The new Medical Marihuana Facilities Licensing Act has area municipalities rethinking their approach to medical marijuana. The law was signed into law by Gov. Rick Snyder earlier this fall and are designed to encourage commercial medical marijuana production.
As Snyder stated when he signed the bill into law in September, the law gives a framework so that people allowed to use marijuana for medicinal purposes can have a safe source from which to purchase or utilize medical marijuana. The medical marijuana law voters approved a few years ago did not address these issues.
What the new law means for local municipalities has already become a subject of discussion in several communities around the county. As officials in Niles and Buchanan reported recently, they’re being regularly approached with proposals from businesses.
At a recent meeting, Niles City Council members appeared open to the idea of putting rules in place that would encourage commercial medical marijuana operations in the city.
City Administrator Ric Huff said he’s already been approached by marijuana growers who want to know the city’s plans in relation to the new licensing law. He suggested the council decide “sooner rather than later” if it wants to allow such facilities in the city in order to maximize its opportunities.
The new state law puts rules in place to track marijuana production from the selling of seeds and the propagation and growth of plants to harvesting, transporting the product, delivery and selling the product. Participating communities will have to pass an ordinance and licensing requirements for every step of the process.
Huff said the city will still be able to regulate where such facilities can be located-he recommended industrially zoned districts away from schools and homes as well as charge application fees. The city could also expect to get back a portion of the taxes collected by the state.
Council members were generally receptive to the idea. “My libertarian leanings tell me that we have to accept this,” John DiCostanzo said. “Socially, it’s becoming more acceptable … I would favor it being in industrial areas.”
Others emphasized security concerns. Gretchen Bertschy said she’d like to see companies have their own security so there would be less of a burden on the city police department. Police Chief Jim Millin said having for more commercial facilities in the city might actually cut down on the number of residential medical marijuana operations in the city.
Another local municipality looks to be taking a pass on the new law. Berrien Springs Village Council members discussed the state’s new medical marijuana licensing act and concluded that they won’t be taking action any time soon. The village already has an ordinance in place that only allows medical marijuana facilities in industrially zoned districts.
Village attorney Frank DeFrancesco said the new law puts rules in place to track marijuana production from the selling of seeds and the propagation and growth of plants to harvesting, transporting the product, delivery and selling the product. Licensing would be required at every step.
“If the community doesn’t want any of it, it doesn’t have to do anything,” DeFrancesco said. “If they want it, they have to pass an ordinance and licensing requirements for each step. We can revisit it from year to year but the easiest approach right now is to do nothing.”
An analysis produced for the Michigan Municipal League noted that the new law establishes a licensing framework similar to the framework for liquor licenses. It also legalizes the use of marihuana infused products or “edibles”.
People involved in the production of medical marihuana must be licensed at all steps of the process and local municipalities can charge fees of up to $5,000 to defray costs. Participating municipalities are also eligible to receive a small percentage of the revenue from the facilities.
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