Spring Arbor Limits Medical Marijuana Growers To Agriculture Zones

[maxmax]

SPRING ARBOR TWP, MI. — After several six-month moratoriums on medical marijuana facilities, Spring Arbor Township has approved an ordinance rooting pot-as-medicine squarely in its zoning code.

The changes allow patients to use medical marijuana in nearly any zoning district, however caregivers can only grow marijuana in areas zoned agriculture only.

Under the amendments to its zoning code, Spring Arbor will allow:

• “Home use” of medical marijuana by “qualifying patients” or “primary caregivers”. There is no restriction to these uses in any zoning district in which dwellings are a permitted or conditional use. Qualified “home users” are allowed to grow or use a limited amount of marijuana for personal consumption.

• “Caregiver grow operations,” in which a single primary caregiver may grow and dispense medical marijuana for up to five “qualifying patients.” However, these operations are restricted to the agricultural zoning district.

Whereas no township registration is need for qualified “home use,” the township zoning administrator must issue a “medical marijuana facility certificate of occupancy” for caregiver grow operations.

Spring Arbor’s amended zoning ordinance is similar to those also developed for Napoleon and Summit townships.

http://www.mlive.com/news/jackson/index.ssf/2013/03/spring_arbor_regulates_medical.html

[RandomStoner]

Wonder if this is even legal. .

[cristinew]

again

[+Malamute]

Sigh'

 

The result of dispensaries insisting they were merely CG's and performing legal transactions. The only way they seen to stop dispensaries was to stop CG's and all that good stuff.

 

Sucks.

 

And why wouldnt they attach this to 4271? or something similar?

 

Is allowing local control a good idea even?

 

It isnt working out for us at this point.

[greenbuddha]

I have mixed feelings on this one.

 

If it were the production of whiskey, I'm sure it would be limited to certain 'production' areas because of oders, transportartion issues, fire hazard, etc.

 

But the Twp is still allowing 'small' grows to take place in a patient's or 'small time' caregiver's home.

 

Hmmmm?

[maxmax]

who are you or me going to call ?

[Hydraulic Jack]

What about patient/caregivers like me with one patient (my Mother)? There are no sales involved.....Not that I live there but just asking....HJ

[maxmax]

you are fine for now but if they are allowed to do it here other city will also do it

[Hydraulic Jack]

I live in Detroit, so I'm not real concerned...Just asking for someone else like me who lives in that area....HJ

[knucklehead bob]

Wait just a minute . Isn't there a Mich. Supreme Court ruling about zoning in Wyoming ?

 

 

 

 

Holding: The Court held that “Because we conclude that defendant’s zoning ordinance directly conflicts with the MMMA, and the federal Controlled Substances Act (CSA), 21 USC 801 et seq., does not preempt section MCL 333.26424(a) of the MMMA.”

The Court found, in part, that: "In this declaratory judgment action, plaintiff, John Ter Beek, appeals as of right the trial court’s order granting summary disposition in favor of defendant, City of Wyoming. Plaintiff sought to void defendant’s zoning ordinance on state preemption grounds because the zoning ordinance was enacted to prohibit conduct permitted by the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq.

The Court reasoned that “MCL 333.26424(a) is not preempted by the CSA because the limited grant of immunity from a “penalty in any manner” pertains only to state action and does not purport to interfere with federal enforcement of the CSA.”

Therefore, the Court reversed the trial court’s grant of summary disposition in favor of defendant (City of Wyoming) and remanded for entry of summary disposition in favor of plaintiff (Ter Beek).

 

http://courts.mi.gov/education/mji/Documents/judicial-conference-2012/[5D]%20Medical%20Marijuana.pdf

Edited March 13, 2013 by knucklehead bob

[maxmax]

i think thing may change their in the D after the EFM and the governor come in to takes over the city imo you will see many Leo's with the MSP helping out

Edited March 14, 2013 by maxmax

[maxmax]

Wait just a minute . Isn't there a Mich. Supreme Court ruling about zoning in Wyoming ?

 

 

 

 

Holding: The Court held that “Because we conclude that defendant’s zoning ordinance directly conflicts with the MMMA, and the federal Controlled Substances Act (CSA), 21 USC 801 et seq., does not preempt section MCL 333.26424(a) of the MMMA.”

The Court found, in part, that: "In this declaratory judgment action, plaintiff, John Ter Beek, appeals as of right the trial court’s order granting summary disposition in favor of defendant, City of Wyoming. Plaintiff sought to void defendant’s zoning ordinance on state preemption grounds because the zoning ordinance was enacted to prohibit conduct permitted by the Michigan Medical Marihuana Act (MMMA), MCL 333.26421 et seq.

The Court reasoned that “MCL 333.26424(a) is not preempted by the CSA because the limited grant of immunity from a “penalty in any manner” pertains only to state action and does not purport to interfere with federal enforcement of the CSA.”

Therefore, the Court reversed the trial court’s grant of summary disposition in favor of defendant (City of Wyoming) and remanded for entry of summary disposition in favor of plaintiff (Ter Beek).

 

http://courts.mi.gov...onference-2012/[5D]%20Medical%20Marijuana.pdf

 

am a believer

[ozzrokk]

Will not hold up with against caregivers or patients in my opinion. It does conflict with the MMMA. The cg portion in my opinion has nothing to do with dispensaries it has to do with these people thinkiing they are important and must do something. When it comes to patients and caregivers there is no need or right for them to do anything.

[Kingdiamond]

Just more rules and regulations to nit pick and shut us down more and more people are being pushed back underground because of these suits full of hot air imposing their will against us if i lived here id grow until discovered then move.

[Celliach]

.....and HB 4271 will make it so these local ordinances over-ride state law.....

[Ms Chocolate]

I don't think the Spring Arbor is like the Wyoming act. Spring Arbor is not stopping any one from growing, it is requiring business growers to produce in agricultural zoned districts. Because a CG and not consume, “Home use” is a none issue, but growing as a business is. The problems I see is the forcing the CGs to ID themselves, and the increase in cost to the patients. This would do away with the nuisance smell issues. I wonder how they would/are handling urban-type farming.

 

i think thing may change their in the D after the EFM and the governor come in to take over the city imo you will see many Leo's with the MSP helping out

The EFM can change contracts, but not laws. But yeah, I do expect to see an increase in the # of MSP. I already am seeing more mounted than normally.

[itisi]

.....and HB 4271 will make it so these local ordinances over-ride state law.....

they way I read it, the provisioning center bill only gives them the right to ban dispensaries not care givers

[Ms Chocolate]

i think thing may change their in the D after the EFM and the governor come in to takes over the city imo you will see many Leo's with the MSP helping out

Detroit One is alread here.   http://www.freep.com/article/20130322/NEWS01/303220089/Detroit-One-city-s-new-crime-fighting-initiative

 

Dispensaries (and others) should be aware!

Edited March 22, 2013 by Ms Chocolate