GreenSurfer
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Michigan's new medical marijuana act says growers may be compensated for the costs associated with providing qualified patients with herbal relief for cancer, AIDS, epilepsy, multiple sclerosis and other health problems.
Are the growers providing a service or running a business?
The Royal Oak Plan Commission will take another look at the issue Tuesday as city officials consider passing the state's first zoning law that would limit growers called "primary caregivers" to general business districts.
The proposed zoning amendment wouldn't apply to patients or their spouses who grow marijuana at home for the patient's personal medical use.
However, the state provision that allows other growers to be compensated is grounds to treat them as a business and prevent them for operating out of houses, Planning Director Tim Thwing said.
"There are several justifications as to why we need to proceed with the amendment," Thwing said. "The main reason is so we know how to treat medical marijuana dispensaries, which means the growers aren't patients. How will Royal Oak deal with people who want to provide this service?"
Since April, the Michigan Department of Community Health has issued 5,873 patient registrations and 2,440 caregiver registrations with an average of 66 arriving daily for state workers. They are dealing with a five-week backlog.
Registered primary caregivers can grow 12 plants each for up to five qualified patients under the Michigan law passed in November 2008.
"Some plan commissioners don't see how anyone can make any money, but advocates of medical marijuana are telling people how to make it a business and how to make money doing it," Thwing said.
He points to one reported estimate that a caregiver serving five patients could earn up to $50,000 a year.
"Since the advocates of medical marijuana stress the business opportunities presented by becoming a primary caregiver, they can not argue that the city does not have the right to treat them as a business and regulate them as such under our zoning ordinance," Thwing says in a report to the Plan Commission.
Plan commissioners will make a recommendation to the City Commission. Elected officials have the final say on whether Royal Oak's zoning ordinance is amended.
Thwing said he wants to avoid problems encountered in Los Angeles, Calif., where the city had to declare a moratorium on medical marijuana dispensaries in 2007 to draw up new regulations to handle an influx of growers.
Michigan lawmakers are looking at amending the state act to require medical marijuana to be grown and sold through licensed facilities, but the bills are in committees. In the meantime, Thwing is urging Royal Oak officials to change the city's zoning law to:
* Define a medical marijuana dispensary as a facility for primary caregivers who are legally registered by the Michigan Department of Community Health.
* Allow the dispensaries in general business districts as a special land use. In Royal Oak, these districts are on Woodward Avenue, Main Street north of the downtown, and some parts of Coolidge Highway and 14 Mile Road.
* Ban dispensaries within a 1,000-foot radius of a school, library, park or playground, licensed day care, place of worship, or another dispensary.
* Set hours of operations from 8 a.m. to 8 p.m.
"We're being proactive," Thwing said, adding that a few people are interested in opening a dispensary in Royal Oak.
The Plan Commission could vote on the proposed amendment or set another public hearing.
Are the growers providing a service or running a business?
The Royal Oak Plan Commission will take another look at the issue Tuesday as city officials consider passing the state's first zoning law that would limit growers called "primary caregivers" to general business districts.
The proposed zoning amendment wouldn't apply to patients or their spouses who grow marijuana at home for the patient's personal medical use.
However, the state provision that allows other growers to be compensated is grounds to treat them as a business and prevent them for operating out of houses, Planning Director Tim Thwing said.
"There are several justifications as to why we need to proceed with the amendment," Thwing said. "The main reason is so we know how to treat medical marijuana dispensaries, which means the growers aren't patients. How will Royal Oak deal with people who want to provide this service?"
Since April, the Michigan Department of Community Health has issued 5,873 patient registrations and 2,440 caregiver registrations with an average of 66 arriving daily for state workers. They are dealing with a five-week backlog.
Registered primary caregivers can grow 12 plants each for up to five qualified patients under the Michigan law passed in November 2008.
"Some plan commissioners don't see how anyone can make any money, but advocates of medical marijuana are telling people how to make it a business and how to make money doing it," Thwing said.
He points to one reported estimate that a caregiver serving five patients could earn up to $50,000 a year.
"Since the advocates of medical marijuana stress the business opportunities presented by becoming a primary caregiver, they can not argue that the city does not have the right to treat them as a business and regulate them as such under our zoning ordinance," Thwing says in a report to the Plan Commission.
Plan commissioners will make a recommendation to the City Commission. Elected officials have the final say on whether Royal Oak's zoning ordinance is amended.
Thwing said he wants to avoid problems encountered in Los Angeles, Calif., where the city had to declare a moratorium on medical marijuana dispensaries in 2007 to draw up new regulations to handle an influx of growers.
Michigan lawmakers are looking at amending the state act to require medical marijuana to be grown and sold through licensed facilities, but the bills are in committees. In the meantime, Thwing is urging Royal Oak officials to change the city's zoning law to:
* Define a medical marijuana dispensary as a facility for primary caregivers who are legally registered by the Michigan Department of Community Health.
* Allow the dispensaries in general business districts as a special land use. In Royal Oak, these districts are on Woodward Avenue, Main Street north of the downtown, and some parts of Coolidge Highway and 14 Mile Road.
* Ban dispensaries within a 1,000-foot radius of a school, library, park or playground, licensed day care, place of worship, or another dispensary.
* Set hours of operations from 8 a.m. to 8 p.m.
"We're being proactive," Thwing said, adding that a few people are interested in opening a dispensary in Royal Oak.
The Plan Commission could vote on the proposed amendment or set another public hearing.