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Detroit, Michigan, Medical Marihuana Zoning Ordinance, Proposal B (November 2017)
| Proposal B: Detroit Medical Marihuana Zoning Ordinance |
|---|
|
| The basics |
| Election date: |
| November 7, 2017 |
| Status: |
 Approved
|
| Topic: |
| Local marijuana |
| Related articles |
| Local marijuana on the ballot November 7, 2017 ballot measures in Michigan Wayne County, Michigan ballot measures Local zoning, land use and development on the ballot |
| See also |
| Detroit, Michigan |
A proposal to amend the Detroit zoning ordinance to be consistent with the Michigan Medical Marihuana Facilities Zoning Act was on the ballot for Detroit voters in Wayne County, Michigan, on November 7, 2017. It was approved.
| A yes vote was a vote in favor of establishing city zoning rules for medical marijuana facilities that are consistent with the Medical Marihuana Facilities Licensing Act |
| A no vote was a vote against establishing city zoning rules for medical marijuana facilities that are consistent with the Medical Marihuana Facilities Licensing Act |
Proposal B was designed to allow growers and secure transporters to open within the city's M1-5 industrial districts and B1-5 business districts. A zoning map index of the Detroit is made available by the city.[1]
Aftermath
City council ordinance, November 2017
Following voter approval of two marijuana-related ordinances, Proposal A and Proposal B, the Detroit City Council introduced a resolution to challenge the ordinances on November 21, 2017. According to the Detroit Free Press, council member James Tate introduced the resolution, stating that the ordinances contained language that threatened the city's zoning processes. Under the ordinances, which were placed on the ballot through citizen initiatives, dispensaries could be opened a distance of 500 feet or more from other dispensaries or religious institutions and could be opened without a public comment period or the approval of the Board of Zoning Appeals. In the resolution, Tate requested that the mayor and corporation counsel take action to prevent the implementation of the ordinances and the new zoning rules. The council voted 7-1 in favor of the resolution.[2]
February 2018 court decision
On February 16, 2018, Wayne County Circuit Court Judge Robert Colombo Jr. overturned Proposal B, while he partially overturned Proposal A by reversing the zoning parameters. Referring to a case decided by the Michigan Supreme Court, Korash v. Livonia, he stated that "the citizens of a home rule city cannot ... employ a voter initiative to rezone property."[3]
Earlier in the week, Mayor Mike Duggan issued a moratorium on new medical marijuana licenses and permits for a period of 180 days. The city council approved the moratorium, citing the legal concerns the city had been facing.[4]
Council member James Tate stated of Judge Colombo's decision to overturn Proposal B and to partially overturn Proposal A:[4]
| “ | This is a cautionary tale for those who want to seek ballot initiatives with illegal language in them or language that is afoul of proven case law.[5] | ” |
The group behind the November initiatives, Citizens for Sensible Cannabis Reform, responded to the court's decision, saying, "Currently, we are examining all options before moving forward with any course of action. However, we are disappointed in that the city refuses to have dialogue with us in order to help minorities in the industry."[4]
Council zoning changes approved
Detroit City Council member James Tate submitted a proposal to the Detroit City Planning Commission with changes to the zoning laws regarding marijuana businesses in May 2018. The Detroit City Council approved the ordinance on July 31, 2018. The ordinance was designed to cap the number of medical marijuana dispensaries in Detroit at 75 and to clarify dispensary location and size regulations.[6][7]
Election results
| Proposal B | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 56,477 | 58.84% | ||
| No | 39,507 | 41.16% | ||
- Election results from Wayne County Election Results
Text of measure
Ballot question
The ballot question was as follows:[8]
| “ |
The proposal would amend the Detroit Zoning Ordinance, Chapter 61 of the 1984 Detroit City Code, Article III, Division 12, Sections 61-3-351 through 61-3-354, to establish land use standards and procedures for the regulation of medical marihuana facilities consistent with the Medical Marihuana Facilities Licensing Act, 2016 PA 281, to provide definitions, to designate medical marihuana facilities, including growers, processors, provisioning centers, safety compliance facilities, and secure transporters, as permitted uses subject to site plan approval and use regulations in specified zoning districts, to require compliance with zoning district standards, and to authorize fees to the City. Should this proposal be adopted?[5] |
” |
Path to the ballot
This measure was put on the ballot through a successful initiative petition campaign. Petitions were circulated by Citizens for Sensible Cannabis Reform.[9]
Recent news
The link below is to the most recent stories in a Google news search for the terms Detroit Local marijuana Proposal B. These results are automatically generated from Google. Ballotpedia does not curate or endorse these articles.
See also
External links
Footnotes
- ↑ Detroit Free Press, "Marijuana shops near liquor stores, churches in Detroit? Voters to decide in November," September 15, 2017
- ↑ Detroit Free Press, "Voter-OK'd Detroit marijuana proposals may face legal fight," November 21, 2017
- ↑ Detroit Free Press, "Judge Strikes Down Detroit Marijuana Initiative," February 16, 2018
- ↑ 4.0 4.1 4.2 Detroit Free Press, "Detroit medical marijuana initiative overturning could be appealed," February 19, 2018
- ↑ 5.0 5.1 Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The Detroit News, "City to consider cap on medical marijuana centers," June 12, 2018
- ↑ The Detroit News, "Detroit council sets cap at 75 marijuana centers," July 31, 2018
- ↑ Wayne County Clerk, "Election Information," accessed October 5, 2017
- ↑ Detroit Metro Times, "Michigan marijuana proposals head to the ballot," October 11, 2017
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