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Mount Clemens introduces ordinance limiting medical-marijuana caregiver operations to residences
Summary
Commissioners voted to introduce a medical-marijuana caregiver facility ordinance that would limit caregiver operations to residential districts, cap caregivers at two per residence and require principal-residence occupancy; the measure passed first reading amid resident concerns and one commissioner’s opposition.
The Mount Clemens City Commission on April 5 introduced and approved at first reading a medical-marijuana caregiver facility ordinance that would restrict caregiver operations to residential districts, allow no more than two caregivers per residence and require those caregivers to use the property as their principal residence.
City Manager Johnson told the commission the ordinance follows a moratorium imposed last November and reflects a recent Michigan Supreme Court decision allowing municipalities to regulate caregiver operations. “You’ll recall, that we passed a moratorium on the issuance of any permits… after learning that we could actually, regulate them to an extent that we previously thought not possible,” Johnson said, noting a Supreme Court ruling cited in the staff report.
City Attorney (Mister Murray) said the ordinance is intended in part to prevent large cooperative grows in industrial or commercial buildings, a problem other communities have experienced. He described a cap that permits two caregivers per single-family residence and said it must be their principal residence.
Several commissioners questioned how the city would enforce the rule, with one commissioner asking whether enforcement would rely primarily on neighbor complaints and permit review. “As the actual regulation, I would presume that the regulation will occur… through complaints by neighbors,” Murray said.
Residents used public comment to raise objections and legal concerns. Patrick Abaduto said the draft contains contradictions with the 2008 Michigan Medical Marihuana Act and expressed concern about inspections and treating caregivers like businesses. “There’s actually a lot of contradictions over what the 2008 MMMA law was and what this ordinance is proposing,” Abaduto said.
Another speaker, David (176 Clinton Street), opposed a reduction in caregiver counts compared with prior public votes and questioned whether the city should cap caregivers.
Commissioner Campbell said his personal experience as a schoolteacher motivated his opposition to marijuana-related policies: “I will never have anything to do with marijuana,” he said during discussion. On the roll call vote for introduction and first reading, the ordinance passed; the transcript records Voorhees voted reluctantly in favor and Campbell voted no.
The commission set April 19 as the date for the second reading and possible adoption. Staff noted enforcement would rely on the community-development permit process and neighbor complaints and that additional ordinance language may be refined before adoption.
