Local municipalities consider opting out of marijuana businesses

Although recreational marijuana is now legal in Michigan, many regulations will still govern its sale and use. Local governmental units are being encouraged to “opt-out” of allowing retail marijuana establishments in individual municipalities.

Just one week after a statewide vote on recreational marijuana passed by a 56-44 percent margin, Manchester Township led the way among Michigan municipalities in choosing to “opt-out” of allowing marijuana businesses to operate within its borders, by passing Ordinance No. 93.

The Ordinance, which is “to prohibit marijuana establishments within the boundaries of Manchester Township,” was adopted at the township’s Nov. 13 meeting and becomes effective Dec. 28.

On Dec. 6, recreational marijuana use officially became legal in Michigan. But marijuana won’t be commercially available for sail until probably early 2020, in part because the state must still put regulations in place and issue licenses for recreational sales.

The ballot proposal calls for the state’s department of Licensing and Regulatory Affairs (LARA) to take up to a year to develop the rules and regulations that will govern the recreational marijuana industry in the state before it begins accepting applications for recreational licenses.The state began granting medical marijuana licenses to businesses this summer and licensed medical pot businesses will have first dibs on recreational licenses for the first two years after full legalization.

However, according to the Michigan Municipal League, each community in Michigan is now required to decide if it is going to allow or prohibit state-licensed recreational marijuana establishments. The Village of Manchester adopted its opt-out ordinance, Ordinance 299, at its Dec. 3 meeting, and the effective date is Dec. 23.

Local wellness and drug-awareness groups are already planning to advocate to the remaining townships to adopt similar ordinances to keep marijuana establishments out of the community. “At our Nov. 27 Manchester Wellness Coalition meeting, the Coalition approved a resolution to issue a letter to the five local governments covered within the Coalition’s area – Village of Manchester, Manchester Township, Bridgewater Township, Freedom Township, and Sharon Township, stat(ing) the Coalition’s opposition to the establishment of marijuana businesses and dispensaries within these governments’ areas under the recently passed Proposal 1, and requesting governments to ‘opt out’ of Proposal 1 by passing an ordinance prohibiting the establishment of such businesses,” said Ray Berg, in an email dated Dec. 12. The Manchester Wellness Coalition is working in conjunction with SRSLY to help keep “unhealthy substances” out of the schools.

In part, the letter reads, “As you are aware, a major focus of the 5 Healthy Towns Foundation, The Manchester Wellness Coalition and The Manchester Community Schools has been to work with our youth in an ‘Avoid Unhealthy Substances’ program. A significant amount of time and financial resources have been invested to educate the public, especially our youth, on the hazards associated with the use of marijuana.

“The recent passage of Proposal 1 in the State of Michigan allowing recreational use, growing and sale of marijuana, even though it is still illegal federally, causes great concern on how this will affect the availability for our youth. Already 10% of students indicated in a (MiPHY) survey last spring that they had used marijuana in the last 30 days and 46% indicated it was easy to obtain … Teenage use of marijuana will have some affect on almost everyone.”

The Manchester Wellness Coalition also expressed its support and appreciation for the passage of Ordinance 299 that prohibits all marijuana establishments within the boundaries of the Village.

“Since all of our schools are located within the Village boundaries, this was a critical step in limiting availability,” Berg said.

In addressing the townships–Sharon, Bridgewater, and Freedom–who have not yet passed an opt-out ordinance, the MWC stated, “We are asking the township to pass an ordinance prohibiting all marijuana establishments … (although) the township may benefit from revenue for licenses that may to required for businesses growing, processing and selling marijuana, it is not clear what expenses may be required (e.g, the cost of one police officer is $160K per year). Once LARA has decided on the rules and regulations for recreational growing and sales of marijuana, the requirements of local governments will likely also be spelled out. To us, it seems like a wise choice to stand by and watch what happens in other areas (e.g. changes in graduation rates and property values). If all goes well over 5 years or so, the township could always consider rescinding the ordinance against marijuana establishments.”

Prior to the passage of Proposal 1 this fall, Sharon Township passed an ordinance in Nov. 2017, allowing medical-marijuana facilities within the township. It is likely the township will also need to pass an additional ordinance to either “opt-in” or “opt-out” of the new recreational marijuana laws.

Freedom Township had an opt-out ordinance on its agenda for its December meeting, according to Dale Weidmayer, Township Supervisor. Bridgewater Township also had the topic as a discussion item on its December 6 agenda.

Proposal 1 legalizing recreational marijuana passed in all five Manchester precincts in November. It passed in Sharon Township 555 yes to 504 no. It passed in Bridgewater Township 468 yes to 443 no. It passed in Freedom Township 452 yes to 405 no. It passed in Manchester Township 740 yes to 632 no. And it passed in the Village of Manchester 694 yes to 416 no.

For as little as $1 a month, you can keep Manchester-focused news coverage alive.

by Marsha Chartrand

Marsha Johnson Chartrand, a founder, writer, and copy editor with the Manchester Mirror, is a 50-year resident of Manchester. She has a long history of volunteer and community involvement.