CHELSEA: MARIJUANA DISPENSARY ISSUE HEADS BACK TO CITY COUNCIL

The fate of medical marijuana dispensaries - and a text change
banning any establishment that does not comply with state, federal or
local laws in Chelsea - now rests with the city council.

On Nov. 2, the Chelsea Planning Commission unanimously approved a
text change in its zoning ordinance that would prohibit medical
marijuana dispensaries in the city.

The change is expected to be on the council's agenda for first
reading at its Nov. 23 meeting, said Jim Drolett, planning and zoning
administrator.

"This text amendment would apply to any use that is contrary to
federal, state of local laws or ordinances," Drolett said.

There are six commercial districts and one office district in the
city in which under current zoning regulations medical marijuana
dispensaries would be allowed, and the amendment states that "uses
for enterprises or purposes that are contrary to federal, state or
local laws or ordinances are prohibited."

Planning Commission Chairman George Kinzer said there is a conflict
between state and federal laws and the issue is something the
commission has discussed during several previous meetings.

"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.

Although the commission has received some phone calls about
dispensaries, there are no pending applications or established
medical marijuana dispensaries in the city, Drolett said.

"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,"
commissioner Peter Feeney said.

When Planning Commissioner Casey Blair expressed concern that the
city was setting itself up for a lawsuit, 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."

One way was to regulate dispensaries through zoning regulations.

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