Mount Clemens enacts 180-day moratorium on caregiver marijuana cultivation permits

Mount Clemens’ City Commission on Nov. 16 approved a 180-day moratorium on the issuance of permits, approvals and certificates for caregiver cultivation of marijuana to give the administration and the city’s planning commission time to study zoning, permit and technical standards.

The moratorium, moved and supported on a voice vote, is intended to allow staff to explore whether specific zoning districts or regulations should limit caregiver cultivation, require updated electrical or ventilation standards, or otherwise set parameters distinct from the 2008 voter initiative that first legalized medical marijuana in Michigan.

Murray, addressing the commission, framed the action against a recent change in case law: “The Michigan Supreme Court issued an opinion in April that reversed the court of appeals and said that the zoning enabling act could be utilized by municipalities as well as they could charge permits and fees,” he said, arguing the decision gives municipalities more room to regulate location and conditions for cultivation.

Public commenters were split. George Kale, a property owner with business interests in Mount Clemens, said the proposed moratorium was “a step in the right direction” but asked how many permits authorized in the city’s December 2018 ordinance had actually been issued and whether holders had filed required renewals. Patrick Abajuto expressed concern the 180-day pause could harm patients, saying, “If someone was to grow, and now they have no access to their medicine … 180 days without it is quite hard to do.”

Commissioners pressed for procedural clarifications, including whether existing operations would be grandfathered; Murray said, as a general rule, existing operations likely would be grandfathered though there could be exceptions. A commissioner asked whether a shorter moratorium would be feasible; Murray said 180 days is a conservative timeframe to allow public hearings and any required ordinance amendments but that shorter options are possible.

The motion passed; one commissioner recorded opposition (Mentzer). The moratorium takes effect immediately and staff will work with the planning commission on zoning options and any ordinance language that could obviate the moratorium if adopted.

Next steps: staff will prepare analysis and potential ordinance amendments for public hearings before the planning commission and the city commission during the moratorium period.