BY MATT MACKINDER
Clarkston News Editor

Medical marihuana will soon be allowed in Independence Township, but only in industrial zoning districts, and not in commercial or residential districts.
The township board of trustees unanimously passed the resolution at the May 18 regular meeting, but Supervisor Pat Kittle asked Planning and Zoning Manager Brian Oppmann how the township will know where the caregivers live as the state does not make that information available.
“Because of HIPAA and other requirements in the law, we have no idea where these people actually reside,” Oppmann said. “Unfortunately, we are going to have to rely on the eyes and ears of our residents to notify the township if there is anything that is out of the ordinary in these residential neighborhoods. That being the case, if we receive a complaint, our code enforcement will aggressively pursue it.”
Should a resident be found to be in violation of the ordinance, the resident will be required to move the business to an industrial part of town and apply for a permit.
Caregiver operations will be limited to reasonable health and safety restrictions and standards, and the ordinance regulates any caregiver who possesses or grows over 12 plants but does not regulate individuals growing a personal supply of marihuana as allowed and permitted under the law.
The ordinance requires a special land use and provides for reasonable setbacks to provide adequate protection to adjacent property owners and addresses various issues such as noise, odor, emissions, and ventilation. Any applicant would have to pay all of the necessary fees in the township planning and zoning department fee schedule for the special land use, as well as a $250 permit fee to the township.
“The fee is actually going to cover all of our costs for all the inspections and reports that have to be written,” Kittle said. “We’re not making any money off this. We’re just looking to recoup our costs.”
Also passed at the meeting was a permitting ordinance requiring caregivers to obtain a permit to operate within the township. The permitting conditions are based on reasonable health and safety concerns and provide for reasonable inspections and enforcement. Previous violations of the Michigan Medical Marihuana Act and/or the Michigan Department of Community Health’s general rules are grounds for the board of trustees to revoke or deny a caregiver permit.
The ordinance requires caregivers to obtain all necessary building, electrical, plumbing, mechanical permits, and inspections. Caregivers will be required to obtain written approval from the township building, fire, and police departments to obtain a permit and to ensure all material issues concerning the facility’s location and any potential impact to the health and safety of township residents has been addressed and resolved.