Township moving forward with proposed pot business ban

It appears businesses that deal in marijuana won’t be setting up shop in Oxford Township as officials took another step toward banning them.

Following the Jan. 9 first reading of a proposed ordinance that “prohibits all marijuana establishments within the boundaries of the township,” the board of trustees voted 5-2 to set a second reading and possible adoption for its Wednesday, Feb. 13 meeting. Meeting time is 6:30 p.m.

Voting in favor of the motion were Supervisor Bill Dunn, Clerk Curtis Wright, Treasurer Joe Ferrari and trustees Margaret Payne and Patti Durr. Voting against it were trustees Jack Curtis and Elgin Nichols.

In November, Michigan voters approved Proposal 18-1, the legalization of marijuana for recreational use by individuals age 21 and older. Oxford Township voters, including those in the village, voted in favor of it 5,625 to 4,651.

Under the new law, township attorney Gary Rentrop said municipalities can choose to prohibit marijuana businesses “before the state acts to adopt rules and regulations to allow (them).”

“You need to do that before the state acts,” he told the board. “The state is not likely to act for another six months, but we don’t know that (for sure).”

There are six types of marijuana businesses defined under the law. They are grower, safety compliance facility, processor, microbusiness, retailer and secure transporter.

Rentrop advised officials that if they adopt an ordinance banning these businesses, none of them would be able to operate in the township “until you reverse that position.”

Dunn asked if such an ordinance would prohibit “someone from growing it in their home.”

Rentrop stressed that it would only apply to commercial operations involving marijuana, not private activities inside residences. State law allows people to cultivate on their premises up to 12 marijuana plants, at any one time, for personal use.

“What I don’t like about this act is that you can grow it . . . Everybody in this room can grow pot, according to this new law,” Curtis said.

That’s one of the reasons he voted against moving forward with the prohibition of marijuana businesses.

Curtis believes if the township doesn’t allow at least one business where recreational users can purchase marijuana that will lead to more people growing their own and if their plants yield more of the drug than they need or want, they’ll attempt to illegally sell the excess.

“I don’t want all this pot running around for sale in the Village of Oxford or in the Township of Oxford,” he said.

Curtis believes “people aren’t going to grow it if you have an establishment” selling it.

He would also rather see the township maintain a high degree of local control by setting the number of marijuana businesses allowed via ordinance rather than having it determined by the state.

Ferrari favored prohibiting marijuana businesses now and waiting to see what type of regulations the state puts into effect. Once that happens, he said the township will “know what (it’s) dealing with.”

“We can definitely tackle it again (later),” said Ferrari, but “we’ve got to have these rules spelled out (first).”

“We’re assuming that if we allow one (marijuana business), we’ll set our future,” the treasurer continued. “The state could put right in the rules, if you allow one, you have to allow 100. We don’t know that.”

To Ferrari, the whole issue is “too open right now.”

“We have no idea what we’re even regulating,” he said. “If the state doesn’t know, how are we going to know?”

Nichols later told this reporter why he voted no. “I believe it’s too soon, in my opinion. I think there’s a lot of issues that need to be resolved prior to any ordinance setting,” he said.

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