PLANNERS APPROVE MARIJUANA CHANGES

The Clare City Planning Commission accepted the changes made to the
new Medical Marijuana Ordinance at their meeting Wednesday evening.

The matter has been ongoing since it was first considered last July.

In November, the City Commission held a Public Hearing on the
ordinance developed by Hoerauf and the Planning Commission.

Several members of the "Clare Compassion Group" spoke at that hearing
objecting to some of the restrictions in the proposed zoning
amendments including limiting the number of plants per dwelling to
12; the requirement that transfers could not be compensated and not
allowing transfers from patient to patient at residences in the
residential district (R-1).

At the November meeting, the City Commission voted to have Hoerauf
take proposed zoning amendments back to the Planning Commission with
changes recommended in the number of plants per dwelling and
compensation issues.

City Attorney Jaynie Hoerauf outlined possibilities at the December
Planning Commission meeting. She told commissioners, "The City
Commission is concerned over language we drafted about no exchange
(of marijuana) for value." She went on, "That was put in to prevent
dispensaries. The City questioned it because under the State Medical
Marijuana Act, caregivers are allowed 'reasonable reimbursement' for
their costs."

She suggested adding wording that would allow reimbursement but not
at the residence.

Hoerauf also suggested an alternative to limiting the number of
plants, saying one possibility would be a limit on the growing space
allowed in a residential district, either by square feet or a
percentage of the size of the dwelling. "I think that would be good
for both the growers and the City," she said, "a solution that would
satisfy both caregivers and the City."

Provisions of the Ordinance for the residential districts in the city include:

*That medical marijuana use possession and cultivation shall comply
at all times with the Michigan Medical Marijuana Act and the General
Rules of the Michigan Department of Community Health.

*Cultivation in a fully enclosed locked facility.

*Principal use of the property as a dwelling.

*No transfer to qualifying patients residing elsewhere.

*No transfer for any type of consideration, cash or otherwise.

The changes drafted by the City Attorney, with the input of the City
Commission and Planning Commissioners included:

*Adding that the space allocated to marijuana cultivation is limited
to 120 square feet or ten percent of the total available living
space. If grown in an unattached building, space for growing medical
marijuana not to exceed ten percent of the unattached building.

*Deleting the stipulation that no more than 12 plants shall be
cultivated in each dwelling unit.

*A definition of living space as livable space, not including
closets, attics, crawl spaces and other storage areas.

The revised Ordinance will now go back to the Clare City Commission
for another Public Hearing on the matter