HUNTINGTON WOODS TO REGULATE MEDICAL MARIJUANA UNDER LAND USE ORDINANCE

The city that allows qualifying medical marijuana patients to grow
the state-allotted 12 plants at their home has figured out what to do
about registered caregivers who can assist up to five patients.

Huntington Woods officials didn't want any caregivers growing 60
plants - 72 if they are a patient - in residential areas, but they
will consider issuing special land use permits for medical marijuana
growing operations in their "zone 3" business districts on 11 Mile
and Coolidge roads.

Before a permit is issued, the caregiver must meet standards for
parking, lighting and signs, and show he or she won't create noise,
vibrations, pollution, criminal activity or cause public safety problems.

"We're taking a new approach," City Planner Bonnie Cook said. "We
said let's not pass a medical marijuana ordinance. Let's make sure
all land uses have the proper rules. Our ordinance doesn't single out
medical marijuana. It beefs up the requirements we have for all businesses."

The City Council approved the tighter standards on May 3. They go
into effect May 23. Cook said no applicants are waiting in the wings
to open a growing operation.

A special land use permit would only be issued to one caregiver, who
can grow up to 12 plants for five patients plus 12 plants for himself
if he is a patient. No partnerships or consortiums will be allowed.

"The state law assumes there will be a close, personal relationship
between the caregiver and patient," Cook said. "The state law says
nothing about dispensaries or compassion clubs. It just talks about
primary caregivers, and since they are allowed to collect money for
their service, we plunked them in our business districts."

Huntington Woods didn't allow caregiving as a home occupation because
no other medical fields are.

"For the most part, we just enhanced the rules we have," Cook said.
"Some people think it could be a model ordinance. Time will tell. We
did the best we could."

City Commissioner Jules Olsman said his goals with addressing
caregivers were to avoid litigation and encourage proper conduct.

"I think it's a fabulous way to handle something the public says it
wants by ballot proposal," he said. "It doesn't treat medical
marijuana like the hunchback of Notre Dame and it blends it in as a
legitimate business activity."

In 2008, 79 percent of Huntington Woods voters approved the Michigan
Medical Marijuana Act compared to 63 percent in Michigan.