OWOSSO APPROVES MARIJUANA ORDINANCE

OWOSSO - The City Council unanimously approved a zoning ordinance
Monday that limits locations where medical marijuana dispensaries and
grow facilities may be located within the city.

The ordinance, presented by the planning commission, was approved
with a few amendments to address public concerns.

The ordinance limits the location of medical marijuana dispensaries
and grow facilities outside a 1,000-foot radius from any school
property or public park. The distance also must measure more than 500
feet from any corner of the building and along the public
right-of-way from any place of worship, parcels used as a residence,
licensed daycares and libraries.

Libraries were added to the original proposal because of concerns
raised by library officials. Grow facilities must be in an industrial
district. Each medical marijuana facility must also be 1,000 feet
from any other medical marijuana facility.

A majority of those who spoke during Monday's council meeting
encouraged the council to approve the ordinance, which came to the
forefront when 21 Herbal - a medical marijuana dispensary - set up
shop across from St. Paul Catholic Church and school.

However, some audience members were opposed to the ordinance, or
portions of it - especially the section limiting where patients and
caregivers can live.

"It appears to me that you're limiting our rights as individuals
under the constitution in that stating that caregivers can and cannot
live in certain areas in the city," resident Matt Miller said.

He also pointed out the typically confidential nature of the patient
to caregiver relationship.

"That is confidential information. We do not have to let any of you
know where we are or what we are doing, because it's confidential and
it's sanctioned by the state of Michigan," he said.

City staff addressed the issue in a revised recommendation to the
council, which was the one adopted. Previously, in order to be a
caregiver, a person would have to live within the R-1 single family
residential district.

Issues with that were previously raised by Steve Rosencrans, who is a
caregiver for his wife, but does not live within the R-1 district. An
amendment to the original ordinance was made and approved to allow
one caregiver per residence in any residential district. Two
caregivers may be allowed in an R-1 district residence.

According to Adam Zettel, assistant city manager, the rationale for
restricting caregivers from multi-family dwellings is because there
are common areas and hallways. Also, he said, it could have a
"negative impact" on neighbors if multiple caregivers live within an
apartment complex.

Councilman Gary Martenis asked legal council how limiting caregivers'
locations would hold up in a court.

Attorney William Brown said he had "a slight concern about that, but
not a great concern" because the law has so many gray areas. As far
as holding up legally, he said, "You're asking me for my best guess
and my best guess is we can."

The approved ordinance will take effect May 9.