BY PHIL CUSTODIO
Clarkston News Editor
Want to open a marihuana business in Independence Township?
Think again. At its Feb. 5 meeting, the Independence Township Board voted unanimously to approve first reading of a new zoning ordinance to prohibit marihuana establishments in the township.
“I think it’s a good idea to be conservative, to wait and see,” said Clerk Barbara A. Pallotta.
Michigan voters approved Ballot Proposal 18-1 on Nov. 6, legalizing personal possession, use, and cultivation of marihuana products by individuals at least 21 years old.
However, it allows municipalities “to completely prohibit or limit the number of marihuana establishments within its boundaries” subject to some limitations and conditions in the MRTMA (Michigan Regulation and Taxation of Marihuana Act), such as a citizen petition to put the matter to local vote, said township attorney Steven P. Joppich.
“There are many questions and uncertainties surrounding the MRTMA and the impacts of creating a new legalized recreational marihuana industry in Michigan, including concerns about public health and law enforcement, zoning and land uses, financial impacts, how the state will regulate and license the industry and its various players, how the MRTMA will impact those with medical marihuana cards and those licensed under the MMFLA (Medical Marihuana Facilities Licensing Act), and how the courts will decipher, interpret, and apply the numerous confusing, conflicting, and unclear provisions of the MRTMA,” Joppich said.
Marihuana establishments under the MRTMA include commercial growers, processors, retailers, transporters, safety compliance facilities and micro-businesses.
“You’ll have to get licenses to grow, process, and sell commercially,” he said.
The state will issue licenses similarly to how it issues liquor licenses, he said.
The township can opt out while the state and courts work through these issues and better understand potential impacts, benefits, and detriments of marihuana establishments in the township, he said.
“The board can, at any time in the future, decide to opt-in should it so desires,” he said.
The board voted on Dec. 18 to approve first reading of a general code ordinance prohibiting marihuana establishments in the township. The Planning Commission reviewed and recommended approval of the ordinance on Jan. 10.
The Feb. 5 vote means both the general code and zoning ordinances can come before the Township Board for second readings and adoption.
The proposed ordinances do not prohibit recreational marihuana use or possession, Joppich said.
“The township can’t regulate that part,” he said.
Independence Township did not opt-in to the 2016 MMFLA, which allows for various types of licenses for medical marihuana related businesses, Joppich said.
Unlike the MMFLA, which requires a municipality to affirmatively opt-in, the MRTMA requires a municipality to take affirmative action to opt-out if it wants to prohibit marihuana establishments in its community, he said.
“Thus, taking no action would result in marihuana establishments being permitted in the Township, subject to the MRTMA,” he said. “The deadline for opting-out is not imminent from a legal standpoint at this time, but action sooner rather than later is desirable if possible.”
Clerk Pallotta, Treasurer Paul A. Brown, and trustees Jose Aliaga, Ronald A. Ritchie, and James M. Tedder voted for the ordinance.
Supervisor Pat Kittle and Trustee Rachel J. Loughrin were absent.