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Local Regulation of Medical Marihuana

Local Regulation of Medical Marihuana. Michigan Medical Marihuana Act (MMMA). Sources. Download from the MTA or the MML websites. Qualifying Patients Regulated by the MMMA. Can legally obtain, possess, cultivate/grow, use and distribute medical marihuana

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Local Regulation of Medical Marihuana

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  1. Local Regulation ofMedical Marihuana Michigan Medical Marihuana Act (MMMA)

  2. Sources Download from the MTA or the MML websites.

  3. Qualifying PatientsRegulated by the MMMA • Can legally obtain, possess, cultivate/grow, use and distribute medical marihuana • Must apply to the DCH (Dept. of Community Health) for a registry card • Annual renewal • Requires a physicians certification • Can possess 2½ ounces of marihuana and 12 marihuana plants • Must be kept in an enclosed, locked, facility • Can give up that right to a qualified caregiver

  4. Primary CaregiversRegulated by the MMMA • Can assist qualifying patients • Must obtain certification from the DCH to care up to five patients • May cultivate 12 plants and possess 2½ ounces per patient and deliver, transfer, and acquire marihuana • Could possess up to 60 plants and 12½ ounces • 72 plants and 15 ounces if also a qualifying patient • Groups of caregivers can significantly increase the amount of allowable marihuana under the MMMA

  5. Potential FacilitiesNot regulated by the MMMA • Home use • Medical practices specializing in the certification of patients • Dispensaries • Compassion clubs and/or smokehouses • Grow operations or cooperatives • Delivery services

  6. Local Regulatory Choices 1 • Do nothing • Can make a community more attractive to caregivers • Could create a number of nonconforming uses if regulated later • Zoning • Prohibition • Likely to get sued • Potential for the creation of a black market

  7. Local Regulatory Choices 2 • Regulatory approaches • Permitted uses in certain districts • May include various codified conditions • Eliminates (to a degree) political opposition • Conditional uses in certain districts • May include various codified conditions • May include other property specific conditions • Opens the door wider for political opposition

  8. Local Regulatory Choices 3 • Temporary moratorium • Bans the creation of medical marihuana facilities for a set period of time • Allows municipalities the time to draft adequate regulations • Licensing • Utilizes local police powers • Is subject to annual renewals • Can be applied to any location

  9. Important Questions 1 • What are the concerns of municipal officials? • What are the appropriate zoning districts? • Do the proposed regulations: • Protect the public health, safety and welfare? • Enforce the purpose of the zoning ordinance and master plan? • Allow for easy interpretation/enforcement? • Do similar regulations apply to other uses?

  10. Important Questions 2 • Should there be: • A number of caregivers per facility threshold? • Separation requirements? • Disperse facilities throughout a community • Minimum distance from other similar facilities? • Minimum distance from churches, schools, parks, etc.? • Concentrate facilities in certain districts • Minimum distance from certain zoning districts? • Minimum distance from churches, schools, parks, etc.?

  11. Important Questions 3 • Should there be: • Minimum security measures? • Minimum health regulations? • Adequate ventilation • Adequate electrical and plumbing facilities • Hours of operation? • Traffic generation limitations? • Are the proposed regulations exclusionary: test drive the regulations

  12. Important 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%

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