FARMINGTON HILLS COUNCIL SAYS MEDICAL MARIJUANA ORDINANCE HITS THE MARK

When it comes to regulating the use of medical marijuana in
Farmington Hills, officials do not want to say who can and cannot use
it, but rather when and where it can be grown and distributed.

City attorney Steve Joppich, on Monday, presented a revised draft
ordinance to the city council that defines where marijuana can be
grown and distributed by licensed caregivers for licensed patients
while complying with the state law that most agree is vague.

After months of discussion and monitoring various legal opinions and
lawsuits on the subject, the city council and Joppich decided to
address the issue from a land use perspective. Council members said
they do not intend to endorse or prohibit people from using medical
marijuana, but they want to be able to control where the activities
associated with the practice take place.

The ordinance being considered would regulate a caregiver - who can
grow and sell marijuana to up to five patients at one time, per state
law - as a home occupation. It follows state law in saying that a
licensed caregiver is not subject to prosecution for growing and
distributing marijuana.

The city's ordinances already put the following restrictions on home
occupations in single family residential zones:

. All home occupations must be conducted so as not to be noticeable
from the exterior of the dwelling.

. No signs accessory to the home occupation are permitted.

. Traffic and delivery of goods created by the home occupation may
not exceed that normally created by residential uses.

. The home occupation may not service more than one client or
customer at a time on the premises.

. No employees, other than residents of the dwelling unit, may be
employed at or be otherwise located on the premises, and no vehicles
owned or operated by employees other than said residents shall be
parked on or near the premises.

. The total area of all buildings used for the home occupation,
including storage of materials, supplies, etc., shall not exceed an
amount that is equal to 15 percent of the floor area of the
individual dwelling unit.

. Nuisance factors are prohibited.

More Provisions

In addition, the proposed ordinance would put the following
restrictions pertaining to caregivers who are growing and
distributing marijuana from their homes:

. The amount of plants and the medical use of the marijuana must
comply with the Michigan Marihuana Act and the general rules of the
Michigan Department of Community Health.

. A caregiver must be outside of a 1,000-foot radius from any school,
including a child care or day care facility.

. Not more than one caregiver per zoning lot or parcel.

. Not more than five patients may be assisted within any given calendar week.

. All medical marijuana must be kept inside the main building in an
enclosed, locked facility.

. Permits must be obtained for electrical wiring or other devices for
growing and harvesting the marijuana.

. Lighting sources used for growing marijuana must be shielded from
adjacent properties between the hours of 11 p.m. and 7 a.m.

. Growing areas that have heat sources that exceed normal residential
use - and the storage of chemicals such as herbicides, fertilizers
and pesticides - are subject to inspection by the fire department.

On the Mark

Council members said Joppich covered everything they wanted to
include in the ordinance. They said it's been a frustrating
experience, because attempting to place local regulations on a state
law that technically violates federal law is nearly an impossible task.

But, they viewed the draft ordinance as the best they could do under
the circumstances.

It protects citizens' rights to access medical marijuana, per the
state law that was passed overwhelmingly by voters in November 2008,
while adding local protections for residential areas in the city
where caregivers could be growing and distributing it.

"I'm glad we took the time to get it right," said Mayor Pro Tem
Michael Bridges.

The draft ordinance now heads to the Farmington Hills Planning
Commission and will then come back for final approval by the city
council. The local moratorium on all requests pertaining to medical
marijuana operations in Farmington Hills remains in place while the
ordinance goes through the process.