happen , heck we can not even get any one to help get our club up and runing right...We have asked mmma, other clubs and it is like if they are not into it for them selfs, they are into it for the money, NO compassion...

Traverse City OKs medical marijuana guidelines

By ART BUKOWSKI

abukowski@record-eagle.com

TRAVERSE CITY — The city soon will have detailed rules that dictate where, when and in what quantity people can grow and distribute medical marijuana.

 City commissioners on Monday gave the green light to a series of medical marijuana-related regulations. The move capped a months-long effort to iron out land-use issues related to the Michigan Medical Marijuana Act.

 The act, approved in 2008, allows patients to possess up to 2.5 ounces of marijuana and 12 plants. It also allows designated caregivers to grow and distribute plants to up to five patients. 

But because the act doesn’t specify where or when patients and caregivers can grow or exchange marijuana, municipalities across the state were left to decide for themselves.

 Monday’s city commission action doesn’t affect the amount of plants a patient can have under state law, or the number of plants a caregiver can grow or distribute. It instead specifies where legal marijuana-related activity can occur within city limits.



 

The new city regulations allow, among other things:

 Cultivation of up to 72 plants in single-family residential dwellings, a number based on the maximum amount a single caregiver can grow for themselves and five patients. No transfer of marijuana will be permitted at these locations to patients who do not reside within the same dwelling, though a caregiver can deliver the marijuana to his or her patients who live elsewhere.

 Marijuana in the home must be kept in a “fully enclosed, locked facility inaccessible on all sides,” and growth of plants must not be conspicuous in any way.

 Cultivation in excess of 72 plants in industrial districts, provided the cultivation facility owner obtains a license from the city. Transfer of plants — but not marijuana in processed, usable form — will be allowed at these facilities.



 

Medical marijuana “collectives” in most commercial districts of the city. Any medical marijuana that fits within the confines of the Medical Marijuana Act can change hands here, but no growing is allowed in these locations. 

Such operations must be closed from 10 p.m. to 7 a.m., can’t be located within 1,000 feet of a school and can’t be owned or operated by someone convicted of a drug-related felony.

 The city’s planning commission approved the regulations before sending them on to the city commission for approval. The city commission must lend final approval to the new regulations at its Aug. 16 regular meeting.

 Some commissioners were squeamish about allowing any medical marijuana growth in residential districts, though pro-medical marijuana advocates in attendance told them it wouldn’t be wise to step on rights afforded to citizens under state law.

 



Plus, advocates said, the city hasn’t yet experienced significant problems tied to legal residential marijuana growth.

 A few commissioners wanted to see the 72-plant residential limit dropped to 12, but marijuana advocates said that would force caregivers to rent space in which to grow their plants, a cost that likely would get passed down to patients. 

Michael E. Thue, a medical marijuana patient and advocate who got the ball rolling when he approached the city in April with plans for a marijuana collective, was pleased with the city regulations.

 “I’m glad the city has been so open and accepting,” he said. “The city has gone above and beyond what I expected them to do.”

 

 

Michael A. Komorn

Attorney and Counselor

Law Office of Michael A. Komorn

800-656-3557 (Toll Free)

248-351-2200 (Office)

248-357-2550 (Phone)

248-351-2211 (Fax)

Email: michael@komornlaw.com

Website: www.komornlaw.com

Check out our Radio show:http://www.blogtalkradio.com/planetgreentrees

NEW CALL IN NUMBER: (347) 326-9626

Live Every Wednesday 8-9:30 p.m.

PLANET GREENTREES w/ Attorney Michael Komorn

The most relevant radio talk show for the Michigan Medical Marijuana Community. PERIOD.

If you have a medical marihuana question or comment, please email them to me, or leave them on the forum for the MMMA, and I will try to answer them live on the air.

http://www.blogtalkradio.com/planetgreentrees

PLANET GREENTREES Call-in Number: (347) 326-9626

Call-in Number: (347) 326-9626

[herb green]

The only reasoning behind restricting 1000 ft from school is that federal penalties double

http://norml.org/index.cfm?wtm_view=&Group_ID=4575

 

Its just another way to intimidate growers

 

So in esscence you ARE better off 1000+ ft from a school if you grow for fed guidline reasons

 

But it really has nothing to do with any saftey issue... what kid is going to even know there is a locked medical marijuana grow near their school??...oh the outrage when parents find out! Give me a break

[Ms Chocolate]

From my reading TC is not forbidding the using or growing, it is saying that a Compassion Center cannot open within 1000 ft of a school. If this ruling is "school zones", not schools, it would include at area where folks under the age of 19 would normally gather. When school zones just meant school, any liquor store was grandfathered. You won't see any new Beer & Wine opening in a "school zone". In most cities, to be outside of a "school zone" you would be in an industrial or commercial area.

 

I also don't think there is anything saying that a CG cannot grow, or that groups of CG cannot grow together. It is saying that those group grows would have to be in an industrial area.

 

I'm hoping the locking of marijuana is meant to apply to grows and harvests, not what one is using. This is way beyond what the state laws requires, and it is extremely inconvenient.

[Phil78]

..................dont ever make it public record by applying for a license!

 

 

amen, brother! every person that knows, is already 2+ too many

[Guest finallyfree09]

Sounds like some one we need up here in Clare County... BUt i know that wont happen , heck we can not even get any one to help get our club up and runing right...We have asked mmma, other clubs and it is like if they are not into it for them selfs, they are into it for the money, NO compassion...

couldnt agree more.

[Guest Wayne]

What right does Traverse City have to restrict the rights of legally sanctioned medical marijuana patients? "Marijuana in the home must be kept in a “fully enclosed, locked facility inaccessible on all sides", and growth of plants must not be conspicuous in any way." Where is this provision in the MMA? What the hell does "conspicuous" mean in this context? Sight? Smell? Isn't it enough to suffer the cost of providing: © "Enclosed, locked facility" means a closet, room, or other enclosed area equipped with locks or other security devices that permit access only by a registered primary caregiver or registered qualifying patient? What of yard enclosures (already awaiting appelate ruling), secured, open air decks, roofs and greenhouses, utilizing solar power rather than costly, less effective, carbon producing energy? Seems an undue burden for cultivating a medical herb.

 

These efforts should be soley designed to address issues NOT in the MMA. Such as dispensaries, cooperatives, multiple family homes, (though private pay AFC homes could be tricky), etc. Allow them or not, then zone as deemed appropriate by elected officials. Fine job there from what is being reported!

 

Don't get me wrong this all has a real nice "feel good", neighborly approach to the concern of others and I applaud people making the effort.

 

In fact some of the unenforceable parts are great, ie "No transfer of marijuana will be permitted at these locations to patients who do not reside within the same dwelling, though a caregiver can deliver the marijuana to his or her patients who live elsewhere." But you can't violate citizen's rights and it seems unreasonable to make any litigation they may face more complicated. We have enough of that already and the courts are going to be the final say if the legislature doesn't step in. Let that process work. Either this law is all I thought it was when I supported it, or somebody has made a fool of me and the law was "poorly written" as stated by many in positions of authority, having stood proudly in opposition to the will of the people.

 

But then I don't live in TC. Best of luck in your efforts!

[dlovas]

WHat about limiting caregivers that live in a "muti-family dwelling" to 12 plants

 

That includes apartments, townhouses, condos....ect.

 

muti-family homes should be able to grow what they are allowed under the law!

 

...what this means for caregivers that violate this is unclear

 

Most of this part is unenforceable

 

Anyhow...just follow state law I guess...but it gives extra power to LEOs

 

WE know how easy it is for them to overreact...They need policy about dealing with overages and excess plants

 

They should leave people with the difference and leave them alone instead of destroying everything and charging them with a felony and confiscating their property for a few extra plants or herb

 

That's the sort of policy they need

 

And its rediculus to get a permit at the city clerk...because that's public record

 

How easy would it be for the DEA to find your over 72 plant warehouse grow ???

 

Or rippers to find you?

 

I really hope people figure out that just because the city and state says you can do something... it wont stop the DEA from raiding you...stay under 49 plants...its not rocket science

 

And never put the grow location into a public database !!!!!!

 

 

I do like the transfers at public club or whatever that part includes...basically a dispensery which is good

Herb i agree with most of what you stated....

[greenbuddha]

T.C. is once again leading the way in the State of Michigan.

 

Fear and the 'police / law enforcement' business will keep the rest of the State in the 'dark ages' for a long time to come, IMHO, unless we the voters make some changes.

 

VOTE THIS NOVEMBER!

[petoskeystoned]

At my pretrial examination last week, the prosecutor decided to add in the charge of possesion within a school-zone. My lawyer suggested that is rediculous, that doesnt exsist in the mmj act, so , they decided possession with intent to deliver would stick. the judge allowed it.