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News (Media Awareness Project) - US MI: Ypsilanti City Council Agrees to Moratorium on Medical Marijuana Dispensa
Title:US MI: Ypsilanti City Council Agrees to Moratorium on Medical Marijuana Dispensa
Published On:2010-07-21
Source:Ann Arbor News (MI)
Fetched On:2010-07-23 03:00:03
YPSILANTI CITY COUNCIL AGREES TO MORATORIUM ON MEDICAL MARIJUANA DISPENSARIES

Ypsilanti was arguably the first city in Michigan to see a medical
marijuana dispensary open, but the city is saying no more for three
months.

The Ypsilanti City Council voted 4-2 on Tuesday night to approve an
emergency moratorium on business licenses for any new medical
marijuana dispensaries or large-scale nurseries for the next 90 days.

City staff is in the process of figuring out how to zone medical
marijuana-related businesses and what sort of regulations to enact.
City officials say they want to have those guidelines in place before
any new operations open up.

The moratorium will become effective after the council's second
reading on Aug. 17, and it's only applicable to those seeking to open
a business. City Attorney John Barr said it will not affect current
businesses or caregivers and patients who grow marijuana in their
homes while following state law.

A state-certified caregiver can grow up to 60 plants for five
qualified patients, and an additional 12 if he or she is a patient.
The plants must remain in a locked and secured room.

The rule also wouldn't affect retail shops that offer products for
growing or ingesting marijuana.

The Michigan Medical Marijuana Act passed in 2008, and municipalities
statewide have been forced to make their own interpretations of what
some say is a vaguely written law.

Most municipalities are taking one of three approaches to regulating
medical marijuana use and distribution - embracing the law, banning
medical marijuana or seeking a middle ground.

Barr said the staff is looking at the many different ordinances
municipalities have developed, and will likely make recommendations to
the planning commission at its August meeting.

"The staff team is going to make some recommendation within 90 days,"
Barr said. "They're asking there to be a moratorium of permits to give
them a little bit of breathing room until they can make it what we
would like to do is have a unified ordinance and not have a lot of
things change in the meantime."

City Planner Teresa Gillotti said the concerns beyond zoning
ordinances include code enforcement and whether, for example, someone
has adequate electricity to run grow lights in their home and isn't
presenting a public health risk.

She emphasized staff is not looking to ban the use or distribution of
medical marijuana.

Ypsilanti's 3rd Coast Compassion Center is the only large dispensary
operating in the city. Darrell Stavros, a partner at 3rd Coast, said
while a moratorium would benefit his business by keeping competitors
out, he is against it.

He said 3rd Coast sees roughly 70-90 patients per day, and estimated
90 percent of them reside outside Ypsilanti. Stavros pointed out that
creates more traffic through local businesses, and a moratorium would
only serve to slow growth.

"I don't want to see that happen, I want to see more businesses come
to Ypsilanti," he said, later adding he was also concerned the
moratorium could affect patients and caregivers who operate out of
their home.

Council Member Brian Robb has been active in seeking information on
the issue. He voted against the moratorium and questioned whether the
city could place a moratorium on issuing business licenses to pizza
parlors or antique shops, to which Barr replied it could.

"I understand we are going to have to adapt to this, but I don't want
to taint the waters just yet," Robb said before casting a "no" vote.
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