The County Press

Lapeer officials to discuss recreational marijuana

Public comment welcome at Monday meeting



LAPEER — The majority of Lapeer County and Michigan voters on Nov. 6 approved recreational marijuana in the state, though dozens of municipalities have since opted out of pot sales in their communities.

The Lapeer City Commission and interested citizens on Monday (Jan. 7) at 6:30 p.m. will hear a presentation by Lapeer’s contracted planning consultants — Rowe Professional Services — on the topic of recreational marijuana. The City of Lapeer is in a unique position. It is the only community in Lapeer County that opted in to allow medical marijuana businesses to operate in the city.

The Commission has approved provisional licenses to permit six medical marijuana dispensaries to open in the city of Lapeer. Applicants still await State of Michigan approval.

The presentation will outline the status of the Michigan Regulation and Taxation of Marijuana Act that took effect Dec. 6 and what municipalities must do following passage of Proposal 1 that legalizes the possession, use and cultivation of marijuana products by individuals who are 21 years of age and older.

According to the Michigan Dept. of Licensing and Regulatory Affairs (LARA), communities will be automatically opted in if officials don’t take action to opt out. In order to opt-out, local officials must adopt an ordinance specifically stating the community’s opposition to recreational marijuana sales within the jurisdiction.

Many communities in neighboring counties, including Algonac, Armada, Brown City, Marlette, Millington, Richmond, St. Clair and Tuscola Township have opted out of recreational marijuana. In total, according to LARA, there are approximately 80 communities that have banned or are considering a ban of recreational marijuana.

The new law allows for residents to initiate a referendum process to override the decision by local officials to opt in or opt out of allowing recreational marijuana businesses within their jurisdiction.

The law also states if the Lapeer City Commission, or other officials in Lapeer County, adopts an ordinance to regulate recreational marijuana establishments, it cannot be “unreasonably impractical.” For example, if municipalities place a limit on the number of facilities they allow, they must have a process in place to evaluate requests that are “best suited to operate in compliance.”

The City of Lapeer has been sued by five individuals who applied for, and were denied, one of the six medical marijuana dispensary licenses. The individuals are challenging the merit scoring process used to determine the top point getters who were awarded the dispensary licenses. A consultation with attorneys representing the disgruntled applicants will be held Tuesday before Circuit Court Judge Nick Holowka.

According to LARA, for the first two years following the passage of Proposal 1 only businesses that have been awarded a medical marijuana dispensary license will be allowed to apply to sell recreational marijuana.

The new recreational marijuana law allows for marijuana “microbusinesses.” These licensed establishments would allow for growing (150 plants), processing, packaging, and the retail sale of these products at the same location. This would be a new “type of use” not mentioned in the medical marijuana provisions.

According to provisions in the new law, its allows a maximum of 10 ounces of marijuana to be stored onsite at an establishment selling recreational weed, and a maximum of 2.5 ounces to be carried by people. The law allows a person to cultivate up to 12 plants at one location. Larger amounts of recreational marijuana are allowed to be stored onsite than medical marijuana.

Local governments (including county) that choose to allow recreational marijuana businesses would receive a cut of the tax revenue from recreational marijuana sales. Officials with the Michigan Bureau of Marijuana Regulation have until December 2019 to write the rules and start accepting license applications.

“Monday night is an informational night for the Commission to get brought up to speed on the law and what it means to Lapeer,” said Lapeer Mayor Bill Sprague. “It will likely result in discussion that night among the Commission.”

The Lapeer City Commission meets in chambers on the second floor of City Hall, located at Calhoun and West Nepessing streets. There are two public comment periods at Commission meetings, held the first and third Monday of the month.