Council continues marijuana biz ban

By James Hanlon
Leader Staff Writer
For the third time, Oxford Village Council extended the sunset date of its marijuana business ban, at its Nov. 10 meeting. The council also extended moratoriums on enforcing two zoning ordinances, for a second time, to continue pandemic relief for businesses.

Marijuana Establishment Prohibition
After a public hearing and second reading, the council approved an amendment to Ordinance No. 411, Section VI, Repeal and Sunset Provision, Prohibition of Marihuana Establishments. The ordinance puts a temporary ban on recreational marijuana facilities, with a new expiration date of April 30, 2021. (The previous expiration date was Dec. 31, 2020.) If no further action is taken by council, marijuana business would be free to open in Oxford Village on May 1.
The temporary prohibition is designed to give the village legal protection while it finishes another “Adult Use” ordinance that would allow, but regulate, six types of commercial marijuana establishments defined under state law (grower, safety compliance facility, processor, microbusiness, retailer and secure transporter). The prohibition applies to businesses, not personal use.
Although Michigan voters approved legalizing recreational marijuana in 2018, municipalities in Michigan can still pass ordinances allowing or prohibiting marijuana businesses. Addison and Oxford Townships have both passed ordinances indefinitely prohibiting recreational marijuana establishments.
On the other hand, voters in Lake Orion Village just passed an ordinance in the Nov. 3 election that will allow marijuana facilities within village limits. Orion Township has allowed medical marijuana facilities since 2017 and has two major grower facilities under development.
The only person to speak during the public hearing on the extension was Justin Dunaskiss, a partner at Dunaskiss Consulting and Development, an Oxford Township-based lobbying firm specializing in cannabis.
“I think it’s important to extend the sunset so you’re not between a rock and a hard place. However, hopefully we can set a path forward and timeline as to what we’re looking at as the village has been working on the policy for over a year and a half.”
Dunaskiss, an Orion resident, pointed out that the Lake Orion ordinance would even allow retail establishments on M-24, something Oxford’s ordinance would prohibit. “I appreciate the ginger approach to it, making sure we’re looking at it, but don’t want to go round and round with the policy to make sure we can kinda move forward in a timely fashion.”
At special council meeting in October, village attorney Bob Davis said he would “recommend that the extension process start, but that it not deter us from raising this issue quickly and swiftly before the village council. I mean, I really don’t think that planning commission or anybody wants us to keep kicking this, but we really should protect ourselves by starting the extension of the moratorium process.”
Councilmember Maureen Helmuth agreed, saying she was “willing to approve a short extension, not a long one.”
The village initially put a six-month moratorium on marijuana businesses beginning in April 2019. The council then replaced the moratorium with an official ordinance prohibiting marijuana establishments, with a sunset date of June 30, 2020. When the sunset date crept up on council this spring, they extended that date until the end of the year. With Dec. 31 fast approaching, the adult use ordinance still isn’t quite ready.
The ordinance has gone back and forth between the village council and planning commission several times. The commission sent its latest revisions (which have clarified the application process for businesses) back to the council at the end of the summer.
The planning commission has worked closely with attorney Davis who has complimented the commission’s work. “I do believe there’s a couple of irregularities still lingering in our ordinance scheme, but I think the planning commission did a great job in driving this toward simplicity. I think if you were going to have an adult use ordinance scheme in the Village of Oxford, you are definitely on the right legal track.”
After reviewing the ordinance, councilmember (now president) Kelsey Cooke, who is herself an attorney, wrote a list of 29 detailed questions and concerns about the ordinance. At the Nov. 10 meeting, Davis said that he had finished answering the questions and that prior to the next meeting, he would issue “a very extensive package” to council including the revised ordinance and some other comments due to recent litigation in other communities in the state.
Going forward, Cooke wants to hold a town hall, both to receive public input and to educate the residents on exactly what is being proposed. There have been many public comments at meetings over the past year, even when the ordinance has not been on the agenda. However, there has been particular confusion during public comments when residents have often brought up medical marijuana. Cooke and Davis stressed that the ordinance has nothing to do with medical marijuana, only adult use recreational.
The council voted to “deny granting all five types of medical marijuana licenses” in December 2016, shortly after medical marijuana facilities were legalized in Michigan.
“We are not drafting an ordinance that is going allow for medical marijuana facilities,” Davis said at last month’s meeting. “That ship sailed for us. I’m not saying that you cannot do it, but that is not what we are doing right now.”
Cooke also noted that the potential revenue for the village may be overstated. “If that’s the only reason you want it here, it may not be what’s actually going to happen.”
The council previously held a town hall on the topic in May 2019, but the meeting was poorly attended.
Village Manager Joe Madore suggested holding a town hall meeting around mid-January, “once the hubbub of the holidays and everything is behind us.”
Davis agreed, “That would give each councilperson plenty of time to do a comprehensive review of the legal materials.”

Commercial vehicle and sign ordinances
At the same meeting, the village council also extended moratoriums of enforcing two zoning ordinances that were first implemented during the coronavirus shutdowns in March.
The moratorium on zoning ordinance 6.1.18B, which prohibits commercial vehicles from parking in residential areas, was set to expire Dec. 1.
The ordinances states, “No commercial vehicle of any kind, shall be parked in a residentially zoned or used area. Provided however, this provision shall not apply to commercial vehicles temporarily parked less than eight (8) hours in a residential area in conjunction with maintenance or service to a residential property.”
The moratorium was put in place to accommodate residents that were being forced to work from home during the “Stay Home, Stay Safe” executive orders in March.
When some residents asked the council to consider amending or removing the ordinance altogether, it was recognized that the definition of ‘commercial vehicle’ could be clarified.
Madore explained in a Nov. 4 memo that “The planning commission is in the process of clarifying the definition and should be complete by the end of the year at which time an amendment of this section of the ordinance can be done, along with some other small amendments.”
The council voted 5-0 to extend the moratorium until March 1, 2021.
Like the commercial vehicle ordinance, the moratorium on an ordinance prohibiting temporary commercial signs and banners from being displayed “for more than a total of thirty consecutive days” was set to expire on Nov. 15.
The moratorium on zoning ordinance section 7.4.8 B 2, “Temporary Commercial Signs and Banners,” was meant to help businesses during the M-24 construction project. “As the M-24 construction project comes to an end there are other factors that still make it difficult on our local businesses (COVID, economic uncertainty etc.),” Madore wrote in another memo. “I think it is reasonable to consider extending the moratorium of enforcement of the 30-day limit for temporary signs and banners. This will allow those businesses to continue to inform their customers of special hours, curbside service or other situations for an additional period of time.”
The council voted 5-0 to extend the moratorium until March 31, 2021. The moratorium also waives the $85 permit fee and $15 application fee. Permits are still required, however.