Mount Clemens places moratorium on marijuana permits

By: Alex Szwarc | Mount Clemens - Clinton - Harrison Journal | Published November 17, 2020

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MOUNT CLEMENS — At the Nov. 16 Mount Clemens City Commission meeting, a resolution establishing a moratorium on issuing permits, approvals and/or certificates relating to any structures in any zoning district to cultivate marijuana as a patient caregiver, was approved.

It passed in a 6-1 vote, with City Commissioner Denise Mentzer voting no.

In November 2008, Michigan voters approved a ballot initiative legalizing medical marijuana and the Michigan Medical Marihuana Act. The act allows both patients and/or their caregivers to cultivate medical marijuana within an enclosed, locked facility.

A construction code act allows municipalities to adopt and enforce the state building code at the local level. Building permits are required when there is construction or alterations of a structure, and are designed to ensure public health, safety and welfare.

The Michigan Zoning Enabling Act provides city’s with statutory authority to regulate land use within the city through its zoning ordinance. Therefore, municipalities have the authority to require zoning permits and permit fees for the use of buildings and structures within its jurisdiction for marijuana cultivation.

Mount Clemens City Attorney Michael Murray said that regulation is necessary as the city has experienced numerous problems, including insufficient or improper electrical supplies, inadequate ventilation, mold, offensive odors, noise and health hazards associated with marijuana cultivation.

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