Mount Clemens commission directs staff to draft ordinance to opt in to state medical marijuana licensing

The Mount Clemens City Commission voted to direct city administration and the city attorney to draft an ordinance opting the city into Michigan's Medical Marijuana Facilities Licensing Act on a tie-breaking vote after public comment and hours of discussion.

City staff explained that Public Act 281 of 2016 authorizes five types of medical-marijuana facilities and establishes a licensing scheme. Staff told the commission that, if the city opts in, administration and the city attorney will prepare an ordinance setting application procedures, allowable license types, numerical limits and zoning locations, including standard distance restrictions from schools and churches. The staff presentation noted the city had discussed the issue in multiple prior work sessions and that a prior draft prepared by the city attorney had prohibited facilities in Mount Clemens.

The commission heard several residents speak in favor of opting in during the public comment period. Dolores Kaceniak (250 Euclid) urged the city to focus on other infrastructure matters but also raised general quality-of-life concerns; businessowner Patrick said, “By voting yes tonight, we'll help the city that is in need of new income,” arguing that permitting facilities could bring jobs, customers and tax revenue. Mike Dubas cited regional data and suggested potential sites outside downtown where a dispensary or grow operation could locate. Ronald Herdabis and Lisa Hess also urged the commission to approve consideration of licensed facilities.

Commissioners debated the decision along several lines. One commissioner said Mount Clemens's four-square-mile size and proximity to other communities meant residents could easily travel nearby for services and warned that local tax revenue net of state and county shares could be small. That commissioner also said law enforcement had indicated additional officers would likely be needed to cover related activity, estimating several extra positions and the associated budget impact.

Other commissioners noted revenue sources that would come with permitting, including permit fees (the meeting record noted permitting costs could be up to $5,000 per permit as an example) and municipal utility sales to grow operations. A member of the commission said sheriff's-department concerns had been raised in earlier meetings and described mixed responses from law enforcement leadership about dispensaries versus grow operations.

After discussion, a motion was made to direct city administration and the city attorney to draft an ordinance that would opt the city into the state licensing act and to return with suggested procedures and limits. The roll call produced a tie that required Mayor Dempsey to cast the deciding vote; Dempsey voted in favor and the motion carried. City staff said they would schedule a work session to develop details (including which of the five license types the commission wants to allow, numerical limits and proposed zoning locations) prior to bringing a draft ordinance back for formal readings.

Votes at a glance
- Motion to direct city administration and the city attorney to draft an ordinance to opt in to the Medical Marijuana Facilities Licensing Act (Public Act 281 of 2016): approved after a tie-breaking vote by Mayor Dempsey; commissioners discussed enforcement, permit fees and zoning restrictions prior to the vote.
- Tobacco-product ordinance amendment (addition of vapor products for under-18 prohibition): introduced on first reading and set for second reading and adoption on 09/04/2018.
- Mount Clemens Community Center lease agreements with Jazzercise, Throwback Boxing and Infinity Martial Arts: approved; effective dates and insurance (including a $1,000,000 umbrella policy referenced in the lease) were discussed.
- Minutes, invoice payments and the consent agenda: approved as presented.

City staff said a work session will be scheduled to gather commissioner direction on allowable license types, numbers of each facility type and suggested locations before the city attorney prepares the draft ordinance. The commission did not adopt zoning or numeric limits at this meeting; it only directed staff to prepare the ordinance language for future consideration.