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Wednesday, February 15, 2017

Appealing The Board of Zoning Appeals - Medical Marijuana Caregiver Centers in Detroit

By Richard C. Clement - Marijuana Policy Analyst



      Medical Marijuana Business owners who have been denied by the City of Detroit Board of Zoning Appeals are strongly encouraged to go to the next step in the process at the Wayne County Circuit Court. The BZA process has exposed faulty data and overly strict guidelines regarding Caregiver Centers in the City.  Variances have been denied owners who have businesses next to buildings that are abandoned and/or owe taxes to the City because, the land use is defined as a church or religious institution. Additionally, the Drug Free Zone zoning regulations are in conflict of federal law at 500 feet. Currently, only one out of 240 business that have gone through the process of becoming a Caregiver Center has been approved.
Website: Active Count Detroit Medical Marijuana Website
Website:  State of Michigan House of Representatives

Most of the people in opposition to the Marijuana business do not live in the neighborhood where the facilities are located. Some of them live as far at 10 miles away and have the nerve to complain about the traffic. The rigidness of the ordinance allows BZA board members to apply criteria that is well outside the bounds of common sense and reality.

The majority of them are in the approval process or, shut down by court order. To rectify this situation an resolution to opt into the current State law is required. Council President Pro Tempore George Cushingberry Jr. is aware of the situation and working on a new ordinance with Corporation Counsel Butch Hollowell to opt into the current state law to easing the situation and saving the taxpayers in legal fees.  The next option is that the owners and citizens draft a new ordinance for a vote in the next election which is August 8th, 2017. 

A people driven ordinance is the best way to go because the voters will have an actual voice in the process instead of special interests who devised the first ordinance. Things like business hours, drive through service and other things can be put into the local ordinance.  %25 of all revenue from Marijuana sales comes back to the community for investment into projects like Recreation Centers, Schools, and parks. 

Firefighters in Michigan will have their First Responder fund financed from the revenue of marijuana sales to fight Cancer caused by the hazardous working conditions of the job.


If you support this cause then we urge you to call your Detroit City Council members and ask them to support the change to the current Detroit Marijuana Zoning Ordinance or risk losing the revenue that comes from sales to other counties and cities in Michigan.

2 comments:

TE GOOD GUY said...

The United States Congress has supplemented the core offenses under the Controlled Substances Act (21 U.S.C. ' 841) with several additional offenses carrying increased maximum penalties, when the crimes are committed under certain specified circumstances. For example section 21 U.S.C.'860 provides that the penalties for manufacturing, distributing, and possessing with intent to distribute are doubled or tripled when the offense is committed within a specified distance of a school or other facility regularly used by children. Under Federal law the affected areas can include illegal federal drug sales on, or within one thousand feet of, real property comprising a public or private elementary, vocational, or secondary school or a public or private college, junior college, or university, or a playground, or housing facility owned by a public housing authority, or within 100 feet of a public or private youth center, public swimming pool, or video arcade facility.[4] 1000FT IS THE FEDERAL LAW, NOT 500FT

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