LANSING'S MEDICAL MARIJUANA MORATORIUM LIKELY TO END

City Attorney Says Extension 'Impractical, If Not Impossible'

Extending a moratorium on medical marijuana business licenses in
Lansing would be a legal risk so close to its July 1 expiration, the
city's attorney said Friday.

The idea has been popular in some city neighborhoods, among business
owners and even with some Lansing City Council members trying to
regulate an emerging and controversial industry.

But to grant more time - even 30 days, as some have requested - would
have required at least a week more to plan, since an extension is its
own ordinance, City Attorney Brig Smith said. He said his office
continues to review the implications of an extension.

"Everybody, I'm sure, would love to push the extension," Smith said.
"At this point, it would be legally impractical, if not impossible, to
extend the moratorium further."

The council on Monday is expected to take up a proposed medical
marijuana ordinance that regulates business licenses. The policy as
drafted would allow growing and distribution in industrial and some
commercial zones.

One of the proposal's most contentious clauses is a plan to
grandfather in 48 existing businesses in operation prior to the
moratorium, since they wouldn't meet new guidelines to stay 1,000 feet
from schools, churches and other dispensaries. The moratorium was put
into place in December 2010 as the council considered how to regulate
businesses.

Several dispensary managers declined comment or could not be reached
Friday.

Smith said he is "comfortable" with the existing draft and, with the
exception of a moratorium, doesn't anticipate changes that couldn't be
included.

Earlier drafts restricted businesses to only industrial zones and
would not have allowed grandfathering, but Smith said at the time that
could pose legal challenges.

Residents and business owners Friday publicly called on council
members to allow more time to consider details, including their
suggestions for a citywide cap on the number of operations and
offering them 90 days to relocate instead of grandfathering.

Since Tuesday, 128 people signed an online petition from the Eastside
Neighborhood Organization and the Allen Neighborhood Center.

Residents said they're not opposed to the state's medical marijuana
law, which voters adopted in 2008, but want to ensure it's closely
regulated.

"I'm concerned that City Council is pushing this too fast," said Nancy
Mahlow, ENO president, adding that council should have handled the
issue shortly after the law passed.

"We're not going to agree on everything, but we can come to a middle
ground," Mahlow said. "I haven't seen that happen yet."

The council's public safety committee, led by at-large Councilwoman
Carol Wood, will meet prior to Monday's full meeting to consider final
amendments.

Wood, who supported the idea of the industrial-only zoning and lack of
grandfathering, said the ideas of a cap and an extension are worth a
second look. She was the sole committee member to oppose sending the
draft to the Lansing planning board for review.

"We've been moving along on this and trying to come to some
resolution," she said. "If it means some additional time to make sure
we get it right, I'd rather do that than have something out there that
we're continually pulling back."

[sidebar]

Planning board review

The Lansing planning board this week did not support a proposed
medical marijuana ordinance as drafted by a City Council committee.

The board recommended changes, including a council-imposed cap on
the number of dispensaries and no clause to allow 48 existing
businesses to be grandfathered in to the ordinance, said John Ruge, a
planning board member.

Council can choose to consider or reject the board's suggestions. It
will not prevent the group from adopting an ordinance.

Council will meet at 7 p.m. Monday on the 10th floor of City Hall,
124 W. Michigan Ave.

The council's public safety committee will meet at 5 p.m. Monday to
consider any final amendments.