Lansing – The city now has an ordinance that sets regulations for growing medical marijuana in residential homes.
It will take effect Feb. 22 and already has drawn plenty of reactions.
You dont punish every single person in the program because you have a handful of people doing things poorly," said T.J. Doyle, a 41-year-old state-licensed caregiver and patient. The city didnt have to get draconian with it.
Doyle lives on the city’s east side and is troubled by the ordinance approved Monday night by City Council. It requires owners of homes that grow medial marijuana to register with the city if they use more more than 3,500 kilowatt hours of electricity intermittent or continuous.
Failure to register a structure or building could result in a civil infraction. As of Tuesday afternoon, it was unclear if those who register will have to pay a fee.
"They are just misguided in what they are doing," Doyle said of city officials.
City officials said registration records maintained by the city will be protected under a general privacy exemption in the Freedom of Information Act. The ordinance also cites U.S. Public Law 104-91, the Health Insurance Portability and Accountability Act (HIPPA). It pertains to the confidentiality of medical information.
Mayor Virg Bernero, who didn’t attend Monday’s meeting, praised the ordinance’s passage in a press release emailed Tuesday to the Lansing State Journal. It took several months to pass the ordinance, which was supported by several neighborhood groups that have been concerned about public safety and odors.
Lansing neighborhoods will be safer because the city will be conducting inspections and requiring people who use a potentially hazardous amount of electricity to register with our code compliance department, Bernero said in the statement. We know that it is legal under state law for medical marijuana patients and caregivers to grow marijuana in their home, but this activity must be done in a safe manner that does not create a nuisance or put their neighbors in harms way.
The ordinance was approved unanimously Monday by seven council members. First Ward Council Member Jody Washington didn’t attend Monday’s meeting because she is out of the country. In a statement sent Tuesday to the LSJ, Washington said she’s "happy for any forward movement regarding the marijuana that will move us in the direction of safety and quality of life for all of our citizens."
Bernero said the city receives "a handful" of complaints each year from neighbors who are disturbed by the odors coming from growing operations in residential areas.
Protecting the quality of life in our neighborhoods is vitally important, Bernero said. With the new tools this ordinance provides, we can make sure that any hazards or neighborhood nuisances caused by home growing of marijuana can be addressed and resolved.
The ordinance serves as an addition to Lansing’s home occupation ordinance.
Dick Peffley, the Board of Water & Light’s general manager, told city officials in November there have been fires in city homes that used amounts of electricity that he deems excessive. Not all involved medical marijuana growing, he said.
Peffley said it’s rare to see a home use 5,000 kilowatt hours unless occupants are using several lights for marijuana grow operations, have tanning beds or other setups that sap extreme amounts of power. At the time, Peffley suggested the threshold for the ordinance could be lowered — if further research showed it was needed.
Doyle said Tuesday it would have been better for the city to show licensed medical marijuana caregivers and patients how to make their homes more energy efficient and safer before they even considered this new ordinance.
"I think its a overreach by the local government and the utility company to be involved in the medical care of my patients and my own care as well," Doyle said.
The Michigan Medical Marihuana Act of 2008 permits registered caregivers to grow up to 72 plants in their home or a facility. The state allows up to 60 of those plants to be grown for five state-registered patients.
Rick Thompson, a 51-year-old registered patient from Flint, said he believes Lansing’s residential medical marijuana ordinance is the first of its kind in Michigan. Thompson serves on boards for MI Legalize and MI NORML (National Organization for the Reform of Marijuana Laws). He doesn’t see widespread problems throughout state involving caregivers growing marijuana in their homes.
Most caregivers, Thompson said, have the necessary equipment needed like carbon filters to eliminate odors or proper lighting to prevent fires.
"The fact is there really haven’t been many bad actors at all," Thompson said.
Council members still are reviewing a proposed medical marijuana ordinance for commercial establishments. If approved, the ordinance could require establishments to purchase licenses for operation. There could also be distance requirements for marijuana safety compliance facilities, processor facilities and dispensaries.
A draft created late last year by officials proposed they can’t be within 1,000 feet of parks, schools and child care centers. The draft also said they must be at least 500 feet away from other marijuana establishments, substance abuse centers and churches.
Council’s Committee on Public Safety will review the proposed commercial ordinance at 3:30 p.m. Tuesday on the 10th floor of City Hall. The meeting will be open to the public.
Third Ward Council Member Adam Hussain, the committee’s chair, said it will likely take at least two or three meetings to get the proposed ordinance in shape so it can be reviewed by the full eight-member council.
News Moderator: Katelyn Baker
Full Article: New Marijuana Ordinance Has Critics, Supporters
Author: Eric Lacy
Contact: 1-517-377-1000
Photo Credit: Getty Images
Website: Lansing State Journal
