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it sounds like we will have just as manys as last time if not many more!!!!!!!!

get there early to get your seat...

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Have we got a copy of the moratorium? I'll be taking a peek at the newspaper article tomorrow.

Ask and you shall receive. After snooping around over at their websites, came across the memo that includes the ordinance No. 747 and the text of it. Agenda with link to the memo and ordinance



To: Jeff Budd, City Manager

From: Piers Kirby, City Planner

CC: Ruth Ann Volkmer, City Clerk

Date: August 4, 2010

Re: Ordinance Number 747 - Medical Marihuana Ordinance

Please find attached the proposed Ordinance No. 747. The Coldwater Planning Commission, at

its meeting on Monday August 2, 2010 approved a recommendation to the City Council to

amend Chapter 1295.05 (Special Land Uses/Specific Requirements) of the Zoning Ordinance,

adding a new subsection pertaining to medical marihuana facilities.

Since the Michigan Medical Marihuana Act was passed in November, 2008 municipalities have

been working to develop zoning ordinances that will appropriately regulate the location and scale

of medical marihuana grow operations. During the last several Planning Commission meetings,

there has been much discussion regarding the approach that other communities have taken on

this issue. While there are a wide variety of approaches being used by municipalities across

Michigan, some common elements exist:

Doing Something- There are three basic stances for local governments to take: 1) Do

Nothing, 2) Prohibit Marihuana, 3) Regulate It. The most frequently voiced opinion is

that doing nothing is the least attractive position to take. This could lead to the

‘grandfathering-in’ of undesirable marihuana-related establishments, due to the fact that

zoning isn’t retroactive.

Comply with the Spirit of the MMMA- The intent of many municipalities seeking to

regulate medical marihuana is to allow the small, personal-service that the Michigan

Medical Marihuana Act contemplates. There is wide recognition that, while 63% of the

people of Michigan voted in favor of the MMMA, they did not vote for the outright

legalization of marihuana, and that the intent of the Act was to allow very small-scale

grow operations, for a select group of people who require the drug as medicine.

Protect the Character of Residential Areas- From a zoning perspective, this includes

preventing issues relating to increased volumes of foot- and vehicle-traffic, and keeping

residential areas true to their intended purpose of providing for the community’s housing

needs. For public safety officials, this means protecting residences from increased

numbers of break-ins, increased public intoxication, and possible electrical and mold

hazards from grow operations.

Protect Drug-Free School Zones- Approaches taken by many municipalities involve

prohibiting medical marihuana facilities within 1,000’ of a school, thus protecting drugfree

school zones.

The proposed ordinance addressing medical marihuana facilities is consistent with the goals of

most other municipalities that have decided to adopt some form of regulation, with regulation of

medical marihuana through zoning being the most common stance for local governments to take.

This ordinance is a middle-of-the-road approach to dealing with the issue: It does not prohibit

medical marihuana facilities, but it does seek to prevent some of the potential negative effects

that could occur as a result of not adopting any regulation whatsoever.

Pursuant to the Planning Commission’s recommendation, I am seeking the inclusion of

Ordinance No. 747 on the Monday August 9, 2010 regular City Council meeting agenda for

introduction and initial discussion.

Please let me know if you have any questions.

Thank you.

Here is the ordinance




The City of Coldwater ordains:

Section 1. Chapter 1295.05 of the Codified Ordinances is hereby amended by adding thereto a

new subsection (g), to read as follows:

(g) Medical Marihuana Facilities.

(1) “Medical Marihuana Facility” means a place where there is located at any

time 25 or more marihuana plants or more than 5 ounces of marihuana, in

the possession of a Qualifying Patient or Primary Caregiver, in an

Enclosed Locked Facility, as those terms are defined in the Michigan

Medical Marihuana Act, MCL 333.26421 ff.

(2) A Medical Marihuana Facility may be allowed as a Special Use in any

zone within the City of Coldwater so long as the following conditions are


A. No Medical Marihuana Facility shall be permitted:

1. within 500 feet of a church;

2. within 1000 feet of a drug-free school zone;

3. within 500 feet of a licensed child care facility

4. within 500 feet of a residence or residential zone.

B. Such distances shall be measured in a straight line, regardless

of the presence of buildings, from the nearest point of the

property line of the proposed Medical Marihuana Facility to

the nearest point of the location from which the separation is

required, and regardless of whether that point is within or

outside the City’s geographic boundary.

C. It is not the intent of this subsection (g) to allow any use that

is contrary to the Michigan Medical Marihuana Act, MCL

333.26421 ff., or any other law of the State of Michigan, no

such use is hereby authorized, and no special use permit shall

be issued for any such use or purpose.

Section 2. This Ordinance shall take effect twenty-one days after its adoption and publication in

the Coldwater Daily Reporter.

The foregoing ordinance was duly adopted at a regular meeting of the Council of the City of

Coldwater at which a quorum was present on _________________, 2010.


Ruth Ann Volkmer, Clerk


More violations of our civil rights.

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Anyone who attends this meeting really needs to address #2." within 1000 feet of a drug-free school zone;" . Drug free school zones extend 1000 feet from schools, so this would make it a no grow area for 2000 feet from schools.

Hehe, yeah that one is pretty bad, but the one that is just down right impossible is the "4. within 500 feet of a residence or residential zone." with the way they define a facility (“Medical Marihuana Facility” means a place where there is located at any time 25 or more marihuana plants or more than 5 ounces of marihuana, in

the possession of a Qualifying Patient or Primary Caregiver).


I wonder if these prohibitionists will attempt the stamp tax approach next. Something along the lines of:


Purpose: To raise revenues from the use, cultivation, and possession of marihuana.


We resolve that in order to raise revenues from this rising industry and to foster the use of legal medical marijuana, that we shall impose a $25 per year tax. Proof of payment of such tax will be a stamp stating such to be provided by the city/county clerk. Failure to pay said tax will carry the maximum penalties allowed by law (federal, state, and municipal). Further anyone found violating this law will have their information passed on to law enforcement at the federal, state, and local levels.


(Pardon my lack of legalese)


Then they bring about the next resolution which covers the cost of manufacture and quantity of stamps. It is here by resolved that the treasure shall provide $2 per year for stamp manufacture.


Don't laugh that is how they started this whole mess of prohibition of marijuana in the first place. Just something to think about.

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