EAST LANSING CLOSER TO MEDICAL MARIJUANA ORDINANCE

EAST LANSING -- The city's medical marijuana moratorium may expire
Feb. 16 -- then again, it may not.

At their Jan. 25 work session, council members set a public hearing
for their meeting of Tuesday, Feb. 15.

The hearing will consider Ordinance 1245C, which establishes
regulations governing commercial medical marijuana operations.

The ordinance could be approved at that meeting, or the council could
vote to extend the moratorium.

Under the terms of the revised ordinance, such operations would be
allowed as a special land use in B-4 zoning, which zoning and
planning administrator Darcy Schmitt said is in existing professional
office areas.

No Limit to Number

There would be no limit to the number of registered caregivers who
could open a business, but such a dispensary would have to abide by
all relevant rules and regulations.

Those include being 1,000 feet from any schools or registered day
care facilities and a separation of 500 feet from any other
dispensary. Individual caregivers would be permitted to grow
marihuana in their homes, but cannot have patients come to them.

Having dispensaries in B-4 zoning would allow patients to visit an
office without the visibility of a storefront location, an idea which
has found favor with some. "It's more private for the patient and the
caregiver," Schmitt said.

Hours of operations may be imposed as part of the special use permit,
and a surveillance camera could be a security measure when no one is
in the building.

The owner of the property would have to request the special use
permit, but the caregiver would not have to identify themselves to
council. There would be no limit placed on the number of caregivers
in a dispensary.

"All we can regulate is the commercial aspects," council member Kevin
Beard said.

The language in the Michigan Medical Marihuana Act has created
uncertainty in many communities statewide, and East Lansing is no exception.

Assistant city attorney Tom Yeadon said legal action is always a
possibility. Could it be challenged? Yes, because the act is so vague
as to what it will allow and won't allow," Yeadon said, adding he was
confident in the city's ability to meet any legal challenges.