Local Regulation ofLocal Regulation ofMedical MarihuanaMedical Marihuana

Michigan Medical Marihuana Act (MMMA)Michigan Medical Marihuana Act (MMMA)

SourcesSources SourcesSources

Download from the MTAor the MML websites..

Qualifying PatientsQualifying PatientsRegulated by the MMMA

Qualifying PatientsQualifying PatientsRegulated by the MMMA

• Can legally obtain, possess, cultivate/grow, use and Can legally obtain, possess, cultivate/grow, use and distribute medical marihuanadistribute medical marihuana

• Must apply to the DCH (Dept. of Community Health) Must apply to the DCH (Dept. of Community Health) for a registry cardfor a registry card• Annual renewalAnnual renewal• Requires a physicians certificationRequires a physicians certification

• Can possess 2½ ounces of marihuana and 12 Can possess 2½ ounces of marihuana and 12 marihuana plantsmarihuana plants• Must be kept in an enclosed, locked, facilityMust be kept in an enclosed, locked, facility• Can give up that right to a qualified caregiverCan give up that right to a qualified caregiver

Primary CaregiversPrimary CaregiversRegulated by the MMMA

• Can assist qualifying patientsCan assist qualifying patients• Must obtain certification from the DCH to care up Must obtain certification from the DCH to care up

to five patientsto five patients• May cultivate 12 plants and possess 2½ ounces per May cultivate 12 plants and possess 2½ ounces per

patient and deliver, transfer, and acquire marihuanapatient and deliver, transfer, and acquire marihuana• Could possess up to 60 plants and 12½ ouncesCould possess up to 60 plants and 12½ ounces

• 72 plants and 15 ounces if also a qualifying patient72 plants and 15 ounces if also a qualifying patient

• Groups of caregivers can significantly increase the Groups of caregivers can significantly increase the amount of allowable marihuana under the MMMAamount of allowable marihuana under the MMMA

Potential FacilitiesPotential FacilitiesNot regulated by the MMMANot regulated by the MMMA

• Home useHome use

• Medical practices specializing in the Medical practices specializing in the certification of patientscertification of patients

• DispensariesDispensaries

• Compassion clubs and/or smokehousesCompassion clubs and/or smokehouses

• Grow operations or cooperativesGrow operations or cooperatives

• Delivery servicesDelivery services

Local Regulatory Choices 1Local Regulatory Choices 1

• Do nothingDo nothing• Can make a community more attractive to Can make a community more attractive to

caregiverscaregivers• Could create a number of nonconforming uses Could create a number of nonconforming uses

if regulated laterif regulated later

• ZoningZoning• ProhibitionProhibition

• Likely to get suedLikely to get sued• Potential for the creation of a black marketPotential for the creation of a black market

Local Regulatory Choices 2Local Regulatory Choices 2

• Regulatory approachesRegulatory approaches• Permitted uses in certain districtsPermitted uses in certain districts

• May include various codified conditionsMay include various codified conditions

• Eliminates (to a degree) political oppositionEliminates (to a degree) political opposition

• Conditional uses in certain districtsConditional uses in certain districts• May include various codified conditionsMay include various codified conditions

• May include other property specific conditionsMay include other property specific conditions

• Opens the door wider for political oppositionOpens the door wider for political opposition

Local Regulatory Choices 3Local Regulatory Choices 3

• Temporary moratoriumTemporary moratorium• Bans the creation of medical marihuana facilities for a set Bans the creation of medical marihuana facilities for a set

period of timeperiod of time

• Allows municipalities the time to draft adequate Allows municipalities the time to draft adequate regulationsregulations

• LicensingLicensing• Utilizes local police powersUtilizes local police powers• Is subject to annual renewalsIs subject to annual renewals• Can be applied to any locationCan be applied to any location

Important Questions 1Important Questions 1

• What are the concerns of municipal officials?What are the concerns of municipal officials?

• What are the appropriate zoning districts?What are the appropriate zoning districts?

• Do the proposed regulations:Do the proposed regulations:• Protect the public health, safety and welfare?Protect the public health, safety and welfare?• Enforce the purpose of the zoning ordinance and Enforce the purpose of the zoning ordinance and

master plan?master plan?• Allow for easy interpretation/enforcement?Allow for easy interpretation/enforcement?

• Do similar regulations apply to other uses?Do similar regulations apply to other uses?

Important Questions 2Important Questions 2

• Should there be:Should there be:• A number of caregivers per facility threshold?A number of caregivers per facility threshold?

• Separation requirements?Separation requirements?• Disperse facilities throughout a communityDisperse facilities throughout a community

• Minimum distance from other similar facilities?Minimum distance from other similar facilities?

• Minimum distance from churches, schools, parks, etc.?Minimum distance from churches, schools, parks, etc.?

• Concentrate facilities in certain districtsConcentrate facilities in certain districts• Minimum distance from certain zoning districts?Minimum distance from certain zoning districts?

• Minimum distance from churches, schools, parks, etc.?Minimum distance from churches, schools, parks, etc.?

Important Questions 3Important Questions 3

• Should there be:Should there be:• Minimum security measures?Minimum security measures?• Minimum health regulations?Minimum health regulations?

• Adequate ventilationAdequate ventilation• Adequate electrical and plumbing facilitiesAdequate electrical and plumbing facilities

• Hours of operation?Hours of operation?• Traffic generation limitations?Traffic generation limitations?

• Are the proposed regulations exclusionary: Are the proposed regulations exclusionary: test drive the regulationstest drive the regulations

Important Questions 4Important Questions 4

• Was there local support for the MMMA demonstrated during the 2008 election?• Michigan voters – 62.7%• Region 2 voters – 57.8%• Hillsdale County voters – 52.5%• Jackson County voters – 59.0%• Lenawee County voters – 58.2%