It is determined necessary for the health, safety and welfare of the City to adopt this chapter regulating the location and operation of "Medical Marijuana Dispensaries" due to the following factors:
(a) Outside the purview of the Michigan Medical Marijuana Act the possession and use of marijuana (a Schedule I Drug) in the State of Michigan remains a misdemeanor offense. Possession with intent to deliver, delivery or manufacture of marijuana, remain felonies.
(b) Marijuana is classified federally as a "Schedule I Drug" under the Controlled Substances Act and is illegal to possess, manufacture, distribute or dispense. Schedule I drugs, which include heroin and LSD, have a high potential for abuse.
(c) In May, 2001, the United States Supreme Court issued its decision in United States v. Oakland Buyers' Cooperative and Jeffery Jones holding that distribution of medical marijuana is illegal under the Federal Controlled Substances Act, 21 U.S.C. Section 841 ("CSA"), and there is no medical necessity defense allowed under federal law. |
(d) The location of and easy availability of "Medical Marijuana Dispensaries" in close proximity to homes, apartments, schools, churches, licensed day care centers and public parks give an impression of legitimacy to such uses and have adverse effects upon children, established family relations, property values and public safety.
(e) The Michigan Medical Marijuana Act states that registered "Primary Caregivers" may receive compensation for assisting "qualified patients" in the medical use of marijuana, making them a likely commercial activity.
(Ord. 001-10. Passed 3-15-10.)