CHELSEA PLANNING COMMISSION APPROVES ZONING CHANGE TO PROHIBIT
MEDICAL MARIJUANA DISPENSARIES

The Chelsea Planning Commission has approved a change in its zoning
ordinance that would prohibit medical marijuana dispensaries in the city.

The change, unanimously approved Tuesday night, will now go to the
Chelsea City Council and is expected to be on the agenda for first
reading Nov. 23, said Jim Drolett, planning and zoning administrator.

The amendment states that "uses for enterprises or purposes that are
contrary to federal, state or local laws or ordinances are prohibited."

There are six commercial and one office district in the city where
current zoning regulations would permit dispensaries.

Planning Commission Chairman George Kinzer said there is a conflict
between state and federal laws.

"Some form of medical marijuana dispensaries are legal in Michigan;
federal law says they are not legal - how it works out is yet to be
determined," he said.

When Planning Commissioner Casey Blair expressed concern that the
city was setting itself up for a lawsuit, City Council member Cheri
Albertson, who is the liaison to the Planning Commission, cited an
Oct. 5 report from the Michigan Municipal League that said there were
two ways municipalities could deal with this issue and one was through zoning.

Planning Commissioner Peter Feeney said he had had reservations about
the zoning change at one point, "I was not comfortable with this at
the beginning but I'm more comfortable with it now, and I think it's
the right thing to do."

Although Drollett said he'd had a few inquiries, there are no pending
applications or established medical marijuana dispensaries in the city.

Like many communities throughout the state, Chelsea is grappling with
how to regulate medical marijuana following Michigan voters' approval
of its use in 2008.

Dexter is considering an ordinance that would allow dispensaries but
would regulate their location and operation. A regulating ordinance
is making its way through the approval process in Ann Arbor.
Ypsilanti also passed a moratorium on new dispensaries while it
figure out how to regulate them, and Saline passed an outright ban
based on federal law.

On Sept. 28, the Chelsea City Council placed a 60-day moratorium on
the establishment of medical marijuana dispensaries while the
Planning Commission deliberated on the issue.