[420 Girl]

ROYAL OAK, MICHIGAN — Plan Commission members interviewed by the Eccentric disagree with Police Chief Chris Jahnke's recommendation to prohibit zoning for medical marijuana dispensaries.

Michigan voters approved the use of medical marijuana in November 2008. The nine-member Plan Commission is considering allowing caregivers to grow up to 60 plants for five patients in buildings in general business districts, defined as being along the Woodward corridor.

Jahnke, speaking at the December Plan Commission meeting, made his
recommendation based on his belief that federal law banning medical marijuana dispensaries overrides state law. Frequent attempts to reach Jahnke last week were unsuccessful.

The Plan Commission postponed its vote until the February meeting after City Attorney Dave Gillam returns from a State Bar of Michigan Public Corporation Winter Seminar where medical marijuana dispensary regulations will be reviewed.

Plan Commission member Dan Godek said he doesn't anticipate changing his opinion that medical marijuana dispensaries should be zoned in general business districts.

“I think voters have spoken in the state,” Godek said. “Medical marijuana is legalized. Let's provide that for people who need that. I'm all for it.”
In making his recommendation, Jahnke cited Livonia as a city that recently passed an ordinance prohibiting medical marijuana dispensaries. Godek and two other Plan Commission members interviewed — Mike Andrzejak and Clyde Esbri — cited potential legal battles if the city banned medical marijuana dispensaries.

“Communities are going to say ‘No, that's not for us,'” Godek said. “If Royal Oak falls in line (with prohibiting medical marijuana dispensaries), there are good chances the city of Royal Oak will be sued.”
Esbri was more direct, saying that if Royal Oak were to prohibit medical marijuana dispensaries, the city is “going to get sued and lose.”
Andrzejak, who is also a city commissioner, said three options may be considered:

•Not place any restrictions, to where a medical marijuana caregiver could “operate the business out of your house, basically.”

•Regulate medical marijuana dispensaries through zoning, or

•Place a complete prohibition on medical marijuana dispensaries.
Andrzejak said he voted for the medical marijuana ballot proposal and said “personally, I lean towards regulating this by zoning.”

“I don't want to ignore 72 percent of Michigan residents who voted for the law,” Andrzejak said. “The planning department's recommendation is to treat this as a ‘pharmacy.' I am not taking a position until I listen to the alternatives presented and the rationale behind it.”

A vote to ban zoning for medical marijuana dispensaries could not take place before public hearings were held on a proposed ban, Gillam said.
He said municipalities who prohibit medical marijuana dispensaries would end up in legal battles.

“Eventually, some community — whether it's Royal Oak or Livonia, with language in place that prohibits (medical marijuana dispensaries) — I'm sure is going to be challenged legally,” Gillam said. “I don't think the police position is unexpected. Here in Royal Oak, or somewhere else, any issue police have to deal with, they are dealing with less resources than they used to have.”


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