Your feedback ensures we stay focused on the facts that matter to you most—take our survey.
Detroit, Michigan, Medical Marijuana Facilities Ordinance, Proposal A (November 2017)
| Proposal A: Detroit Medical Marijuana Facilities 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 |
| See also |
| Detroit, Michigan |
A proposal to enact a medical marijuana facilities ordinance 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 amending the Detroit City Code to opt into the Michigan Medical Marihuana Facilities Act. |
| A no vote was a vote against amending the Detroit City Code to opt into the Michigan Medical Marihuana Facilities Act. |
Proposal A was designed to require marijuana dispensaries to be at least 500 feet from other dispensaries and exempt religious institutions. The original ordinance, which took effect in March 2016, set that minimum distance at 1,000 feet. Proposal A was also designed to allow dispensaries near liquor, beer, and wine stores; child care centers; arcades; and parks. The 2016 ordinance prohibited dispensaries in those areas. Dispensaries are allowed to remain open until 9:00 p.m. under Proposal A, rather than an 8:00 p.m. close time.[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 A | ||||
|---|---|---|---|---|
| Result | Votes | Percentage | ||
| Yes | 58,090 | 60.15% | ||
| No | 38,484 | 39.85% | ||
- Election results from Wayne County Election Results
Text of measure
Ballot question
The ballot question was as follows:[8]
| “ |
This proposed ordinance would amend Chapter 24, Article XIII, of the 1984 Detroit City Code, Medical Marihuana Caregiver Centers, to opt into the Michigan Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016, to provide for standards and procedures to license and regulate medical marihuana facilities through the Buildings, Safety Engineering, and Environmental Department and to impose conditions for operation and locational specifications for schools, public libraries, religious institutions, and other medical marihuana facilities. Should this proposed ordinance be enacted?[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 A. 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
| ||||||||||
