Sumpter Twp. turns dispensary ordinances over to committee

By Rosemary K. Otzman
Independent Editor
After an hour and a half more of public discussion on the details of two proposed new ordinances concerning Medical Marijuana Provisionary Centers, Sumpter Township officials decided to have a smaller committee work on the project from here.
A special workshop was held Aug. 28 where the township board and planning commission discussed the details of the ordinances and what changes should be made before approval.
The general law ordinance has had its first reading before the township board and the public hearing on the zoning ordinance is set for 7 p.m., Sept. 11 before the planning commission.
Another ordinance, referred to as the Grow Ordinance, was passed by the Sumpter board in 2011 after the state passed a medical marijuana law.
The two new ordinances pending are to handle provisionary centers that will be turned over to state municipalities to manage if the State approves pending legislation.
Sumpter Police Det. John Toth, who has been dealing with the marijuana growers since the 2011 state legislation was passed, addressed the joint workshop, explaining why the township needs additional rules.
He said even with the Grow Ordinance in place to assure safe electrical wiring for growing operations and other safeguards, people still are operating outside the regulations.
“The day of covert operations is over,” Det. Toth said. “Now, we knock on the door.”
He said now they will be having dispensaries and there is no regulation.
“Sumpter Township is looking at a general law and zoning to regulate and control how it is done,” Det. Toth said.
“Currently there is one dispensary in Sumpter Township, currently not in operation because of a structural problem with the building,” Toth said.
Toth said there is no marijuana there now and the owner says it’s a collective.
He said to date he has not been denied access, but could be in the future. The new ordinances require cameras inside the dispensary so police could review the video system if there is a problem. If they didn’t have the cameras, the township could impose a huge fine.
He said the township’s proposed ordinances mirror a new state act, which is now moving forward.
Toth said marijuana dealing in the township has resulted in a shooting and robbery, break-ins of unlicensed grows, grown people going after kids who broke into unlicensed grows.
“Just recently we followed a tip of an unlicensed grow on a property that recently had changed hands and had no C of O (certificate of occupancy),” Toth said. He said it was an elaborate grow and it was not fenced as required by the state and not secured, except for a guard sitting in a makeshift tent smoking a joint.
He said police tried to cut down the plants, but they were as big as trees and they had to get the DPW to bring chainsaws. Police loaded up the marijuana in a Ford Ranger with a cab and they pushed it in to make it fit. There was a lot of marijuana.
Toth said once they got it back to the police station it could be smelled as far as the senior center and the credit union.
Township attorney Rob Young said he and Toth have gotten questions from the planning commission and residents asking how they came up with the ordinances.
“It’s not from me or Toth. It came from the House Bill. We took it … and localized it,” Young said.
“Took out some, added some. At the last planning commission meeting, the planning commission wanted to raise some issues … distances between dispensaries and other residences, smell as relates to complaints, background concerns,” Young said.
Young said they are continuing to build on the ordinances and got more information at that evening’s meeting. He said it’s a complicated issue and they want to see if there’s anything they’re missing.
“This was forced upon us when the state passed the Medical Marijuana Act in 2011 – and it’s up to you if you think that was a good thing. The Grow Ordinance was passed in Sumpter Township in 2011 and it’s worked pretty well since,” Young said.
He said if people have a complaint on a marijuana grow, they can’t call the county because the county won’t come. The county won’t be prosecuting any more for marijuana, but it’s still a federal offense.
“We’re left with trying to get ahold of a difficult issue… We think we’re getting close to solving the problems Det. Toth raised on dispensaries,” Young said.
Young said they asked the planner and commission to take a look at the ordinance. They don’t want it in some areas, by schools or churches, and they’re trying to come up with zoning ordinances on where these places can go.
The board wants the planning commission to determine where they think it should be zoned for these places,” Young said. “The board deals with the enabling act.”
“Also, what is this building going to look like?” Toth asked.
Commissioner Matthew Oddy said the reason he asked for this workshop is because the planning commission ran into some inconsistencies between the three ordinances and they wanted to get them consistent.
He said it seemed like the township was trying to legalize a dispensary already almost right across the street from the medical building.
“We needed to talk to the board or this could go on for 12 months…” Oddy said.
The Grower/Caregiver ordinance says marijuana can only be dispensed from a home, so that prohibits dispensaries, Oddy pointed out.
“It’s hidden and secret and if you’re not a patient you can’t come in,” Oddy said, suggesting maybe the township’s business licenses could be used to keep track of the dispensaries.
Acting Supervisor John Morgan asked about growing marijuana.
Toth explained: The individual is his own caregiver and can have 12 plants. Husband and wife can have 24 plants.
“There’s nothing we can do. Anything more than that, we can license,” Toth said.
“Can somebody grow for a dispensary in Ypsilanti?” Morgan asked.
“No,” said attorney Young, explaining a person needs a Medical Marijuana card and he doesn’t know of anyone who has ever been turned down.
Young explained: “Mary might want to help five others and grows 12 plants each for them. She can only have 2.5 ounces at any one time for each. She’s in charge of growing, cultivating, putting it into bags, and taking care of the patients.
“Everyone can have 12 plants. The Marys of the world want to take care of their patients. Collectively they have a provisionary center. That’s what we’re trying to regulate,” Young said.
He said the state and county are not interested in regulating the centers.
“Sumpter does background checks and Mary tells us who her patients are. Police are no longer are sneaking behind trees. If there’s a problem, Det. Toth can come in and check,” Young said.
Young said if there are odors, Toth can tell Mary to put in a filter. The building she’s operating in has to be up to code. If she doesn’t comply with the rules, Sumpter can write tickets, fine her, and if it persists could revoke her dispensary license.
Young said the business is profitable and Mary wants to protect her business, so she would comply. Also, Mary may tell police about an illegal dispensary.
“What gives me the right to shut it down is this ordinance,” Young said.
“The grow, John, is already there,” he said to Morgan.
Morgan asked Toth about the tip he got and if he could have shut down the operation without an ordinance.
“There was not one thing that met Sumpter Township or state rules,” Toth said, noting the required six-foot fence in cement was knee-high chicken wire, and the card was registered to a New Boston address. Also, they were illegally occupying a house with no C of O.
“The more cards our data base collects” the more of a handle we have on the township operations, Toth said.
Young said the state hasn’t passed the new law yet and Sumpter plans to pass its new laws along with the state. He said Sumpter says the dispensaries are a business and Sumpter will treat them like businesses.
“But, we have no control over Mary,” Young said.
Young said as far as the medical building goes, that was sold but the deed hasn’t been finalized yet because of a problem with Sumpter Road right of way and the county. When it was sold, the township put a restriction on it that it would not be for medical marijuana, Young said.
Toth said the only way to say a medical marijuana card is valid is to have it in hand and write down the numbers. Because it deals with a person’s health, most everything is secret, not like all the transparency with the Liquor Control Commission and alcohol sales.
Toth said actually they should be referring to provisionary centers rather than dispensaries. He said if you come in with a card and say you want to buy marijuana, that’s a dispensary.
A provisionary center is a collective and that’s what Sumpter wants to oversee, Toth said.
“I would hate to see a dispensary in Sumpter Township,” Toth said.
As far as where they would allow provisionary centers, planning consultant Laura Kreps said they could use an overlay district that allows them in certain areas no matter the underlying zoning. Or, they could only be allowed in Commercial or Industrial zoning districts.
The proposed ordinances have laid out five areas, but only three provisionary centers will be allowed totally.
“I read the drafts and we’re not far from what the planners want,” said Trustee Peggy Morgan. “I don’t think we’re far from being a done deal … We could have to change it in a few months, because laws change… The big thing is where and how many?”
“Every time there’s a meeting, more ideas come up that have to be explored,” Young said.
Acting Supervisor Morgan suggested a smaller group work out the details that are left and present them to the board and planning commission for final action. He suggested that Young, Toth, Kreps, and representatives of the commission and board sit down together to work it out.