Stories indexed with the term ‘medical marijuana licensing’

The Ann Arbor city council has tabled a resolution that would change its medical marijuana licensing ordinance. The  tabling, which is unlike a postponement to a date certain, leaves open the possibility that the council might not ever take the question up off the table. If the council fails to take the question up within six months, the item demises. However, Sabra Briere (Ward 1) indicated she intended to take it up off the table before the six months are up. The tabling took place at the council’s Oct. 1, 2012 meeting.

The ordinance amendments in question were recommended by the city’s medical marijuana licensing board at the start of the year. Representative of the revisions is a change that strikes … [Full Story]

Ann Arbor city council meeting (April 2, 2012) Part 1: At a meeting that lasted until midnight, the Ann Arbor city council dealt with a full agenda, including several medical marijuana issues.

Part 1 of this meeting report focuses just on the medical marijuana-related items. In a separate article, The Chronicle has analyzed some of the key issues at stake: “Ann Arbor Marijuana Licenses: Who Decides?”

In front of the council for its consideration were three separate agenda items involving medical marijuana: (1) revisions to the city’s medical marijuana licensing ordinance as recommended by the licensing board; (2) direction to the city planning commission to make a recommendation on revisions to the city’s medical marijuana zoning ordinance; and (3) direction to the city attorney to delay enforcement action against dispensaries.

The council unanimously postponed consideration of the licensing ordinance revisions until June 18 – the council’s second meeting that month. During deliberations on the licensing ordinance, several councilmembers expressed concerns about the board-recommended revisions, in particular one that would allow the city council to waive requirements of the licensing ordinance for a dispensary.  In postponing, councilmembers wanted to give the planning commission enough time to act on its direction to review the medical marijuana zoning ordinance and give a recommendation to the city council. The intent is to bring forward any changes to the licensing and zoning at the same time.

The direction to the planning commission passed on a 9-1 vote, with dissent from the Tony Derezinski (Ward 2), who is the city council’s representative to the planning commission. [Marcia Higgins (Ward 4) was absent, leaving the 11-member council with 10 members present.]

The council tabled the resolution directing the city attorney to delay enforcement activities. The tabling was achieved on a 6-4 vote. Voting against the tabling were mayor John Hieftje, Sabra Briere (Ward 1), Margie Teall (Ward 4) and Mike Anglin (Ward 5). A tabled resolution will demise if it’s not brought back for consideration in six months.

The medical marijuana licensing board made recommendations on the award of licenses to 10 dispensaries at its  Jan. 31, 2012 meeting. Given remarks made at the council’s April 2 meeting by Sandi Smith (Ward 1), Carsten Hohnke (Ward 5) and Stephen Kunselman (Ward 3), there’s some sentiment in support of having the council go ahead and vote on those recommendations – before the council considers ordinance revisions in June. But it’s not clear whether the city attorney’s office would be prepared before June to provide advice on the license awards.

This report includes coverage of public commentary and council deliberations on the medical marijuana items, presented in detail. Other agenda items from the April 2 meeting will be included in a separate forthcoming report. [Full Story]

At an April 2 meeting that lasted until midnight, the Ann Arbor city council handled several agenda items that could affect continued patient access to medical marijuana in Ann Arbor. The meeting also featured extensive public commentary on the topic of medical marijuana. In advance of publishing the full meeting report, The Chronicle offers this analysis of some of the medical marijuana-related issues that were discussed.

Most notably, the meeting featured remarks from city attorney Stephen Postema indicating that he believes medical marijuana dispensaries should not be in business now because they lack licenses: “… [dispensaries] can’t operate right now, they’re not allowed to operate at all – without a license.”

That contradicts the city’s ordinance, which allows dispensaries to operate while their license applications are still pending. (The city is still in the process of issuing its first licenses for dispensaries.) From the ordinance: “The medical marijuana dispensary may continue to operate pending final action on the application unless the Building Official determines that it must be closed for safety reasons.” When The Chronicle sent Postema an emailed query questioning the accuracy of his statement, he responded by insisting his statement was accurate. However, Postema declined to provide any foundation for his feeling that dispensaries lacking a license – even those with applications pending – are not allowed to operate by dint of having no license.

If dispensaries are assumed to be operating in violation of the Michigan Medical Marijuana Act, then they would not be allowed to operate – whether they had a license or not. However, at the April 2 meeting Postema did not identify a basis for such an assumption. He stopped short of describing an interpretation of a recent Michigan court of appeals ruling (the McQueen case) as banning all dispensaries, but said the ruling presented “severe difficulties” for dispensaries.

The council’s deliberations on Monday night can be understood in the context of a struggle between the city attorney’s office on the one hand, and some members of council and the medical marijuana licensing board. The struggle relates to who has the decision-making authority for awarding licenses, and when those licensing awards should be decided. From a formal, procedural point of view, it’s not an open question: The licensing board makes recommendations to the city council, which has the ultimate decision-making authority. The board has already recommended that licenses be awarded to 10 different dispensaries.

However, from a practical point of view, the council will act only under the advice of the city attorney’s office. Since the licensing and zoning ordinances were enacted by the city council last year, Postema has proceeded in a way that reserves a role for city staff in the licensing process that has an uncertain basis in the actual ordinances approved by the council. Revisions to those ordinances, meant in part to address some of those uncertainties, were part of the council’s April 2 agenda.

Here’s a summary of the outcome on medical marijuana issues at the April 2 meeting: (1) the council unanimously postponed consideration of licensing ordinance revisions until June 18 – the council’s second meeting that month; (2) on a 9-1 vote, the council approved giving direction to the city planning commission to review the zoning ordinance; and (3) on a 6-4 vote, the council tabled a resolution directing the city attorney to delay enforcement activities against dispensaries. A tabled resolution will demise if it’s not brought back off the table in six months.

Deliberations suggested in sum that the current arrangement in Ann Arbor, under which patients are still able to get medical marijuana from dispensaries, will persist at least until the city council votes on licenses. But the timing of that vote appears fairly uncertain, given the mixed signals currently being sent by the city attorney.

Provided in this article is analysis of some of the local issues related to medical marijuana licensing and zoning. The analysis culminates by showing how the interpretation of a single requirement in the city’s zoning ordinance – that dispensaries adhere to the Michigan Medical Marijuana Act – makes a significant difference in who makes the practical decision on whether dispensaries receive a license and can legally operate, and where the burden of proof lies for MMMA conformance. [Full Story]

At its April 2, 2012 meeting, the Ann Arbor city council considered three separate agenda items involving medical marijuana: (1) revisions to the city’s medical marijuana licensing ordinance; (2) direction to the city planning commission to make a recommendation on revisions to the city’s medical marijuana zoning ordinance; and (3) direction to the city attorney to delay enforcement action against those dispensaries for which the city’s medical marijuana licensing board has recommended licenses.

The council unanimously postponed consideration of the licensing ordinance revisions until the council’s second meeting in June – June 18.

The council approved the  resolution that gives direction to the planning commission to review the medical marijuana zoning ordinance, on a 9-1 vote.

The council tabled the resolution directing the … [Full Story]

Ann Arbor city council meeting (March 5, 2012): The council’s meeting did not conclude until almost 1 a.m., prompting resident Thomas Partridge to remark during public commentary at the conclusion of the meeting, “It’s almost time to plan for breakfast!”

The issue driving the lengthy meeting was an agreement between four different entities, including the city of Ann Arbor, that would set up a framework for a transition of the Ann Arbor Transportation Authority to a new funding and governance structure. The intent of transitioning to a new authority would be to provide increased transportation service both within the city of Ann Arbor as well as throughout Washtenaw County.

The Ann Arbor city council approved the agreement on Monday night on a 7-4 vote, after postponing it three times previously. That sets the stage for the city of Ypsilanti, Washtenaw County and the AATA to approve it as well. Even after approval by those three entities, several steps would remain before a new transit authority, incorporated under Michigan’s Act 196, could take over transportation services from the AATA.

The council considered several amendments to the agreement, but approved only two relatively minor, clarificational items. [.pdf of agreement as amended]

Toward the end of the meeting, the nomination of University of Michigan planner Sue Gott to the AATA board was given spirited discussion by two councilmembers, but was ultimately confirmed on a unanimous vote.

Falling victim to the lengthy deliberations on the transit agreement was a resolution that would direct the city attorney to delay enforcement of medical marijuana laws for local dispensaries, except for zoning violations. A vote on that resolution was postponed without deliberation, due to the late hour. That resolution comes in the context of a recommendation from the city council’s medical marijuana licensing board, currently pending with the council, to award the first 10 medical marijuana licenses under local legislation enacted last year.

Related to a different kind of licensing, the council approved a resolution that recommends non-renewal of liquor licenses for two establishments in Ann Arbor – Dream Nite Club and Rush Street. A hearing on the two licenses will be held on March 19, with the city council’s final recommendation to the Michigan Liquor Control Commission to be made that same day.

The council also passed several resolutions related to land and its use. The council approved the acquisition of another 58.85 acres under its greenbelt program, as well as the purchase of property on West Kingsley so that a long-vacant house there can finally be demolished. A rain garden is to be constructed on that parcel, because it’s situated in the Allen Creek floodway. In a related item, a new Federal Emergency Management Agency (FEMA) flood map was also given final approval by the council on Monday night.

The council gave initial approval to a revision of parking regulations in open space at the front of land parcels, but postponed any action on a proposed revision that would eliminate a requirement on landscape buffers in areas zoned R4C (multi-family residential).

Receiving approval from the council were a total of nearly $1.7 million in renovations to several of the city parks. The funding includes improvements to ballfields at Veterans Memorial Park, Southeast Area Park and West Park, as well as upgrades to roads and paths at Buhr Park and Cobblestone Farm.

The council also approved the issuance of $120 million in revenue bonds for the reconstruction of the city’s sewage treatment facilities, long planned and in the works. [Full Story]

At its March 5, 2012 meeting, the Ann Arbor city council postponed a resolution that would direct the city attorney, Stephen Postema, to “delay all enforcement activities against medical marijuana dispensaries and cultivation facilities except for claims that they violate Section 5:50.1(3) of the City Code [zoning regulations], until the Council amends or rejects amendments to the zoning and licensing ordinances for medical marijuana.”

The council did not reach the item on its agenda until around 12:30 a.m. and decided to postpone it, due to the late hour, without further deliberation.

The resolution reflects an ongoing tension between the city’s medical marijuana licensing board and the city attorney’s office.

That tension between the board and the city attorney’s office is reflected in a … [Full Story]

On Dec. 14, 2011, Ann Arbor’s medical marijuana licensing board met to continue deliberations on applications that the city has received for a limited number of medical marijuana dispensary licenses. At its Nov. 30 meeting, the board had taken an initial straw poll on one license application. Board members were favorably inclined to make a recommendation to the city council that a license be awarded to MedMarx at Arborside Compassion, located at 1818 Packard St.

At its Dec. 14 meeting, the board continued to review materials that had been submitted to determine completeness of other applications, and heard an argument from a business owner that his application should be considered as a pre-moratorium business.

The moratorium had been imposed by the Ann Arbor city council on Aug. 5, 2010 for 120 days – it prohibited the future use of property inside the city for cultivation facilities or dispensaries, and was extended several times in the course of the council’s consideration of the medical marijuana issue. That consideration culminated on June 20, 2011 in the enactment of zoning and licensing requirements for medical marijuana businesses.

Ann Arbor’s local laws require that businesses operate in conformance with the Michigan Medical Marijuana Act, which was enacted by statewide voter referendum in 2008. The city has explicitly required of applicants for dispensary licenses that they explain how their business conforms with the law, including an Aug. 23, 2011 court of appeals ruling that has been interpreted by many authorities to mean that no medical marijuana dispensaries are legal. [.pdf of the McQueen case ruling]. Based on remarks made at the Dec. 14 meeting, it appears that Ann Arbor’s city attorney is open to the possibility that dispensary business models may exist that do conform to the McQueen case ruling.

Recommendations by the board on the award of licenses, along with recommendations for any revisions to the ordinance, are due to be submitted to the city council by the end of January 2012.

The licensing board’s work comes even as some marijuana advocates have begun to recruit volunteers for an eventual petition drive that would seek an amendment to Michigan’s constitution to repeal the state’s general marijuana prohibition. If successful, such a constitutional amendment would appear to remove state-level legal hurdles to obtaining medical marijuana or operating a medical marijuana dispensary. However, the legal ability of federal agents to enforce federal drug laws would be unaffected by a change to Michigan’s constitution.

A sign-up sheet for people to indicate willingness to help with the petition campaign was passed around by audience members at the Dec. 14 licensing board meeting. To place the constitutional amendment on the Nov. 6, 2012 ballot, the beginning and end dates for the signature collection period (based on typical strategies used by petition initiatives and Michigan’s election law) translate to Jan. 12 and July 9, respectively. To qualify, 322,609 valid signatures would need to be collected.

The Jan. 12 petition start date comes a day after Michigan’s Supreme Court is scheduled to begin hearing arguments in two medical marijuana cases. One involves the growing of medical marijuana in an “enclosed, locked facility” (People v. King) and the other involves the timing of a physician’s recommendation that is needed to support a defense against prosecution (People v. Kolanek). [Full Story]

On Wednesday, Nov. 30, 2011, the medical marijuana licensing board in Ann Arbor, Mich., took something like a straw poll on a recommendation that the city award its first dispensary license – to MedMarx at Arborside Compassion, located at 1818 Packard St.

The form of the poll strongly resembled a vote by the board to recommend the dispensary for a license, leading some observers to conclude that the recommendation had been made. But a subsequent email from board member Sabra Briere indicated the board had voted that it “would have recommended MedMarx for a license, if they were making recommendations at that meeting.” Once the board takes a formal vote on the recommendations that it wants to make to the city council, the city council will still need to vote as well, in order for the license to be awarded.

Ann Arbor’s medical marijuana licensing board was established as part of an ordinance regulating licenses for medical marijuana dispensaries, enacted by the city council on June 20, 2011.

The licensing ordinance was enacted at the same time as a zoning ordinance, which regulates where such businesses can be located in the city. The two pieces of legislation were enacted after more than a year of consideration and deliberations by members of the city council.

On Wednesday, the board considered seven out of a total of 10 license applications that had been submitted to the city. The remaining three are for businesses located in areas not zoned for medical marijuana businesses. However, at least two of those intend to ask for a review of the city’s decision to deny a zoning compliance permit (required as part of the license application) by the city’s zoning board of appeals (ZBA).

Besides the one application on which the board voted, four of the other six applications were determined to have met the requirement demonstrating that they were in operation before the council enacted a moratorium. That moratorium was established on Aug. 5, 2010 and prohibited establishment of any additional medical marijuana businesses in the city.

The board’s work on Nov. 30 came as attitudes on medical marijuana nationally, at the state level and locally are in flux. Nov. 30 was the same day that governors from the states of Washington and Rhode Island signed a petition appealing to the federal Drug Enforcement Administration to reclassify marijuana has a drug having medical uses.

And the licensing board meeting came at the conclusion of a series of day-long seminars in different Michigan cities given on Nov. 16, 17, 29, and 30 by staff of Michigan State Attorney General Bill Schuette on how to enforce the Michigan Medical Marijuana Act. The seminars included the case law that has evolved – including the McQueen case, in which a Michigan court of appeals found that at least one business model for operating a dispensary is not consistent with the MMMA.

According to a report from The Saginaw News, Schuette’s “Clearing the Air” seminars were closed to the press. The materials provided at the seminars include a range of legal tools the attorney general believes can be used to prevent medical marijuana dispensaries from doing business. One of those tools is to apply laws on public nuisances to such businesses.

The city of Ann Arbor has sent cease-and-desist letters to medical marijuana dispensaries in the city threatening to take action against them as public nuisances. Cease-and-desist letters were received by a business as recently as Nov. 8. [.pdf of letter to zoning-non-conformant business][.pdf of letter to zoning-conformant business]

During public commentary at the licensing board meeting, local attorney Dennis Hayes noted a disconnect between (1) letters sent by Ann Arbor city attorney Stephen Postema to businesses threatening to shut them down, and (2) a licensing board that is implementing the new city ordinance on allocating licenses to medical marijuana businesses. Hayes described the situation as the “right hand doing something very different from the left hand.” Hayes encouraged the licensing board to move its “right foot to drag the left foot along.”

The board’s next scheduled meeting is Dec. 14 at 4 p.m. [Full Story]

Ann Arbor city council meeting (May 2, 2011): The city council has postponed its final approval of two local medical marijuana laws at least until June 6. One law addresses zoning and the other handles licensing. With that postponement, the council stretched its formal consideration of medical marijuana regulation in the city to at least a year – it had held a June 7, 2010 closed session on the subject.

On Monday, before the postponements, the council amended both medical marijuana laws, making changes to the versions to which they’d already given initial approval – all city ordinances must receive two affirmative votes at different meetings of the council. Based on the amendments approved Monday night, the votes taken on June 6 will likely count only as the first reading. If the council makes a substantive change to an ordinance after its initial approval, then the ordinance must receive an additional first reading.

Public commentary during the evening included remarks from several medical marijuana advocates, who have become a familiar cast of characters over the past year. One highlight of that commentary included corroboration of a 2004 sidewalk encounter – between a medical marijuana petition circulator and the city attorney – which had been described during public commentary at the council’s previous meeting.

Other public comment at Monday’s meeting focused on the upcoming fiscal year 2012 budget approval, with many of the remarks centered on human services funding. The council had a specific resolution on its agenda that would have allocated funding to local nonprofits that provide human services support – but the council decided to postpone the item. The funding level in the resolution would have been about 9% less than fiscal 2011 funding.

Remarks during the budget public hearing by the president of the local firefighters union focused on the number of deaths due to fire over time. During council communications, Stephen Rapundalo (Ward 2), the chair of the council’s labor committee, reiterated a point he’s made before – that if unions make concessions on their contribution to the city’s health care plan, they can mitigate some (but not all) of the currently planned layoffs.

Public commentary at Monday’s meeting also featured remarks from county clerk Larry Kestenbaum on the following day’s single-issue election, along with an update on possible changes to state election law.

The council unanimously approved the site plan, development agreement, and brownfield plan for Packard Square, a residential development planned for the former Georgetown Mall property. Two days later, the county board of commissioners postponed their approval of items related to the Packard Square brownfield plan.

In other business, the council set a public hearing on a tax abatement for Sakti3; approved several interagency technology agreements that allow for partnership between the city, Washtenaw County and the Ann Arbor Transportation Authority; and postponed consideration of some large vehicle purchases. The council was also introduced to Paul Krutko, new CEO of Ann Arbor SPARK, the local economic development agency.

Also at Monday’s meeting, Washtenaw County commissioner Yousef Rabhi explained how his interest in public service originated in connection with the Buhr Park Wet Meadow project, led by Jeannine Palms. Palms and others involved with the project, which began in 1996, were honored with a mayoral proclamation.  [Full Story]

At its May 2, 2011 meeting, the Ann Arbor city council again postponed two local laws on medical marijuana, one on zoning and another on licensing. Both laws had previously received initial approval, but after approving several amendments to both proposed laws, the council decided to postpone them to its June 6 meeting.

The medical marijuana zoning ordinance received its initial approval by the council at its Oct. 18, 2010 meeting. The delay since the initial Oct. 18, 2010 zoning vote stems from the city of Ann Arbor’s strategy in legislating zoning and licensing of medical marijuana businesses – that strategy has been to bring both licensing and zoning before the city council at the same time for a final vote.

The context for development of zoning regulations was set at the council’s Aug. 5, 2010 meeting, when councilmembers voted to impose a moratorium on the use of property in the city for medical marijuana dispensaries or cultivation facilities. The council also directed the city’s planning commission to develop zoning regulations for medical marijuana businesses.

Subsequently, the city attorney’s office also began working on a licensing system. The council undertook several amendments to the licensing proposal at four of its meetings over the last three months: on Jan. 3, Feb. 7,  March 7 and March 21. The council finally gave its first initial approval to the licensing proposal at its March 21 meeting.

At the May 2 meeting, the most significant amendment to the licensing proposal was to eliminate cultivation facilities from licensing requirements. [.pdf of Michigan Medical Marijuana Act]

This brief was filed from the city council’s chambers on the second floor of city hall, located at 301 E. Huron. A more detailed report will follow: [link] [Full Story]

Ann Arbor city council meeting (March 21, 2011): In its highest profile business of the evening, the council finally gave its initial approval to a licensing plan for medical marijuana businesses.

The council has now been formally considering the new licensing ordinance for three months. The ordinance will next come before the council at its Tuesday, April 19 meeting for final approval. Also on April 19, the council will take a final vote on a zoning ordinance that would apply to medical marijuana businesses. The moratorium on use of property in the city for medical marijuana businesses – originally enacted on Aug. 5, 2010 to last for 120 days, but subsequently extended – was extended again at Monday’s meeting through June 30, 2011. [.pdf of medical marijuana licensing ordinance as amended on March 21, 2011]

In a lower-profile but logistically significant move, the council voted to move its second meeting of April from Monday to Tuesday, April 19, because sundown on that Monday marks the start of the week-long Passover celebration in the Jewish tradition.

Other business conducted by the council included: (1) approving a recommendation for non-renewal of a liquor license for the Fifth Quarter; (2) authorizing transfer of $90,000 to the Ann Arbor Downtown Development Authority to improve a public plaza near the Forest Street parking structure; (3) setting a public hearing to establish an industrial development district that could lead to tax abatements for the firm Sakti3; (4) authorizing a letter of support for a Washtenaw County grant application to the state for acquisition of a natural area; and (5) authorizing the city’s own application to the state for grants to support park improvement projects and a new skatepark.

Council deliberations on the park improvement grant applications resulted in the prioritization of a grant to support construction of the skatepark over one to support improvements to the Gallup park canoe livery. The city hopes both grants will be approved by the state.

The council also heard a presentation on a plan for the Millers Creek area, and later in its meeting adopted the plan. It could eventually lead to establishing the creekshed formally as a “drain,” in the sense that the county water resources commissioner (formerly the drain commissioner) uses the term. That designation will increase the area’s eligibility for various funding mechanisms to pay for projects there.

The council heard a presentation from its street outreach task force, summarizing its work over the last six months. That work includes a proposed revision to the city’s panhandling ordinance, which the council will begin considering at its April 4 meeting.

The council also passed a resolution establishing a search committee for a new city administrator. The committee will bring a recommendation to the council at its April 19 meeting on an interim administrator, who will assume responsibilities when current city administrator Roger Fraser departs at the end of April.

The city’s IT director, Dan Rainey, was on hand to receive a Digital Cities award recognizing the city’s efforts to improve services through digital technology. Fraser mentioned during his communications time that the council’s meetings are now being streamed live over the Internet: CTN Channel 16 Live. [Full Story]

At its March 21, 2011 meeting, the Ann Arbor city council scheduled the second and final votes on its medical marijuana business licensing scheme and its medical marijuana zoning ordinance for its April 19, 2011 meeting. The moratorium on the use of property in the city as a medical marijuana dispensary or a medical marijuana cultivation facility was extended from March 31, 2011 to June 30, 2011.

This brief was filed from the boardroom in the Washtenaw County administration building, where the council is meeting due to renovations in the city hall building. A more detailed report will follow: [link] [Full Story]

At its March 21, 2011 meeting, the Ann Arbor city council finally took its first vote on a set of licensing requirements for medical marijuana businesses. All new ordinances require a second and final vote by the city council after a formal public hearing. The council had first considered the licensing scheme at its Dec. 6, 2010 meeting.

The council undertook several amendments to the licensing proposal at three of its meetings over the last three months: on Jan. 3, Feb. 7 and March 7. It also amended the ordinance on March 21, most notably to include a requirement that dispensaries maintain records for 180 days one year using unique alpha-numeric identifiers for patients and caregivers, different from the Michigan Dept. of Public Health registry numbers.

At its Oct. 18, 2010 meeting, the  council gave its initial approval to a set of zoning regulations for medical marijuana businesses, but it has not yet given its final approval to those regulations. The council’s strategy is to bring licensing and zoning forward at the same time for a final vote.

The context for development of zoning regulations was set at the council’s Aug. 5, 2010 meeting, when councilmembers voted to impose a moratorium on the use of property in the city for medical marijuana dispensaries or cultivation facilities, and directed its planning commission to develop zoning regulations for medical marijuana businesses. Subsequently, the city attorney’s office also began working on a licensing system.

The moratorium on using additional facilities in the city as medical marijuana dispensaries and cultivation facilities – first enacted on Aug. 5, 2010 and subsequently extended – was extended a second time by the council at its Jan. 18 meeting to go through March 31, 2011. When this brief was filed, the council had taken a recess and had not yet voted on extending the moratorium.

This brief was filed from the boardroom in the Washtenaw County administration building, where the council is meeting due to renovations in the city hall building. A more detailed report will follow. [Full Story]

Ann Arbor city council meeting (March 7, 2011) Part 2: At its first meeting in March, the city council undertook extensive amendments to a licensing proposal for medical marijuana businesses that it began considering for the first time at its Dec. 6, 2010 meeting. However, at the early March meeting, the council ultimately decided to postpone again its initial vote on the licensing proposal, which will eventually require two votes by the council, if it is to be enacted.

The city council will again take up the issue of licenses for medical marijuana businesses at its Monday, March 21 meeting.

The council had previously heavily amended the licensing proposal at its Jan. 3, 2011 meeting as well as at its Feb. 7 meeting. The amendments made on March 7 put the council possibly in a position to make any final amendments, and to take its initial vote on the licensing proposal at its March 21 meeting. [.pdf of medical marijuana licensing proposal after March 7 amendments – "clean" version] [.pdf showing amendments undertaken at the March 7 meeting – "marked up" version]

Also at the March 21 meeting, the council is expected to extend the moratorium on use of property within the city for medical marijuana businesses – first enacted at the council’s Aug. 5, 2010 meeting. The initial moratorium was supposed to last only 120 days, but was subsequently extended at the council’s Nov. 15, 2010 meeting for another 60 days, and again at its Feb. 7, 2011 meeting an additional 60 days, until March 31, 2011. The council wants to coordinate the second and final vote on a medical marijuana zoning ordinance, which it passed initially on Oct. 18, 2010, with the vote on the licensing ordinance.

An additional medical-marijuana-related item, postponed from the March 7 meeting until March 21, is a proposal to enact a clear non-disclosure policy for information that the city might gather from people who have registered with the state of Michigan as medical marijuana patients and caregivers under Michigan’s voter-approved Michigan Medical Marijuana Act.

Part 1 of the March 7, 2011 city council meeting report – which deals with the non-medical marijuana issues on the agenda – was previously published as a separate article. [Full Story]

At its March 7, 2011 meeting, the Ann Arbor city council considered but delayed voting on a resolution that would have set forth a policy on non-disclosure of certain information, like names and birth dates for patients and caregivers, that might be collected in the course of the zoning and licensing process for medical marijuana businesses.

The resolution was introduced by Sabra Briere (Ward 1) in the context of the council’s current work on zoning and licensing ordinances for medical marijuana businesses – legislation which has not yet been given final approval by the council. [.pdf of original draft resolution]

This brief was filed from the boardroom in the Washtenaw County administration building, where the council is meeting due to renovations in the city hall building. A more detailed report will follow: [link] [Full Story]

At its March 7, 2011 meeting, the Ann Arbor city council again delayed consideration of a set of licensing requirements for medical marijuana businesses. The council has now delayed its initial vote on the licensing requirements at five meetings, dating back to Dec. 6, 2010. The postponement was until March 21, 2011, the council’s next meeting.

At the March 7 meeting, the council undertook several additional amendments to the licensing proposal. But ultimately they elected to postpone in the face of several unresolved issues. Christopher Taylor (Ward 3) was the sole vote against the postponement to March 21.

The vote that was again postponed is the first of two votes the council must take on any new ordinance it enacts. At its meetings over the last few months, the council has heard extensive public commentary on medical marijuana, but that commentary does not constitute a formal public hearing, which will be held at the same meeting when the council votes on final approval of the licensing, provided it eventually gives initial approval to the licensing system.

At its Oct. 18, 2010 meeting, the  council gave its initial approval to a set of zoning regulations for medical marijuana businesses, but it has not yet given its final approval to those regulations. The council’s strategy is to bring licensing and zoning forward at the same time for a final vote.

The context for development of zoning regulations was set at the council’s Aug. 5, 2010 meeting, when councilmembers voted to impose a moratorium on the use of property in the city for medical marijuana dispensaries or cultivation facilities, and directed its planning commission to develop zoning regulations for medical marijuana businesses. Subsequently, the city attorney’s office also began working on a licensing system.

At its Jan. 3 meeting, the council heavily amended the licensing proposal, removing home occupation businesses from licensing requirements. At its Jan. 18 meeting, the council was poised to undertake further amendments to the licensing proposal, including many that concerned limiting the amount of information that is required to be divulged by those associated with license applications. However, the council did not amend the proposal further at that meeting. The council undertook additional amendments to the licensing proposal at its Feb. 7, 2011 meeting.

The moratorium on additional facilities in the city to be used as medical marijuana dispensaries and cultivation facilities was extended by the council at its Jan. 18 meeting to go through March 31, 2011. Extension of the moratorium will be addressed at the next council meeting on March 21.

This brief was filed from the boardroom in the Washtenaw County administration building, where the council is meeting due to renovations in the city hall building. A more detailed report will follow: [link] [Full Story]

Ann Arbor city council meeting (Feb. 22, 2011): In a meeting that wrapped up in less than two hours, the council handled several agenda items, including: an affordable housing site plan from Avalon Housing at 1500 Pauline; authorization of increased golf fees; reappointment of the golf task force; an appointment to the environmental commission; and the purchase of new police cars.

However the council chose to delay some of its business due to the absences of four members – Carsten Hohnke (Ward 5), Marcia Higgins (Ward 4), Christopher Taylor (Ward 3) and Stephen Rapundalo (Ward 2). By way of explanation for the four absences, mayor John Hieftje offered the fact that it’s vacation week for the Ann Arbor Public Schools.

The delayed business included a set of proposed licensing rules for medical marijuana businesses. The council heard from advocates of medical marijuana during public commentary at the start of the meeting, but when they reached the item on their agenda, the seven councilmembers who attended the meeting decided to postpone their vote on the issue without deliberating on or amending the licensing proposal. It marks the fifth time the council has decided not to take an initial vote on the licensing, dating back to Dec. 6, 2010. The council must take two votes on any new ordinance.

Also delayed were two easements – one for pedestrian access and one for public utilities – from Glacier Hills Inc., a retirement community. Under the city charter, eight votes are required for approval of such easements. Rather than have the easements fail on a 7-0 vote, the council chose instead to postpone action.

During his communications, city administrator Roger Fraser gave the council a broad-strokes overview of potential impacts that Gov. Rick Snyder’s proposed state budget could have on the city of Ann Arbor. In a roughly $80 million general fund city budget, the $2.4 million projected shortfall – on which current reduction targets are based – could increase by $0.5 million (to $2.9 million) or by $1.7 million (to $4.1 million), depending on how state revenue sharing and state fire protection grants are handled in the state budget. The state’s fiscal year begins on Oct. 1, but the city of Ann Arbor must finalize its own budget in May, for a fiscal year starting July 1.

During public commentary, the council heard a suggestion that Ann Arbor follow the example of Ypsilanti and add parking lots to its snow-clearing ordinance. And during its communications time, the council scrutinized the city’s snow removal performance in connection with a recent storm. Snow began falling the previous Sunday afternoon, accumulating to at least six inches – and more, in many areas – by early Monday morning, when the snow stopped. Highlights from city administrator Roger Fraser’s report on the snow removal effort included the fact that two of the city’s 14 large plowing vehicles were down for maintenance and the fact that forecasted amounts of snow were much lower than what actually fell.

During public commentary, the city also heard from Douglas Smith regarding a Freedom of Information Act appeal that involved redaction of police reports. Over the last several months, Smith has addressed the University of Michigan regents and the Washtenaw County board of commissioners on a range of specific cases that all relate to the general issue of civilian oversight of police power. [Full Story]

At its Feb. 22, 2011 meeting, the Ann Arbor city council again delayed its consideration of a set of licensing requirements for medical marijuana businesses. The council has now delayed its initial vote on the licensing requirements at five meetings, dating back to Dec. 6, 2010. The postponement was until March 7, 2011, the council’s next meeting.

The vote that was again postponed is the first of two votes the council must take on any new ordinance it enacts. At its meetings over the last few months, the council has heard extensive public commentary on medical marijuana, but that commentary does not constitute a formal public hearing, which will be held at the same meeting when the council votes on final approval of the licensing, provided it eventually gives initial approval to the licensing system.

At its Oct. 18, 2010 meeting, the  council gave its initial approval to a set of zoning regulations for medical marijuana businesses, but it has not yet given its final approval to those regulations. The council’s strategy is to bring licensing and zoning forward at the same time for a final vote.

The context for development of zoning regulations was set at the council’s Aug. 5, 2010 meeting, when councilmembers voted to impose a moratorium on the use of property in the city for medical marijuana dispensaries or cultivation facilities and directed its planning commission to develop zoning regulations for medical marijuana businesses. Subsequently, the city attorney’s office also began working on a licensing system.

At its Jan. 3 meeting, the council heavily amended the licensing proposal. At its Jan. 18 meeting, the council was poised to undertake further amendments to the licensing proposal, including many that concerned limiting the amount of information that is required to be divulged by those associated with license applications. However, the council did not amend the proposal further at that meeting. The council undertook additional amendments to the licensing proposal at its Feb. 7, 2011 meeting.

The moratorium on additional facilities in the city to be used as medical marijuana dispensaries and cultivation facilities was extended by the council at its Jan. 18 meeting to go through March 31, 2011.

This brief was filed from the boardroom in the Washtenaw County administration building, where the council is meeting due to renovations in the city hall building. A more detailed report will follow: [link] [Full Story]

The Michigan Medical Marihuana Act (old-tyme spelling courtesy of the Michigan legislature) has been in effect since December 2008, but it wasn’t until last summer that seemingly every stationary object and alternative newspaper in Michigan was plastered with pot-leaf emblazoned ads for dispensaries, compassion centers, and doctors willing to recommend medical marijuana.

As the business columnist for the Current, I dropped in on one such business, hoping to sit down with the good doctor and get a sense of just how all this worked. To ensure accuracy, I always record my interviews, something the subjects of those interviews usually appreciate: No one wants to be misquoted.

I was shocked when this doctor declined to be recorded. In four years of writing that column no one had ever asked that I not record: burlesque dancers, roadkill-eating geeks, foreign-born restaurateurs with unpopular social stances, even those involved in actual criminal enterprises had all been fine with a recorded interview.

But this medical doctor didn’t want me to record her talking about her medical practice, nor would she tell me her first name – although LinkedIn outed her the next day when it showed me her picture and suggested we connect as business contacts. [Full Story]

Ann Arbor City Council meeting (Jan. 18, 2011): At its most recent meeting, scheduled a day after the Martin Luther King Jr. holiday, the council was due to consider, for a second time, a first-reading of a licensing scheme for medical marijuana businesses that has been put forward by city attorney Stephen Postema.

After amending the licensing proposal heavily at its Jan. 3, 2011 meeting, the council had decided to postpone the measure until Tuesday’s meeting. After a relatively brief attempt to undertake further amendments, the council decided to postpone consideration again – until its Feb. 7, 2011 meeting. They also voted to extend the moratorium on opening additional marijuana dispensaries and cultivation facilities through March 31, 2011.

Not relatively brief were Christopher Taylor’s (Ward 3) opening remarks about a resolution that would have authorized the Ann Arbor Downtown Development Authority to design a plan to develop city-owned downtown parking lots.

In the end, the council decided to postpone consideration of the DDA parcel-by-parcel proposal – on a 6-4 vote, with some of those voting against postponement looking to vote it down. The effect of the postponement was likely similar to what outright rejection would have been. The clear message was this: Substantial revision to the proposal would be required to gain the kind of overwhelming support the measure will likely need to persuade DDA board members that the council is in agreement with the proposal.

Another piece of major business, which passed quietly, was approval of an overhaul of the ordinance language defining the city’s retirement system. An additional tax abatement for Edwards Brothers received a lot of discussion, but was ultimately approved.

The city also accepted a grant from the Home Depot Foundation for sustainability work, that earned praise for the city’s environmental coordinator, Matt Naud. In other city environmental action, David Stead was reappointed to the city’s environmental commission, and Steve Bean’s decision was announced that he had not sought reappointment to that commission, after a long tenure.

Th site plan for Lake Trust Credit Union at the southeast corner of West Liberty and West Stadium Boulevard was approved. And two additional parcels were added to the land that is protected by the city’s greenbelt program.

As budget season looms, Stephen Rapundalo (Ward 2), who serves on both the city council’s budget committee and the labor and administration committee, gave a status update on the city’s negotiations with its unions. [Full Story]