The Clare City Planning Commission

[+mayorherb]

http://www.clarecountyreview.com/?p=5944 Planners approve marijuana changes

 

 

The Clare City Planning Commission accepted the changes made to the new Medical Marijuana Ordinance at their meeting Wednesday evening.

 

The matter has been ongoing since it was first considered last July.

 

In November, the City Commission held a Public Hearing on the ordinance developed by Hoerauf and the Planning Commission.

 

Several members of the “Clare Compassion Group” spoke at that hearing objecting to some of the restrictions in the proposed zoning amendments including limiting the number of plants per dwelling to 12; the requirement that transfers could not be compensated and not allowing transfers from patient to patient at residences in the residential district (R-1).

 

At the November meeting, the City Commission voted to have Hoerauf take proposed zoning amendments back to the Planning Commission with changes recommended in the number of plants per dwelling and compensation issues.

 

City Attorney Jaynie Hoerauf outlined possibilities at the December Planning Commission meeting. She told commissioners, “The City Commission is concerned over language we drafted about no exchange (of marijuana) for value.” She went on, “That was put in to prevent dispensaries. The City questioned it because under the State Medical Marijuana Act, caregivers are allowed ‘reasonable reimbursement’ for their costs.”

 

She suggested adding wording that would allow reimbursement but not at the residence.

 

Hoerauf also suggested an alternative to limiting the number of plants, saying one possibility would be a limit on the growing space allowed in a residential district, either by square feet or a percentage of the size of the dwelling. “I think that would be good for both the growers and the City,” she said, “a solution that would satisfy both caregivers and the City.”

 

Provisions of the Ordinance for the residential districts in the city include:

 

*That medical marijuana use possession and cultivation shall comply at all times with the Michigan Medical Marijuana Act and the General Rules of the Michigan Department of Community Health.

 

*Cultivation in a fully enclosed locked facility.

 

*Principal use of the property as a dwelling.

 

*No transfer to qualifying patients residing elsewhere.

 

*No transfer for any type of consideration, cash or otherwise.

 

The changes drafted by the City Attorney, with the input of the City Commission and Planning Commissioners included:

 

*Adding that the space allocated to marijuana cultivation is limited to 120 square feet or ten percent of the total available living space. If grown in an unattached building, space for growing medical marijuana not to exceed ten percent of the unattached building.

*A definition of living space as livable space, not including closets, attics, crawl spaces and other storage areas.

 

The revised Ordinance will now go back to the Clare City Commission for another Public Hearing on the matter

 

*Deleting the stipulation that no more than 12 plants shall be cultivated in each dwelling unit

[+mayorherb]

Any Attorney,s free on this day? which day? I am not sure what day the meeting is going to be for sure..but we need SOME smart people that can deal with these people...

[Budz-4-U]

"Adding that the space allocated to marijuana cultivation is limited to 120 square feet or ten percent of the total available living space. If grown in an unattached building, space for growing medical marijuana not to exceed ten percent of the unattached building."

 

So, if you don't have an extra pole building/garage, you are limited to 120 sq. ft., or 10% of living.

 

Say your house is 1200 sq ft, so you get to use a 10' by 12' room to grow in.

 

Nice. You can grow for one Patient for sure. Two probably. But that's about it.

 

State law says you can grow for yourself, and up to 5 Patients. That's 72 plants.....in a 10' by 12' room.

 

Their silly little ordinance is going against the State allowing you 72 plants, total. Add in a spouse, with Patients, and you can go up to nearly 99 plants, and still be under the Federal limits.

 

This ordinance prevents you from doing what the State law allows you to do. Get a lawyer. This must end. Next week they might say only 3 plants per patient, not 5. They cannot be allowed to limit State law.

[+mayorherb]

"Adding that the space allocated to marijuana cultivation is limited to 120 square feet or ten percent of the total available living space. If grown in an unattached building, space for growing medical marijuana not to exceed ten percent of the unattached building."

 

So, if you don't have an extra pole building/garage, you are limited to 120 sq. ft., or 10% of living.

 

Say your house is 1200 sq ft, so you get to use a 10' by 12' room to grow in.

 

Nice. You can grow for one Patient for sure. Two probably. But that's about it.

 

State law says you can grow for yourself, and up to 5 Patients. That's 72 plants.....in a 10' by 12' room.

 

Their silly little ordinance is going against the State allowing you 72 plants, total. Add in a spouse, with Patients, and you can go up to nearly 99 plants, and still be under the Federal limits.

 

This ordinance prevents you from doing what the State law allows you to do. Get a lawyer. This must end. Next week they might say only 3 plants per patient, not 5. They cannot be allowed to limit State law.

I agree with all of you..We do need a good attorney to help us.. They also keep sneaking in meetings and us not hearing bout themm..We realy need a attorney or two for mm at this meeting...any VOLENTEERS? PLEASE say yes..

[bobandtorey]

Tyranny at its finest again , looking like another bunch of bullies in the sand box . This is working its way elsewhere as well people, so look out and get ready . This will become a standard in most counties if we don't revolt ! We have been silent to long and this is a sign of our cleverness as well as intelligence but now its time to stand and untite and shine , Lets get a formal team in each County with Legal backing to represent and challenge this be for it happens and is said and done . I am all for standing up at the Emmet County next meeting for our legal rights as well as for Compassion as it seems to be not something these people have any understanding of in there brainwashed minds and hearts , perhaps Ill show up with a terminal patients in wheelchair with oxygen all dosed on morphine and other Narcotics and show them how sad there so called Medicine really is verses using natural medicines ......

 

 

i like the way you think

the MMMA has many members but it just cant get them on the battle field people are on the front lines and a need for reinforcements i see people all the time it's just always the same people IMO people are scared

[+mayorherb]

i like the way you think

the MMMA has many members but it just cant get them on the battle field people are on the front lines and a need for reinforcements i see people all the time it's just always the same people IMO people are scared

I am trying hard to get people out there..I been working with some from Petoskey,and around the area..and U.P man cant for get them guys...they are in such dier need of Genatics, education,ect...they want to get involved but they do not know where or how...or our scared...Keep Educateing is all i can say.

[Budz-4-U]

Ask the judge in Mt. Pleasant. He approved the dispensary in Mt. Pleasant.

 

Ask Brandon.

 

Kormon

 

Abel

[+mayorherb]

Tyranny at its finest again , looking like another bunch of bullies in the sand box . This is working its way elsewhere as well people, so look out and get ready . This will become a standard in most counties if we dont revolt ! We have been silent to long and this is a sighn of our cleverness as well as intelligence but now its time to stand and untite and shine , Lets get a formal team in each County with Legal backing to represent and challenge this befor it happens and is said and done . I am all for standing up at the Emmet County next meeting for our legal rights as well as for Compassion as it seems to be not something these people have any understanding of in there brainwashed minds and hearts , perhaps Ill show up with a terminal patients in wheelchair with oxygen all dosed on morphine and other Narcotics and show them how sad there so called Medicine really is verses using natural medicines ......

bump

[ozzrokk]

I do not know what makes these people think what authority they have to

Regulate and Control anything that a PATIENT or a CAREGIVER does

WITHIN the Michigan medical marijuana Act. Which is already regulated

and REGISTERED with the State.

Someone needs to tell these councilmen/councilwomen to read that first

provision of their own ordinance which states that patients and caregivers

must remain within the MMMA. And the ACT does not say only 12 plants per

dwelling or 10 percent of living space or whatever hogwash they put in there.

We are not talking about businesses we are talking about PATIENTS AND CAREGIVERS

in their OWN HOMES.

I am sure they have plenty of other work they need to do as fine servants of the

PEOPLE. Reality is they have and still keep popping up and saying OHHHH we need

a 6 month moratorium to figure this out or we need 6 MORE months to figure this

out. First it is nothing for them to figure out. Second THIS LAW has been around

for a very long time why NOW all the sudden you need to figure it out?

[+Annnie]

Well the citys attorney Janie told me directly that the Michigan Municipal League has advised them that they can regulate MM in their city.

[+mayorherb]

"Adding that the space allocated to marijuana cultivation is limited to 120 square feet or ten percent of the total available living space. If grown in an unattached building, space for growing medical marijuana not to exceed ten percent of the unattached building."

 

So, if you don't have an extra pole building/garage, you are limited to 120 sq. ft., or 10% of living.

 

Say your house is 1200 sq ft, so you get to use a 10' by 12' room to grow in.

 

Nice. You can grow for one Patient for sure. Two probably. But that's about it.

 

State law says you can grow for yourself, and up to 5 Patients. That's 72 plants.....in a 10' by 12' room.

 

Their silly little ordinance is going against the State allowing you 72 plants, total. Add in a spouse, with Patients, and you can go up to nearly 99 plants, and still be under the Federal limits.

 

This ordinance prevents you from doing what the State law allows you to do. Get a lawyer. This must end. Next week they might say only 3 plants per patient, not 5. They cannot be allowed to limit State law.

ok here is one, say you live in a 750 square feet house, to patients, one a caregiver with 5 patients,,so you are growing 12 plants time 7..now how are you going to grow all that in 75 square feet? cant, So how can they do this? They cant..So if any Attorney out there can show up and explain this..

We will be gratefull.