ORDINANCE PROHIBITING MARIJUANA DISPENSARIES NEAR ADOPTION

City, Planning Commission Disagree

DEARBORN HEIGHTS - A new version of the medical marijuana zoning
ordinance - banning stores providing it - passed its first reading on
Dec. 14, and will be up for the second reading and adoption on Jan. 11.

The version of the zoning ordinance amendment approved by the
Planning Commission had already gone through a first reading, and
would've allowed medical marijuana dispensaries and manufacturing
facilities in commercial and industrial zoning respectively.

City Council then directed the current version be drafted, which
prohibits land use contrary to federal, state and local laws.

While state law now allows marijuana possession and use by authorized
patients and caregivers, federal law still classifies marijuana as a
prohibited drug. If approved, the ordinance would prohibit
marijuana-related businesses since federal law doesn't allow
businesses to manufacture or distribute controlled substances.

Council Chair Ken Baron said council decided to put the ordinance
through another first reading because of this drastic change. He said
he anticipates the adoption of the ordinance at the next regular
council meeting on Jan. 11 because of the direction of council's discussion.

Councilwoman Janet Badalow said council could've proceeded directly
to the second reading, because it has done so before after major changes.

Mark Roberts, Planning Commission attorney, said the consensus of the
commission following the November public hearing on the ordinance
supports the original version to allow the facilities in specific zoning.

Council has until the medical marijuana moratorium expires between
late January and early February to adopt ordinance, he said. He said
the outcome of litigation related to medical marijuana brought
against other communities should provide the city better guidance on
how to proceed, but the moratorium will expire long before a final
decision is reached.

There are pros and cons either way council goes with the ordinance,
Roberts said. He said although the commission made its
recommendation, this is council's decision. Because both versions
have had public hearings, he said both can be considered for adoption.

Lawsuits have been filed against some communities like Livonia with
ordinances also prohibiting land use contrary to federal, state and local laws.

"This is nothing we weren't expecting," Roberts said.

Whichever version of the ordinance is used, he said there's the
possibility of lawsuits. Rick Coogan, Planning Commission chairman,
said he thought council might have changed direction with the
ordinance because of the lawsuits.

Since it seems either option is legally even, Coogan said the city
should focus on helping patients and make it easier for them to get
relief from their conditions.

"Why not go towards the patients' side and try to regulate it a bit?" he asked.

Coogan said he can't believe he's now somewhat an advocate of medical
marijuana, because it's such a change from his previous perspective.
He said what really changed his mind was when he was learning about
it for the ordinance and realized it could really help his wife with
her medical condition.

She won't use it though because of the stigma surrounding marijuana, he said.

"I don't see it as an evil plant," Coogan said. "This is almost a
miracle plant."

Baron said council generally agrees the state has handled medical
marijuana legislation poorly, and has placed communities in a bad position.

"This is a situation thrust on you by the state," Roberts said.