HEIGHTS COUNCIL DEBATING STATUS OF MEDICAL POT DISPENSARIES, MANUFACTURING

DEARBORN HEIGHTS --Whether medical marijuana dispensaries and
manufacturing facilities should be allowed into the city, or whether
ordinance, should be like Livonia's and not allow them was one
decision City Council discussed Tuesday.

Currently, the city has a moratorium on medical marijuana that has
been extended for four months. It was created to give council time to
adopt ordinance dealing with the changes in state law.

Attorney Mark Roberts said the ordinance presently before council was
created to regulate according to state law.

The ordinance went past its first reading before City Council on Sept. 14.

Roberts said the ordinance would allow manufacturing facilities and
dispensaries, businesses where legally registered primary caregivers
can assist qualifying patients with medical marijuana use.

Dispensaries would be allowed in commercial zoning, he said, while
manufacturing facilities could only be in industrial zoning.

Included in the ordinance are more specific guidelines that would
prevent these facilities from being within 500 feet of any school,
childcare center, public park or place of worship.

Councilman Roy Pilot said among the different approaches communities
are taking with medical marijuana is outright denial to these
facilities, which is what Livonia is doing. Council has been advised
the city would be sued if it took this path, he said.

Corporation Counsel Gary Miotke said his understanding of Livonia's
ordinance, which goes according to federal law, is that nobody can
grow or possess marijuana.

If Dearborn Heights did this it would be a big liability, he said,
because it would be counter to state law. He said the city's
authority is dictated by state law.

Roberts said he disagreed on what Livonia's method allows. He said
residents there can still own and use marijuana if they are licensed
to by the state, because these activities are not land uses.
Livonia's ordinance only deals with land use, he said, which prevents
caregiver and growing facilities.

Miotke said he deferred to Roberts on this because Roberts was more
familiar with Livonia's ordinance.

The city has a great deal of control over local land use, Roberts
said. He said he believes an ordinance that doesn't allow these
facilities would be defensible, although like anything still open to challenge.

Councilwoman Elizabeth Agius said she won't be satisfied to approve
ordinance until state legislature does a better job at crafting the
law's language.

Currently the city will be too vulnerable to criticism and lawsuits
no matter what it does, she said.

"I'm just not comfortable with this," Agius said.

Every Michigan community is taking their own approach, she said. She
said with so many options it's too difficult to research the best solution.

Miotke said he doesn't advise a wait and see approach.

A moratorium can't be extended forever, he said, and then there won't
be an ordinance limiting where these facilities can be.

Councilwoman Janet Badalow said there are already situations
appearing in the city that require the ordinance.

"Waiting is going to create more problems for us in the future," Badalow said.

She said council revisits ordinances all the time, and could make
changes to this one later.

Councilman Tom Berry said he thinks council is in agreement that it's
uncomfortable with the vague law. Until the state rehashes it the
city needs to have something in place for the local level so there
are regulations in place to protect the community, he said.

Roberts said the state law is pretty clear. Marijuana is still
illegal in Michigan, he said, but the law allows specific exceptions
for medicinal purposes.

"All other uses are still illegal," Roberts said.

Heidi Parikh, president of the Downriver Community Compassion Club,
said she was discouraged to hear a lot about what the city should do
to keep itself out of trouble, but not how patients in the city could
be helped by medical marijuana.

One idea she has is for residents who are patients to have a communal
garden where they can grow their marijuana, she said. She said taking
care of the garden would be therapeutic in itself.

Parikh said she encourages council to take its time with the ordinance.

A mental health professional said he recommended that council make
the ordinance a compromise between those for and against medical
marijuana, otherwise the city will be sued for whichever way the
ordinance leans.

He said he wasn't there to discuss the positive or negatives of
medical marijuana, but to provide a neutral perspective.

Richard Coogan, Planning Commission chairman, said if the city does
nothing or goes according to federal law then it will be challenged
in court, and the boundaries of what is allowed will be pushed.

"Let's really study this and work at this," he said.

Council needs to find a solution that works for Dearborn Heights and
only Dearborn Heights, he said.

Mary Klein, a resident of the 5100 block of Westpoint and an
accredited addiction counselor, said everyone she's talked to in her
neighborhood wants the city to do the same as Livonia. She feels she
represents her neighborhood accurately, she said.

"The people who voted for you do not want this," she said.

Her neighborhood in the south end already has enough problems, Klein said.

Some other concerns raised during the study session were the
appropriate number of caregivers per dispensary and the difficulty
for police to monitor these facilities for security purposes.

McKenna Associates were directed to analyze which locations the
dispensaries and manufacturing facilities could be located at.

Councilwoman Janet Badalow requested another study session to discuss
the ordinance and review this map of possible locations.

Baron said the next study session on this could possibly be Oct. 19.
He said there's quite a diversity of opinion between council members
on the ordinance, and he wouldn't be surprised if there are multiple
other sessions to discuss this.

Council has until January before the moratorium ends, Baron said, but
he believes they'll approve something before then.