FENTON PUTS FREEZE ON USE OF LAND, BUILDINGS FOR MEDICAL MARIJUANA

Present zoning and land use ordinance doesn't address issue

Fenton - City Council has placed a temporary halt on the use of land
and buildings, for certain medical marijuana uses. It will not deny a
properly licensed person from using medical marijuana in the privacy
of his or her home, city attorney Stephen Schultz said.

The emergency ordinance freezes the status quo in Fenton but doesn't
prohibit the use of medical marijuana in the city, said Schultz. "We
are denying the use of land and buildings for certain, specified
activities."

State law authorizes the use and growing of medical marijuana, but it
doesn't contain provisions for local governments on how to deal with
it, Schultz said. The law potentially allows commercial marijuana
growing operations of as many as 60 plants. One person would grow
these and provide medical marijuana for other patients, he said.

It would be a fairly significant operation, in terms of the number of
plants, electricity needed, ventilation and water needs. This would
have to be inside a locked and secure building. Where the building
would be, and its nature and construction, are issues with building
code requirements, Schultz said. Fenton's ordinance never addressed
this type of land use, since it wasn't legal at the time.

In addition, people in other communities have opened clubs and
dispensaries for medical marijuana.

The ordinance took effect Monday, after council approved
it.

It's not unusual to enact a zoning moratorium on an emergency basis,
so people don't establish preexisting, lawful, nonconforming uses
before city officials can determine what zoning districts these uses
should be in, Schultz said.

Fenton's present zoning and land use ordinance doesn't address
marijuana for medical use. City Manager Lynn Markland discussed it
with Chief of Police Rick Aro, Building and Zoning Administrator Brad
Hissong and Schultz. "We all believe a moratorium should be in place
to let our zoning specialists look at the matter and report back to
council," Markland said.

Schultz proposed an ordinance, which council approved 6-1.
Councilwoman Cheryl King voted against it, saying she did not have
enough information to feel comfortable approving it.

Communities are using moratoriums to freeze growing operations and
address land use and zoning issues, he said. Fenton's planning
commission will work on land use and zoning concerns and bring a
recommendation to city council.

Councilman Benjamin Smith asked whether the attorney and police chief
found something in the city to prompt the ordinance. Aro said police
have found two marijuana growing operations. One was legal, and the
individual had proper documentation. The other was not.

One of the difficulties with the medical marijuana law is, it
prohibits the Department of Community Health from disclosing who is a
card carrier and who is not, Aro said. This presents practical
challenges for police and the city, in trying to determine who is a
medical marijuana card carrier and who is not.

Schultz said he and city administrators have looked at what some other
local governments are doing in regards to medical marijuana. The city
of Grand Rapids has been very helpful to other communities, in sharing
its ordinance.