SEED PLANTED FOR MEDICAL MARIJUANA ZONING

Public Can Pipe Up About Ordinance at May 12 Hearing.

ROYAL OAK -- Some city officials want to weed out the possibility of
medical marijuana suppliers growing 60 plants in their houses by
requiring them to set up shop in a general business district.

Registered primary caregivers can grow 12 plants each for up to five
qualified patients under a Michigan law passed last November.

The Plan Commission is looking at regulating where some growing
operations can locate. Royal Oak could be one of the first -- if not
the first -- community in the state to set up zoning rules for people
supplying patients.

"I haven't heard of anything like this. It will be interesting to see
what comes of it," said James McCurtis, spokesman for the Michigan
Department of Community Health, which registers primary caregivers
and qualified patients.

The Plan Commission set a public hearing on proposed changes to the
zoning ordinance for 7:30 p.m. May 12 at City Hall. The amendments
would define primary caregivers as medical marijuana dispensaries and
allow them in general business zones only as a special land use,
which adds a level of scrutiny.

In Royal Oak, Woodward Avenue, Main Street north of the downtown, and
some parts of Coolidge Highway and 14 Mile Road are general business districts.

The zoning amendments wouldn't affect residents with written
certification of debilitating medical conditions, such as cancer,
AIDS, epilepsy and multiple sclerosis, who are growing marijuana for
personal use.

If the ordinance is adopted, a qualified patient could still grow up
to 12 plants at home indoors and possess up to 2.5 ounces of
marijuana, according to Doug Hedges, city planner. If more than one
qualified patient lives in a house, each can grow up to 12 plants.

The zoning amendments would affect people growing marijuana for one
or more qualified patients.

"Primary caregivers can be compensated so that has the potential to
be a business," Hedges said. "We don't think that's suitable for a
house. We want to treat it similar to other medical services."

However, one primary caregiver probably won't be able to afford rent
in a general business district as well as growing supplies and
utility bills for lights and water, Plan Commission member Stacie Vorves said.

"If we're going to require this in a business district, we won't have
medical marijuana grown here," Vorves said.

To make it economically feasible, Hedges said several primary
caregivers could form a consortium to lower costs and serve more
patients. This idea comes from Berkeley, Calif., he added.

"We see a potential for four or five primary caregivers to act
together as a business," Hedges said.

But Vorves doubts they will.

"It's a good excuse but that doesn't happen too much in business," he said.

Vorves isn't sure he will support the zoning changes. He said as long
the state law limits primary caregivers to grow up to 60 marijuana
plants, he thinks it should be allowed as a home business.

"I don't care if people are growing pot or tomatoes. If both are
legal, what's the difference?" Vorves asked.

McCurtis said the state has no opinion on whether cities limit
primary caregivers to business zones, but the courts might.

"I hate to say it, but as we get more creative subsets of the law
there will be legal challenges," McCurtis said.

The state law also doesn't address growing or possessing medical
marijuana within 1,000 feet of a school, which is a drug-free zone,
or employer drug testing of qualified patients.