Marijuana Businesses are Close to being Allowed in my Town

[EBounding]

Does anyone have any articles or information on how legal marijuana businesses impact (or don't impact) surrounding properties?

I found this one, but the title is misleading since the increases are no different than alcohol related businesses: https://news.osu.edu/legal-marijuana-stores-lead-to-increases-in-property-crime/

My town's council reversed their decision last year to permanently ban marijuana businesses after an outcry from residents. They did a temporary ban through the end of the year so they could draft the zoning and licensing ordinances. The draft zoning ordinance wanted to allow them "by right", which was good. They would be allowed in any commercial area as long as it was 1000 feet away from a school, which was already the regulation approved by voters last November.

Recently though, the Planning Commission wanted it to be "special use". I see this as a path to a de facto ban since all commercial areas are similar in my town. My town is a "small bedroom community" with a narrow commercial district. Every application would go through them and require approval from Council on the USE, not the licensing application. In the past, the PC wanted to keep it banned. Council is also very apprehensive, but they're trying to balance that with what voters want. The PC did not provide any reasons to justify this recommendation other than it was a new and different business. I think if it's banned on one parcel, then it would be banned everywhere else.

The council will be reviewing this next week and making a decision. My city is potentially on the leading edge of this in Michigan--there are hardly any medical facilities in the suburbs and there are certainly no "recreational" ones yet. I'd like to demonstrate how the planning commission failed to do their job by not presenting facts, so I would like to present some facts of my own.

 

[pcosmar]

Should be a thriving business.. Likely employing some in the community and contributing to the overall cash flow.

and some folks may be healthier.

 

[CoastieInColorado]

Does anyone have any articles or information on how legal marijuana businesses impact (or don't impact) surrounding properties?

I found this one, but the title is misleading since the increases are no different than alcohol related businesses: https://news.osu.edu/legal-marijuana-stores-lead-to-increases-in-property-crime/

My town's council reversed their decision last year to permanently ban marijuana businesses after an outcry from residents. They did a temporary ban through the end of the year so they could draft the zoning and licensing ordinances. The draft zoning ordinance wanted to allow them "by right", which was good. They would be allowed in any commercial area as long as it was 1000 feet away from a school, which was already the regulation approved by voters last November.

Recently though, the Planning Commission wanted it to be "special use". I see this as a path to a de facto ban since all commercial areas are similar in my town. My town is a "small bedroom community" with a narrow commercial district. Every application would go through them and require approval from Council on the USE, not the licensing application. In the past, the PC wanted to keep it banned. Council is also very apprehensive, but they're trying to balance that with what voters want. The PC did not provide any reasons to justify this recommendation other than it was a new and different business. I think if it's banned on one parcel, then it would be banned everywhere else.

The council will be reviewing this next week and making a decision. My city is potentially on the leading edge of this in Michigan--there are hardly any medical facilities in the suburbs and there are certainly no "recreational" ones yet. I'd like to demonstrate how the planning commission failed to do their job by not presenting facts, so I would like to present some facts of my own.

Define impact please.

People pay attention to dispensaries about as much as people pay attention to liquor stores, and they should even less so, in my opinion.

 

[eleganz]

Depends how conservative your city is.

How sizable millennial and/or cannabis user population is, can include middle age and seniors too if the awareness is high and they know to use it for medical, anxiety, inflammation, etc...

If there is a decent sized user base, that money will be going from black market dealers to a commercial retail location where legal (albeit tax-paying) jobs are created. Its not good for libertarians but its a good selling point for the public because they like seeing things in the light than in the dark. Regulation helps "keep people safe", etc...etc...

I've created a libertarian cannabis discord server for anybody that is currently in the business or looking to get into it.
https://discord.gg/PxexGP

 

[EBounding]

Define impact please.

People pay attention to dispensaries about as much as people pay attention to liquor stores, and they should even less so, in my opinion.

Crime, noise, smells, etc. Most commercial properties are directly adjacent to single-family homes. I agree that the impact of these will be much less than a bar or even a liquor store which can have LOTS of noise, smells and rodents. I'm challenging the council to make the case that these will have a worse impact. I'm just looking for more studies and articles that they don't create

Depends how conservative your city is.

How sizable millennial and/or cannabis user population is, can include middle age and seniors too if the awareness is high and they know to use it for medical, anxiety, inflammation, etc...

If there is a decent sized user base, that money will be going from black market dealers to a commercial retail location where legal (albeit tax-paying) jobs are created. Its not good for libertarians but its a good selling point for the public because they like seeing things in the light than in the dark. Regulation helps "keep people safe", etc...etc...

I've created a libertarian cannabis discord server for anybody that is currently in the business or looking to get into it.
https://discord.gg/PxexGP

It's a left of center city although probably more independent minded than liberal. 70% of city voters approved the statewide measure last year. There was also a charter amendment adopted a few years ago to decriminalize possession. There was a huge outcry when they attempted to ban it after the state vote.

Here's a story about it:

https://www.candgnews.com/news/commission-recommends-recreational-marijuana-zoning-changes-115170

BERKLEY — The city of Berkley is moving forward with a key part of allowing recreational marijuana businesses in its downtown.

At its Sept. 24 meeting, the Planning Commission in a 7-1 vote recommended zoning regulation changes to the city’s code for the City Council to consider on where recreational marijuana businesses could be located and how the approval process for selecting them would go. The commission gave the recommendation on the condition that the process involve a special land use.

According to city documents, businesses only would be allowed on strips of 11 Mile and 12 Mile roads, Coolidge Highway, and Woodward Avenue. They also would be prohibited from being located within 1,000 feet of schools. The drafted licensing ordinance would allow up to three business to locate in Berkley.

The special land use was not in the original plans. Describing the proposed process at the beginning of the discussion at the meeting, Community Development Director Erin Schlutow said that Berkley was aiming for the approval process to go through administrative review rather than a special land use, as the city felt that a special land use would limit the city in how it could go about choosing the businesses it wants to be in town.

“We are proposing to move these through and collect all of the applications at once, going through a very rigorous matrix of regulations. … This would allow us to kind of whittle down some of those applications that are necessarily incomplete or don’t fit with the goals and objectives of the master plan,” she said. “Those remaining properties that would be eligible for the business license would then be presented to the Planning Commission, and you would review their site plan. So the Planning Commission would still have a review component as part of this process, just not through the special land use public hearing process.”

The matrix was set up to be a merit-system-based way to grade businesses and find the ones that would best fit in Berkley. The checklist can be found on www.berkleymich.org under the city’s “Now Trending” and “Marihuana in Berkley” tabs.

A special land use process would send a site plan and application to the Planning Commission for review. A public hearing would be held on the project, where the commission could give a recommendation for approval or denial for the City Council to consider. The council would then take action on the special land use.

Going with an administrative review process was negatively received by the Planning Commission. Planning Commissioner Michele Buckler said that the public has a right to make comments on these businesses, because they are not just any other businesses.

“There will be controversy about where they go,” she said. “I think the administrative process, the criteria (marijuana businesses must meet) ... those could be easily built into the special use designation. That checklist could be referenced and … put in there in its entirety, and we can consider those as well. I, frankly, do not believe this belongs just in the administrative hands.”

The criteria referenced is a set of five regulations a business must meet to locate in Berkley. The first four criteria are that a “Marihuana Business must front on a major thoroughfare with the primary pedestrian ingress/egress to face the major thoroughfare. If the property is a corner lot, the elevation that faces the major thoroughfare shall be considered the front; The Marihuana Business must have all applicable state and local licenses and approvals to operate; The property where the Marihuana Business will be located must be entirely within the boundaries of the City, and must not be within 1,000 feet of a pre-existing public or private school providing education in kindergarten or any of grades 1 through 12; and notwithstanding any other provision in the zoning ordinance, a Marihuana Business must operate within a fully enclosed building.”

The fifth criteria listed states that “the City shall prefer the Marihuana Business to be located at least 500 (feet), measured from the edge of the right-of-way,” away from the following intersections: 11 Mile and Greenfield roads; 11 Mile and Coolidge Highway; 11 Mile and Woodward Avenue; 12 Mile Road and Greenfield; 12 Mile and Coolidge; and 12 Mile and Woodward.

Because of opposition from some Planning Commission members on the fifth criteria, Schlutow told the Woodward Talk it could be removed in the future.

Schlutow stated that going with the administrative review process was done with the mindset that otherwise, the city would be beholden to set a public hearing for every application that comes through as a special land use.

“This would then put the responsibility of everything onto the Planning Commission and making sure that, if you’re only allowing three licenses, then sensibly you have to vote on each and every one that would come in,” she said. “It could present as a first-come, first-served process for those applications that are coming forward, as opposed to the ones that fit more cohesively within the city in the community.”

Planning Commission Chairperson Kristen Kapelanski proposed implementing the merit system process along with a special land use. City Manager Matt Baumgarten said there was concern from the city that opposition from residents regarding a business that could be located near their homes would be a factor in a business not locating in the downtown.

“I don’t want to give anyone (who is a resident) the sense that despite the fact they’re ... upset, they were ignored because (proximity to homes) simply wasn’t one of the standards (for approval), and so that was our concern,” he said.

Baumgarten said that the Planning Commission could make a recommendation to the council with the addendum that it must be done through a special land use.

He also noted that residents can cite the five criteria in why a particular location wouldn’t be the best place for a business to locate.

“We just didn’t want to put Planning Commission in the situation of yielding great outcry and having to make, again, an unpopular decision based on finite standards,” Baumgarten said.

Kapelanski appreciated the concern from the city, but said the commission could wade through what is general opposition to “a use that maybe is not something that most people would want to see in the community versus if it’s adversely impacting the properties around it.

“As a commission, we feel confident in judging that standard, and we understand, I think, and appreciate that maybe the administration and council was not trying to put us in a difficult position,” she said. “But I think what you’re hearing in general is we want to be in that position, that we do want to hear from the residents.”

The commission did move the ordinance forward with the recommendation that it goes as a special land use, which gathered the support of the board members. The next City Council meeting will take place at 7 p.m. Monday, Oct. 7, when a first reading of the ordinance could be held.

 

[CoastieInColorado]

I'll lead this by disclosing that I really don't get out very much in the last year, but very much did before that. It's all anecdotal just the same...

Smell.

If they grow there too, there's really no way to get around that unless you build a negative pressure greenhouse with carbon filtration. The smell isn't overpowering like living next to a feed lot, and after a while you tend not to notice it as much. Seriously-I'm around tons of the stuff everyday and I barely smell it anymore, or maybe my brain chooses not to notice it.

Crime/noise

Aside from the robbery risk, I've never heard of crime increasing around dispensaries, and have no idea how it would. Hang out outside a liquor store for a week, then a dispensary. I promise you'd feel safer around the dispensary.

Also, in Colorado it's regulated by county and cities-some allow dispensaries near residential areas(Pueblo), some near industrial areas only(Pueblo West), some don't allow it at all(Colorado Springs is all medical only, zero recreational stores within city limits). Yep, it's legal statewide - but that doesn't mean you can get it everywhere. Like alcohol, some counties are "dry" here with cannabis. Denver...well, Denver is something else, definitely something to experience. There's over 1000 dispensaries there easily.

You can't legally consume on the property of dispensaries, that's the only "crime" being "committed" if you light up in the parking lot. Back when I smoked cigarettes, I fired one up in the parking lot(never smoked in my car) before I left and the security guard came out and told me to leave immediately because in the cameras you can't distinguish between the two(the state enforcement agency has access to all cameras at all times).

 

[pcosmar]

Crime, noise, smells, etc.

My favorite nearby,,
https://www.allbud.com/dispensaries/washington/longview/420-holiday

Only impact is the parking lot is cramped.. but even when busy it is always courteous..

https://tdn.com/news/local/local-ma...cle_72268328-fef1-5905-b2cd-e965add7a149.html

 

[EBounding]

So the Council postponed the vote on the zoning and licensing ordinance last month. This conveniently protected the incumbents from making a potentially controversial vote before the election.

But anyway...now the city attorney apparently took it upon himself to send the issue back to the Planning Commission even though Council never voted to do so. So they're holding another public hearing for some reason. A lot of bizarre delays. But it is moving forward and the Council has done a complete 180 since last year on the issue.

It's much easier to influence your local government than your congresscritter. All you need to do is show up and speak out.

 

[petrsmith]

Hopefully, marijuana is legalized nationwide so as to aid the people in need. Living in Denver, I have seen the positive aspects of it.

 

[Working Poor]

So the Council postponed the vote on the zoning and licensing ordinance last month. This conveniently protected the incumbents from making a potentially controversial vote before the election.

But anyway...now the city attorney apparently took it upon himself to send the issue back to the Planning Commission even though Council never voted to do so. So they're holding another public hearing for some reason. A lot of bizarre delays. But it is moving forward and the Council has done a complete 180 since last year on the issue.

It's much easier to influence your local government than your congresscritter. All you need to do is show up and speak out.

I believe that many elected officials are still under control of the cartels. This is the only reason at this point that all drugs are illegal. I think people ought to start asking all their reps which cartel are they loyal to when they do not pass legislation to make pot and all drugs completely legal. All drugs would be much safer if people could grow them for them selves. I am sorry but it really pisses me off that our soldiers protect opium in Afghanistan and they bring the the adulterated BS to the streets of our cities and the people buying this stuff end up dead or in jail. If that is does not produce and BIG WTF in your mind nothing will.

People need opium and caca cao and cannabis they do not need it to be refined or adulterated and brought into the market place. Anyone should be allowed to grow any of these plants and sell them raw and unprocessed in the market and/or keep what they want for their own personal consumption. The way these healing plants are abused and used to hurt people rather than help them is one of the most hideous crimes against humanity. Believe me there would be less addiction if big pharma did not put their products out in the market. Put Nazis in control of medicine and this is what you get. Fascism at it's finest

 

[EBounding]

So they passed the ordinances. Zoning is supposed to be "by right" in the commercial districts and the licensing ordinance passed with various regulations. The last thing up in the air is the licensing "merit system" that Council has to adopt through resolution. The state voter proposal that passed required licenses to be issued on merit instead of by lottery.

The merit system has a lot of subjective criteria and much of it involves location that should be within the realm of the zoning ordinance. They basically want to keep these businesses out of the downtown development authority district, so they're doing it through the merit system since it's politically unpopular to do it through zoning (people want them allowed in all commercial districts). I've told the council they should keep the merit as simple, general and objective as possible. We'll see what happens.

http://cms6.revize.com/revize/berkl...a/DRAFT_MeritSystemPointCriteria_12112019.pdf

 

[dannno]

Smell.

If they grow there too, there's really no way to get around that unless you build a negative pressure greenhouse with carbon filtration. The smell isn't overpowering like living next to a feed lot, and after a while you tend not to notice it as much. Seriously-I'm around tons of the stuff everyday and I barely smell it anymore, or maybe my brain chooses not to notice it.

It's my favorite smell... but... the town next to me produces more cannabis than any town in the entire country. Maybe more than any city. They got these hoops and greenhouses everywhere for miles:

If you drive through the town on the freeway, you will smell it every time.

I remember articles in the newspaper a couple years ago about teachers from the school nearby having to air out their classrooms in the morning because the odor was so strong.

Whatever. It's not a health hazard. And the only reason they are growing so much there is because a lot of other towns have made it difficult to grow larger amounts. It's not the end of the world, but eventually I would think the industry will be more spread out.