For the second straight meeting, the Oxford Village Council last week held off on making a decision as to whether marijuana-related businesses would be prohibited or allowed in light of the drug’s Dec. 6 legalization.
“The good news is that there’s no hurry because nobody can open one or even apply yet to open one in your community because the state hasn’t set up that (regulatory) system,” said village attorney Bob Davis.
Council voted 4-0 to set the issue aside until its Jan. 8 meeting as officials continue to gather information.
“I think there’s still a lot of unknowns,” said village President Joe Frost.
“I just feel as if we can’t govern anything that’s not really been regulated,” said Councilwoman Kate Logan.
“It looks as though the Michigan Marijuana Act is not yet, in my opinion, fully formed. It has vagueness. It has ambiguity,” said Councilman Dave Bailey.
“You’re going to continue to get a rollout of information on this,” Davis noted. “I don’t think the state had its finest moment when they made this (law) effective Dec. 6.”
Michigan voters approved Proposal 18-1, the legalization of recreational marijuana, on Nov. 6. A total of 2,356,422 residents voted ‘yes,’ while 1,859,675 voted ‘no.’ Village residents voted 904 to 686 to approve it.
Under the new law, municipalities are allowed to ban or restrict six types of marijuana businesses. They are grower, safety compliance facility, processor, microbusiness, retailer and secure transporter.
Davis explained to council that the state has one year “to come up with . . . regulations to govern how people will apply to have one or more of these types of establishments.”
“The state has not, as of this date, put forth those regulations,” he said. “They’re due Dec. 6, 2019. I suggest to you when the state has a year to do something, they’ll take the whole year probably to do it.”
If the village wishes to prohibit marijuana business, Davis reminded officials they must take action and enact an ordinance doing so.
“I still don’t have an answer as to when you have to do that, but my suggestion is if that is your choice, you do that as quickly as possible through your ordinance process,” he said.
Davis noted, “A lot of communities, including those around you, have taken action to prohibit (marijuana businesses).”
At its Dec. 12 meeting, the Oxford Township Board voted 7-0 to authorize its attorney, Gary Rentrop, to provide a draft ordinance to prohibit recreational marijuana establishments from locating within the township. There was no discussion among officials preceding their vote.
A first reading before the township board is scheduled for the Wednesday, Jan. 9 meeting at 6:30 p.m.
Township voters, including those in the village, approved legalization 5,625 to 4,651.
If the village chooses to allow them, Davis told council it will be able to regulate the time, place and manner of operation for marijuana establishments, place reasonable restrictions on public signage and prevent them from being located within a certain number of feet from a public or private K-12 school.
State law requires the minimum distance to be 1,000 feet unless a municipality adopts an ordinance reducing it.
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