VBT will opt out of local marijuana businesses — for now

After discussion of state voters passing Proposal One on Nov. 6 and what it means to the township, the Van Buren Township Board of Trustees informally agreed that it wanted to opt out of having local marijuana businesses – for now.
After all the rules are laid out at the state level, township officials could look at opting in. Under the law, the township could opt in at any time.
At the work/study meeting of the township board on Nov. 13, Ron Akers, Director of Planning and Economic Development, presented options regarding recreational marijuana businesses in the township.
He gave board members lots of information, including the exact wording of the legislation and other things to consider.
Akers said if the board wishes to opt in, he recommends they resume the subcommittee from three years ago which was working on the marijuana issue, which included the attorney and Public Safety.
He also said they should consider placing a moratorium on the issuance of any approvals or licenses until the township develops regulations.
He said if the decision to opt out is made, then staff will prepare a required ordinance completely opting out of allowing marijuana establishments within the boundaries of the township.
He said, according to the law the state has up to 12 months from the effective date of the law (likely early December) to create the licensing system.
Akers pointed out on Nov. 6 in VBT the majority of township voters voted in favor of Proposal One: yes, 8,401 (62.8%) and no, 4,969 (37.2%).
He said opting out would only be for having marijuana businesses in the township and has no impact on the decriminalization elements of the law.
Akers went over the estimated revenue that would come to the township if it opted in. This would be based on how many dispensaries were open in the state, and he estimated that as from 450 to 600. He said the township could get $50,000 per facility. He said if the township wanted to issue five, it could cover those such as a gas station that wanted to sell recreational marijuana.
Part of the state money is for road funds and, Akers said, “Even if we opt out, the road funds will be spread across the whole state.”
Supervisor Kevin McNamara said the problem is the township doesn’t know when it takes effect and when they have to have their opt-out ordinance passed. He noted it takes two readings to pass an ordinance and the law could take effect ten days after the election is certified.
If a municipality doesn’t pass the opt-out ordinance, then it officially opts in.
He said if the ordinance needs to be passed at once, he may call the board in for a special meeting.
Trustee Kevin Martin said he thought it would be better to opt out and see what happens, rather than opt in.
“I’m 100% against marijuana and I voted against it,” Supervisor McNamara said. “But this thing passed two to one in the township and that’s something I’ve got to consider.”
“I don’t think there’s going to be as much money as expected,” said Treasurer Sharry Budd. She said 79% of the Colorado communities opted out. She said because the VBT voters voted to approve it, doesn’t necessarily mean they want a facility in the township.
“I would rather opt out,” Treasurer Budd said.
Clerk Leon Wright said his wife works in clinical therapy and so he has been shown both sides, including the good it can do.
“I voted against it and the township voted two to one,” Clerk Wright said. “No matter how you look at it, it’s two to one. We have to think about that. People are speaking and we say no.”
“We know the residents voted yes, but that doesn’t necessarily mean they want a facility in the township,” Budd said. “They are able to use it recreationally. We have two different questions. They wanted marijuana and that’s what they voted for.”
“I’m concerned about the effects of marijuana and your body,” said Trustee Sherry Frazier. “I think a neighboring community may opt in because of their financial concerns.”
Trustee Frazier said she didn’t want to say names, but people could say “Belleville” has facilities after, maybe, Sumpter would opt in.
“We need to educate the public on how to use it responsibly,” Frazier said. “Alcohol can ruin your life and you become an alcoholic. Also, marijuana can ruin your life.
“Sooner or later, we’ll opt in,” she said, comparing it to Prohibition. “It wasn’t even a close vote. Maybe young people went to the polls on that one issue,” Frazier said.
Clerk Wright said you can’t say “not in my backyard” because it’s got to be in somebody’s backyard.
Supervisor McNamara said Ypsilanti Township and Wayne opted in for medical marijuana and probably will opt in for recreational. He said when the VBT committee was looking at having medical marijuana facilities, the Public Safety Department didn’t like it because it would take more money to police it than it would bring in.
Trustee Martin said, “There’s no rush. We can opt out and do our due diligence, form a committee. It’s easier to opt out now.”
“Once you opt out, other places have the businesses,” Frazier said. “If we opt in, we’re in control, with our regulations.”
“If you opt out, and later want to opt in, I don’t think we’ll lose out because of our location on the freeway,” Akers said. He said this new law had made a niche area for attorneys wanting to help communities opt in or opt out.
Frazier said if the township opted in, it would have an ordinance and be in control. She said VBT could partner with the schools, mental health agencies, and teach on how marijuana could affect you.
She said she was shocked that the law is giving $22 million to a veterans’ organization and, “There must be something there that it’s helping.”
“PTSD,” Clerk Wright said.
“The oil can be life-saving,” Frazier said and Trustee Reggie Miller agreed, saying she has seen it.
“I want to be in control,” Frazier said.
“We’d be in control either way – opt in or opt out,” Trustee Miller said.
“There’s no rush to it,” Martin repeated. “The state hasn’t decided on the rules.” He noted marijuana is still a Schedule 1 narcotic in the federal government’s eyes.
“This is a huge decision for each and every one of us,” Miller said.
“This is a state mandate,” Martin said, noting the township can form its committee and study it. “We’re talking about recreational marijuana now.”
Akers said the state could release rules within a year and if the township opts in without regulations it might not work out well.
He said the township’s support for opting out and adopting regulations is a good plan.
“While it’s great to be first in a lot of things … one of the best ways to operate is to watch other communities make the mistakes,” Akers said. “If we permit it, we can’t do anything about it.”
“I wish we would have formed a committee in advance because we knew it would be on the ballot … and we have examples of others states,” Frazier said.
“Getting educated and getting the committee together is the first step,” Frazier said.
Clerk Wright agreed that they knew months ago it would be on the ballot and it would pass.
“It passed two to one and we don’t want it in our community,” Wright said. “We could have been looking at other states. We’ve got to start being proactive … Why not lead sometimes?”
“Is recreational marijuana going to supercede medical marijuana?” Martin asked and Matthew Best said the new law only covers the sales. Akers said they would look into it.
Martin asked if the township would have five facilities. “I want to make sure we do our due-diligence, so we understand.”
McNamara said it sounds like they are in favor of opting out, forming a committee and getting stories together so they’d be ready if in the future they want to opt in.
Trustee Paul White said his nephew died of fentanyl and, “I can’t vote for something that would decimate the community.”
He said if there were five facilities times $50,000 each that would bring in $250,000 a year. “That wouldn’t even run the supervisor’s office. This can’t be a question of finances … You have to look at the social benefits … You shouldn’t jeopardize our youth.”
“You’re jumping so far over …” said McNamara. “If we took a vote right now it would be 7-0 to opt out. But there is a considerable mandate.”
“Form the committee before we opt in or out, to find out what it means to the township,” Frazier said. “The committee should have people with open minds, with young people. Millennials think different than we do.”
McNamara said he asked three different attorneys how long the township had before they had to opt out and got three different answers. One lawyer said 30 days, one said you don’t have to do anything, and one said you have a year.
Wright said during Prohibition in the South they used battery acid to make alcohol. He said the underground market adds ingredients to the marijuana to make it more potent. He said you have to educate your kids.
“Let’s think about it hard, instead of just brushing it under the rug,” Wright said.
Miller wanted to know exactly what the job of the subcommittee would be.
“Research the facts and come back,” McNamara replied. “The reason we’re talking now is that if you don’t opt out in 30 days, it’s in. Adopting an ordinance takes two readings.”
When asked who was on the last committee on medical marijuana, Akers said he was on it, with Best, the township attorney, planner Patrick Sloan, Fire Marshal Dave McInally, Byron Kelley and Don Boynton of the planning commission, Police Lt. Charles Bazzy, and Police Chief Jason Wright.
“No young people,” Miller pointed out.
Frazier suggested putting it out to the community that the board wants residents to serve, but McNamara didn’t want it do it that way.
“I’ll call you when I decide how to do the committee,” he said, adding if you open it up you’re going to get extremists on both sides.
“I volunteer,” Miller said.
Frazier said the committee needed to be representative of the community.
“The residents are telling you yes, yes and yes again,” Wright said.
Best said every day, or at least twice a week, “We have people calling to site [facilities] in this community.” And, he said, these aren’t business people, but attorneys. “Consider opting out while we look at what the right thing to do is. You can always opt in… Just so we can give you guys all the information.”
“There’s no rush,” Frazier said.
“Thirty days,” said Treasurer Budd.
“I’m going to prepare paperwork to opt out and present it at the December meeting,” McNamara said.
“I’ll prepare a plan for a committee, but I won’t form it before I talk to you,” he said to the board. He invited them to send him their ideas.
Trustee White said a suggestion would be a doctor who has treated drug patients and Miller reminded him they weren’t dealing with medical marijuana.
“There are still a lot of questions,” said Budd. “I think it’s wise to wait. I don’t want to be the first guy jumping in this hole.”
News reports say the Village of Pinckney and the Troy City Council have opted out since the Nov. 6 election and the Monroe City Council voted to opt out the day before the election. Portage and Plainfield are in the process of opting out.