HUNTINGTON WOODS EXTENDS MEDICAL MARIJUANA BAN

HUNTINGTON WOODS - Elected officials extended the medical marijuana
moratorium as they move forward with a special land use law that will
treat primary caregivers like any other business.

A public hearing on the proposed ordinance will begin at 7:30 p.m.
Monday, when the City Planning Commission meets at Huntington Woods
City Hall, 26815 Scotia.

The city already prevents primary caregivers from growing medical
marijuana as a home occupation. The pending ordinance will set up
guidelines for them to be in commercial areas on 11 Mile Road and
Coolidge Road if they are granted a special land use permit from the city.

A primary caregiver can grow up to 12 plants each for five patients
plus 12 patients for their own use if they also are a patient, City
Planner Bonnie Cook said.

"Sixty to 72 plants would run you out of house and home," Cook said.
"If you're a caregiver you have got to be in a district other than
single-family. No one in the medical field -- doctors, nurses, nobody
- -- can operate at home. We're not singling anyone out. We have never
allowed medical care at home at any time and we won't start with marijuana."

The one exception is that qualifying medical marijuana patients can
be their own caregivers and grow up to 12 plants for their own use.

"If you are a patient growing for your use we don't have
restrictions," Cook said. "A primary caregiver can collect money so
that's not permitted in a home. There are home occupations that can
be problematic, like auto body repair or a chocolate business."

The proposed ordinance lists standards for planning commissioners to
consider when special land use permits are requested by anyone. City
officials will determine if applicants have enough parking, proper
lighting and signs, won't create noise, vibrations or pollution,
won't attract criminal activity, and won't cause public safety problems.

"There also can be no adverse effect on residents' use and enjoyment
of their residences, parks and playgrounds," Cook said. "That's in
there because most business property is next to or close to parks."

If the local law passes, a special land use permit only would be
issued for one caregiver wanting to grow in a commercial district; it
wouldn't allow caregivers to form a consortium and operate a
dispensary as Royal Oak had considered. If caregivers think it would
be cost prohibitive to grow for five patients in a commercial space,
Cook said they should take it up with Lansing.

"It's not up to us to consider whether someone can make a profit or
not," Cook said. "If caregivers are disgruntled because they can't
make enough money, they need to go to the state and say the law is
too limiting. I envision this as a cottage industry like the state
law envisions. The state law is written for a primary caregiver to
have a personal relationship with the person he or she is taking care
of. That's what we're trying to promote."

In 2008, 79 percent of Huntington Woods voters approved medical
marijuana compared to 63 percent throughout Michigan.

"We have an indication that our voters are not opposed to medical
marijuana so our goal was to find a way to make it compatible with
life in Huntington Woods," Cook said. "We came up with general
standards that can be applied to other businesses as well."

Special land use permits wouldn't be issued for dispensaries because
they aren't allowed under the state law or for compassion clubs,"
Cook also said.

"This ordinance is not meant for people who use the guise of medical
marijuana to get high. This isn't a social marijuana law," she said.

On Tuesday the City Commission extended the medical marijuana
moratorium on commercial operations another 90 days to cover the
period when the proposed ordinance is up for public debate.

City Commissioner Jules Olsman said he was anxious for Huntington
Woods to get a local law on its books until he realized the
complexity of the issues and the consequences other communities are facing.

"I believe it is our obligation to defer to the will of the people,
but we've got to get this right," Olsman said. "I'd rather be on the
sidelines and watch other cities."

Two medical marijuana users are suing Royal Oak for its ban on all
residential and commercial growing operations by patients and caregivers.

City Manager Alex Allie said Huntington Woods is trying to work with
the state law while protecting neighborhoods.

"This is something we think is realistic, workable and perhaps a
model for other cities," Allie said.