Man Wins Race For Ypsilanti Medical Marijuana Dispensary License Before Ordinance Prohibiting It Goes Into Effect

[bobandtorey]

September 28, 2013 at 5:21 AM,

 

On Aug. 6, the Ypsilanti City Council approved an ordinance capping the number of medical marijuana dispensary licenses issued in the city at six and number of grow facilities at three.

 

With six dispensary license already issued in the city, the new ordinance appeared to prevent any new shops from opening.

 

But Michigan law requires the posting of the proposed ordinance in a newspaper of record and 30 additional days from the posting date before it can go into effect, meaning the new legislation wouldn’t be in the books until Sept. 13.

 

And that’s the day Jim Nemeth marked on his calendar.

Nemeth had already begun work on anew dispensary on South Huron Street near Interstate 94, and he previously told City Council and The Ann Arbor News he believed the law was put in place to keep him from opening.

 

He said he saw the deadline as a challenge and was determined to open.

On Sept. 12, one day before the ordinance went into effect,

Nemeth was issued his license.

“I was really happy to get a license and glad to get a fair shake,” Nemeth said. “I was really impressed. I didn’t things were going to work out the way they did.”

 

Nemeth now has 60 days to complete the final work required per his site plan, or his license will be revoked. He said he expects to be open at 539 S. Huron St. in about a month.

 

City Planner Teresa Gillotti said the application for the license had already been submitted before the ordinance went into effect or city council approved it, so the city legally had to treat it like they would any other application.

 

“At that time there was no moratorium in place and (Nemeth) was still eligible to apply for a license and proceed, so we had to treat him as we would any other owner for applying for a license,” she said.

 

Gillotti said Nemeth was asked to revise his site plans several times but provided final hard copies that were approved early around Sept. 9, which was the last piece needed for his application. Nemeth still needs to add landscaping and put in a sidewalk.

 

Nemeth’s effort to open caused some controversy with city council members. The dispensary will be in Ward 1, and, at the July 16 council meeting at which the ordinance's first reading was approved,

Ward 1 Council Member Ricky Jeffersonquestioned why Nemeth hadn’t discussed opening on the southside with the community.

 

Jefferson said the residents there don’t want another dispensary, and the lack of communication from Nemeth showed disrespect to them and their wishes.

 

Nemeth said he didn't feel he had to discuss opening a business with a council member or the community. He said he would still gladly talk with Jefferson though he doesn't plan "to hold a barbecue."

 

"There's not even a neighborhood around the building," he said.

Soon after Nemeth submitted paperwork in the spring, an emergency ordinance

 to place an immediate moratorium on the issuing of medical marijuana licenses was proposed at a council meeting.

 

 

The emergency moratorium failed, but city council subsequently passed first and second readings of an ordinance limiting to nine the number of grow operations and dispensaries in the city.

 

 

Jefferson did not respond to calls from The Ann Arbor News.

Nemeth said his business model differs slightly from other dispensaries in town in that he plans to offer medical marijuana for little cost to low-income residents who otherwise can’t afford it. He said he would require patients to show medical records and proof of income, and he would also keep limited hours between noon and 4 p.m.

 

http://www.mlive.com/news/ann-arbor/index.ssf/2013/09/by_one_day_man_wins_race_for_d.html

[phaquetoo]

Ok that is a realy good read!  I know most prob think im against despenses, but far from the truth, Im glad we are finaly getting citys to accept them, Im not sure how they are allowed to get their meds, other than the 3 places that have liscenses to grow?  but as long as it doesnt effect home grows for pt's and c.g's im all for it!

 

Peace

 

 

edit= man the place looks like an old clark gas station, ie before it was an ice cream truck depo?  what did the depot do?  did they have gas their for the trucks? were the old tanks taken out? if not, that is where they will screw this guy!  as soon as he spends all of his cash to open they are gonna tell him he has to take the tanks out and do all kinds of things to break the guy down financialy!  I truly hope im wrong!

Edited September 29, 2013 by phaquetoo

[bobandtorey]

i am not against dispensary  ether and the people that our it's because they fear they may loos there grow rights IMHO i think we will not be able to grow our own but thats not going to happen for one to two years down the road  

 

And we won't be able to stop it anyways because we don't have $$$$