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Amended Huntington Woods Code Covers Medical Marijuana Providers


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http://berkley.patch.com/articles/amended-huntington-woods-code-covers-medical-marijuana-providers

 

 

The Huntington Woods City Commission addressed the issue of medical marijuana Tuesday night by, well, not addressing it all.

 

After many months, nine meetings and lots of head scratching, the Planning Commission decided that rather than enact an ordinance in response to the Michigan Medical Marihuana Act of 2008, it would be more sensible to treat primary caregivers as any other business. As such, primary caregivers will be covered under a portion of the city code that the commissioners amended during their meeting Tuesday at City Hall.

 

"By not licensing and enforcing zoning regulations that pertain only to medical marihuana, the Planning Commission believes the city will not be drawn into the federal and state conflict over whether medical marihuana is legal or illegal," City Planner Bonnie Cook wrote in a letter to the commission.

 

Instead, the amendments clarify the home occupation, site plan review and special land use requirements for all businesses.

 

The amended code does not address individual qualifying patients, who are permitted to grow up to 12 plants in a residence for their own use, out of respect for the overwhelming support Huntington Woods voters threw behind the medical marijuana law. "79% of Huntington Woods voters approved the ballot initiative vs. 63% state-wide," Cook noted in her letter.

 

However, primary caregivers, who are allowed to treat five patients, grow 60 plants and can profit from the enterprise, are covered under the amended city code, Cook said. The code already prohibited "primary caregiver" as a home-based occupation in the Huntington Woods.

 

"We took the posture it is a business because they can grow it for profit," Cook said.

 

Accordingly, primary caregivers will be allowed to operate in the Zone 3 – Business District, which includes select sites along 11 Mile Road and Coolidge Highway. Because they are in a category of businesses that require a special use permit, each primary caregiver will have to undergo a site plan review and go before the Planning Commission to secure a special land use permit. State law allows for conditions to be placed on special land uses.

 

Special land use permits require a public hearing and notification of property owners within 300 feet of a proposed business. Under the amended code, applicants would have to pay for the costs associated with the hearing and notifications.

 

"The taxpayer at large should not have to subsidize this particular user," City Manager Alex Allie said.

 

Larger-scale operations known as dispensaries are not addressed in the amended city code. "It's our opinion, as we read the state law, that it doesn't provide for dispensaries," Cook said.

 

Commissioner Jules Olsman, who noted that other municipalities have wound up entangled in costly litigation over the medical marijuana law, was pleased with the amended city code.

 

"This will serve as a model for other cities to just incorporate it and moderate it as you would any other business," he said. "Talk about saving the taxpayers money. This is the way to do it."

 

What do you think of Huntington Woods' decision to treat primary caregivers like any other business instead of enacting a special ordinance? Tell us in the comments.

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"Special land use permits require a public hearing and notification of property owners within 300 feet of a proposed business. Under the amended code, applicants would have to pay for the costs associated with the hearing and notifications"

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So much for discretion and it sounds like one or two anti-mmj neighbors could just show up to the public hearing and shoot your chances down. The verbage is great for the city, it makes it appear as if they've taken a big step all the while it seems they've just handed all the power over to any neighbors near where your primary grow would be to give the yay or nay. Not that after a public hearing everybody and thier brother would know where your grow now is anyway.

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i think this is a step in the correct direction.

 

by doing this, they are upholding the law as written here in Michigan. I concur with their findings that by treating only authorized CGs as a normal business, which i presume would include pretty much any business type, including but not limited to, store fronts, production facilities, manufacturing facilities ect, but also include those doing business under DBA (Doing Business As) registrants of the county in which they operate.

 

My big question, would be, ok, for those Opperations that are dealing with individuals who are running a for profit business, their implamentation is NOP, ie Normal Operating Procedure. But what about those non profit MMJ related businesses? How will these business types be opperated/regulated under the current code?

 

its my opinion, if you are a CG of more than just your own person, and you infact, run your business as a profitable business, then you should be treated as any other business in the county/state. that also implies if your opperation is a non-profit entity, then they too should have to adhere to the local/state ordenances for any other NPO, regardless of type.

 

 

So while i think their approach is fair, and acceptable, i can see where there may be a few other hurdles/issues to resolve. One, Hippa Rules and medical confidentiality MUST be adhered to, by all interested parties involved.

 

also, their should be some clarity involved where DBA business fall into this situation. If, for instance, you have a DBA, and you run out of your home, their is no reason this should not be allowed, as long as state laws are followed. as they noted, they are going to treat any PROFITABLE Business as any other business. SO to me, that partakes any business where any one, including but not limited to, the general public, can enter to do business at. as a DBA, you can run a business out of your home (think avon/mary kay/amway) and not deal with the general public at large. SO it my opinion, these business types would not fall under the citys/countys verbage of, For Profit Business- as most DBA registrants, do not actually have a Public storefront.

 

so in my opinion, for the CG that strictly deals with only thier up to 5 assigned Pts, this situation dosnt not pertain to you. but if you open say a medible store, or farmers market ect..., then, as any other business opperation, you will need to follow any local and state regulations/ordenances just like any other storefront, manufacturing facility ect.. as a farmers market goes, this would also fall under the farming/cultivation regulations, so in effect, should be treated as any other produce farmers market where food, flowers, and other Herbs are sold.

 

i say they made the SMART, and GOOD decisions. may need a bit of refinement, but i say Kudos to them for being Intelligent about the countys approach to our state laws.

Edited by Timmahh
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Well, this is the same thing that my township is trying to do. Problem is, I have a family member that is a PT, and I provide free meds. He doesn't live at my house. According to this, I would have to register, license, and pay for a business, for a client base of 1 that pays me nothing, and have to rent out a commercial building to do all of my business in. It will also alert ALL rippers as to exactly where the grow is.

 

So, just because I am growing for someone else, I end up, according to this, having to spend thousands of dollars just to be legal.

 

This is not what was intended in the CG/PT system that was created for Michigan. Sure, some people do this for profit, some of us are just doing it for compassion.

 

Last note, by saying it is a commercial endeavour, you have to realize that it now falls under the right to farm act, which specifically states that you can not stop anyone from growing in any location, if it is for profit. So, the right to farm act makes this ordinance invalid. The right to farm act also states that nothing can override it.

 

Long story short, they will probably still be sued. Good thing they are protecting the tax payer at large...

 

Cedar

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Well, this is the same thing that my township is trying to do. Problem is, I have a family member that is a PT, and I provide free meds. He doesn't live at my house. According to this, I would have to register, license, and pay for a business, for a client base of 1 that pays me nothing, and have to rent out a commercial building to do all of my business in. It will also alert ALL rippers as to exactly where the grow is.

 

So, just because I am growing for someone else, I end up, according to this, having to spend thousands of dollars just to be legal.

 

This is not what was intended in the CG/PT system that was created for Michigan. Sure, some people do this for profit, some of us are just doing it for compassion.

 

Last note, by saying it is a commercial endeavour, you have to realize that it now falls under the right to farm act, which specifically states that you can not stop anyone from growing in any location, if it is for profit. So, the right to farm act makes this ordinance invalid. The right to farm act also states that nothing can override it.

 

Long story short, they will probably still be sued. Good thing they are protecting the tax payer at large...

 

Cedar

 

I say sue them....we need to make all municipalities who violate the MMJA act to feel the sting !!!!

 

Dr. Jinx

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i think this is a step in the correct direction.

 

by doing this, they are upholding the law as written here in Michigan. I concur with their findings that by treating only authorized CGs as a normal business, which i presume would include pretty much any business type, including but not limited to, store fronts, production facilities, manufacturing facilities ect, but also include those doing business under DBA (Doing Business As) registrants of the county in which they operate.

 

My big question, would be, ok, for those Opperations that are dealing with individuals who are running a for profit business, their implamentation is NOP, ie Normal Operating Procedure. But what about those non profit MMJ related businesses? How will these business types be opperated/regulated under the current code?

 

its my opinion, if you are a CG of more than just your own person, and you infact, run your business as a profitable business, then you should be treated as any other business in the county/state. that also implies if your opperation is a non-profit entity, then they too should have to adhere to the local/state ordenances for any other NPO, regardless of type.

 

 

So while i think their approach is fair, and acceptable, i can see where there may be a few other hurdles/issues to resolve. One, Hippa Rules and medical confidentiality MUST be adhered to, by all interested parties involved.

 

also, their should be some clarity involved where DBA business fall into this situation. If, for instance, you have a DBA, and you run out of your home, their is no reason this should not be allowed, as long as state laws are followed. as they noted, they are going to treat any PROFITABLE Business as any other business. SO to me, that partakes any business where any one, including but not limited to, the general public, can enter to do business at. as a DBA, you can run a business out of your home (think avon/mary kay/amway) and not deal with the general public at large. SO it my opinion, these business types would not fall under the citys/countys verbage of, For Profit Business- as most DBA registrants, do not actually have a Public storefront.

 

so in my opinion, for the CG that strictly deals with only thier up to 5 assigned Pts, this situation dosnt not pertain to you. but if you open say a medible store, or farmers market ect..., then, as any other business opperation, you will need to follow any local and state regulations/ordenances just like any other storefront, manufacturing facility ect.. as a farmers market goes, this would also fall under the farming/cultivation regulations, so in effect, should be treated as any other produce farmers market where food, flowers, and other Herbs are sold.

 

i say they made the SMART, and GOOD decisions. may need a bit of refinement, but i say Kudos to them for being Intelligent about the countys approach to our state laws.

 

 

I strongly disagree. Allowing this sensitive information into the hands of another government entity is extremely dangerous. Already our attorney general has capitulated to the feds. How many more politicians will do the same in the name of law and order?

You are also incorrect in your statement that it doesn't effect a caregiver with 5 patients. "However, primary caregivers, who are allowed to treat five patients, grow 60 plants and can profit from the enterprise, are covered under the amended city code, Cook said. The code already prohibited "primary caregiver" as a home-based occupation in the Huntington Woods."

I say grow at home and keep quiet.

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in the case of Cedar, imo, their law doesnt effect him, hes not making any money, or any profit.

 

as far as i can tell, they are consentrating on those grower that not only supply any Assigned caregiver, but any grower that sets up business fronts, ie stores ect..

 

yes they may WANT to be able to regulate the small time grower, but under HIPPA they cant, and that only leaves them able to regulate anyone that opens a storefront, hires employees, has a buidling for customers and business only ect...

 

dont read more into what i said. I think it is good they want to treat a MMJ BUSINESS as any other BUSINESS that is out there. it shows acceptance to mmj BUSINESS imo, which is a good thing. but nowhere did i say, or even imply, regulation of anyone that is on the MI MMJ registration is subject to their rules, as they simply dont apply to us.

So unless i was to open a store, say a hydroponics store, that also had a dispensory outlet in the basement of my hydro store, where only Pts and CGs were allowed to enter, as per the MMJ Law, then i should pay taxes, and follow the business laws any other like business has to follow. but just because i may grow at home, and donate meds to my Assigned Pts, or even off overages to a dispensory, or another CG/PT thru the legal Pt to Pt, Pt to CG, CG to CG, or CG to Pt transfer, it doesnt mean im a business, even if i have a DBA in my name, as these transfers are protected donations between me and the next MMJ Registrant i am dealing with.

 

I am saying this is good, as it makes a distinction between Profitable Business, and typical Pt/CG transfers between themselfs.

 

by not making a distinction between a MMJ related Brick and Morter business, and any other type of brick and morter business, like Mc Donalds, or our local Nursery, or even the walgreens on the corner, it shows they are trying to take it from a SOP position. treat it like any other business and make no big whoop about it.

 

To me that is good. that does not mean nor imply i as a CG of Pts have to submit to their regualtions, 1, because i dont have a B&M open (brick and moter), nor would i have to let anyone know, per the HIPPA laws. I am on the ONLY list i need to be on as a Pt and/or CG and that is the states MMP registration list.

 

But if i open a store, then i fully expect to have to comply with their regulations just like micky ds would have to.

Edited by Timmahh
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