MI: 18 Marijuana Businesses In Ann Arbor Allowed To Temporarily Operate

Ron Strider

Well-Known Member
Ann Arbor is agreeing to let 18 medical marijuana businesses in the city temporarily operate without licenses while they go through the process of seeking licenses from the state.

The City Council unanimously approved the measure this week, while finalizing new zoning regulations for marijuana businesses.

The city's zoning regulations, which take effect Feb. 12, have been several months in the making.

"We've been working pretty hard on this for a while now," said Council Member Chip Smith, D-5th Ward.

City officials say they welcome the marijuana dispensaries that have sprouted in recent years, noting they provide goods and services that are overwhelmingly supported by the local community.

But there's no guarantee that all 18 marijuana businesses on the city's list of existing facilities will get city permits to continue operating, even if they obtain state operating licenses.

Some have been in operation for years, while others are newer. They're allowed to continue operating and serving patients while they go through the state's new licensing process, but they also will have to separately comply with the city's rules.

The only issue of debate at the council's meeting Monday night, Dec. 18, was how close to one another marijuana dispensaries -- also called provisioning centers -- could be.

To avoid creating districts with clusters of dispensaries, the city previously considered a 1,000-foot minimum buffer distance between dispensaries before lowering it to 600 feet.

Council Member Zachary Ackerman, D-3rd Ward, advocated for increasing it to 800 feet Monday night, saying 600 feet would allow about one per block and some think that's too dense.

Ackerman was outnumbered, as the council voted 7-4 to stay with the 600-foot spacing requirement.

The three others who supported Ackerman's call for a larger buffer were Chuck Warpehoski, Jane Lumm and Sumi Kailasapathy.

Warpehoski, D-5th Ward, said if someone was to drive along the Maple/Stadium corridor from Dexter Avenue to Pauline Boulevard and there were 10 different dispensaries along that one strip, which there aren't now, it would feel a bit like a "green-light district."

He said dispensaries provide a service the community supports, but having the right concentration is important so there isn't backlash that feeds into "prohibitionist tendencies."

Council Member Jack Eaton, D-4th Ward, argued against a larger spacing requirement, saying it would disadvantage at least one medical marijuana business that has been waiting to operate legally but would be within 800 feet of another dispensary.

Eaton, a newly appointed member of the city's medical marijuana ordinance review committee, previously proposed reducing the required buffer to 400 feet.

He said he's been speaking with people in the industry, including current operators and those who plan to open once it's legal.

"And it's kind of a balance that we're facing," he said. "I don't believe that we should act in a manner that disadvantages people who have waited for this to be legal. Technically the people who are operating now are doing so without the authority of law, and yet it's important to me that their customers have continued access to these materials, but not in a manner that disfavors people who have actually waited in the wings, hoping that it would become legal."

Mayor Christopher Taylor said the dispensaries operating in the city have been good neighbors. He said people in the community are not shy about raising concerns with council members on various city issues, but he hasn't heard concerns about dispensaries.

"I'm very optimistic that this industry is going to result in a lot of good new jobs and tax revenue, and most importantly, services to patients," said Council Member Anne Bannister, D-1st Ward.

"I think through the hospital and the medical advances that are being done, doors are opening for a lot of patients to receive better care through this industry, and I think Ann Arbor is wise to open up and welcome these groups with the 600 feet."

The Michigan Department of Licensing and Regulatory Affairs, also known as LARA, issued emergency rules on Dec. 4 for the purpose of implementing the Medical Marijuana Licensing Act of 2016, which provides a state regulatory structure to license and regulate medical marijuana growers, processors, provisioning centers, secure transporters, and safety compliance facilities.

Starting Dec. 15, which was last Friday, people can apply to LARA for state operating licenses for such businesses. As allowed under the rules, Ann Arbor is allowing existing marijuana businesses to continue to operate temporarily while they seek state licenses.

The city compiled a list of 18 medical marijuana facilities in Ann Arbor, including 13 dispensaries scattered around the city, one safety compliance facility known as PSI Labs at 3970 Varsity Drive, a nearby processing facility at 3940 Varsity Drive, another processing facility known as the Detroit Fudge Company at 2251 W. Liberty St. that the city determined was not in compliance with the proposed zoning, and two other facilities in the process of opening.

The facilities in the process of opening include the Huron View dispensary at 3152 Packard and a processing facility known as Arbor Kitchen LLC at 124 W. Summit St.

The 13 other dispensaries include:

-Peoples Choice, 2245 W. Liberty St.

-Arborside, 1818 Packard St.

-Ann Arbor Health Collective, 3060 Packard St.

-Treecity Health Collective, 2730 Jackson Ave.

-Om of Medicine, 112 S. Main St.

-Arbors Wellness, 321 E. Liberty

-Green Planet, 700 Tappan Ave.

-Live Wellness and Cafe, 603 E. William St.

-Greenstone Society, 338 S. Ashley St.

-Bloom City Club, 423 Miller Ave.

-The Green Door, 410 E. Liberty St.

-Medicine Man of Ann Arbor, 2793 Plymouth Road

-PR Center LLC, 3820 Varsity Drive

According to the city, The Green Door is 550 feet from Liv Wellness and 410 feet from Arbors Wellness, which already submitted a license application to the city back in 2011, so The Green Door may not be able to continue operating on Liberty Street.

The house on Liberty Street where The Green Door has operated is now being advertised as available office space.

Eaton said he intends to propose some changes to the zoning regulations in the next year, including possibly having different spacing requirements for dispensaries in the downtown versus outlying areas such as the Stadium Boulevard corridor.

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