CITY ON TARGET WITH MARIJUANA ORDINANCE

Home Business Rules Appear to Be Clear, Reasonable

Lansing is doing the right thing by bringing medical marijuana
care-givers under its ordinance for home businesses. Doing so will
allow the city to set requirements that protect neighborhoods,
preserve public safety and also provide a clear framework for those
choosing this relatively new type of business.

Since Michigan passed its medical marijuana ballot proposal in 2008,
patients have been able to seek a doctor's approval and then register
with the state. Doing so makes them eligible to either grow plants
for themselves or find a state registered care-giver, who will grow
the plants and prepare the marijuana for use.

But what the ballot proposal didn't do was create a structure for
dealing with a wide array of businesses that support the new medical
marijuana industry, such as medical marijuana dispensaries or
home-based medical marijuana caregivers.

Lansing is working on ordinances that address both the dispensaries,
which would locate on commercially zoned property, and the home-based
care-givers, who would be permitted to operate in residential
neighborhoods, but only if they meet certain criteria.

While there has been concern in some parts that local government or
local law enforcement would make it difficult for medical marijuana
entrepreneurs, Lansing's approach to date has been right on the mark.

As City Attorney Brig Smith recently commented about the home
occupation ordinance:

"The goal is to regulate this occupation just like we would regulate
others, whether the home occupation is growing tomato plants or
medical marijuana."

That's more than reasonable. And a review of the ordinance finds it
fairly straight forward as well.

The ordinance prohibits such businesses from operating within 1,000
feet of public or private schools, colleges, youth centers, arcades
and public swimming pools. That's reasonable, given that marijuana is
still a controlled substance. The ordinance also parallels state
rules in requiring that marijuana be kept in an enclosed, locked space.

The majority of Michiganians voted in favor of medical marijuana,
wanting this treatment option for those who may benefit. Lansing is
on the right path to create a clear set of laws for entrepreneurs
involved in serving these patients while at the same time protecting
its residents.