Last night the City Council voted (4-3) to ban all use, possession, cultivation and distribution or sale of medical marijuana in Auburn Hills. This decision is a response to the mess that communities all over Michigan are trying to deal with related to medical marijuana. The problem is that the state law is way too vague. I did not support the outright ban. Because 66% of Auburn Hills voters supported the approval medical marijuana, I believe our job is to find a way to make this work. I would have supported allowing personal, private use in their home by people who have state-issued Medical Marijunan Cards.
But, I am totally supportive of the immediate need for the state to take leadership on this issue and clarify how to allow people whose health problems are truly helped by marijuana without creating another layer of widespread drug use.
Here's the news release issued by the City this morning.
Auburn Hills City Council Votes to Ban Medical Marihuana
Zoning, Policing and Public Health Issues Raise Concerns on Implementation and Enforcement of Act
Media contacts: Barbara Fornasiero, EAFocus Communications; 248.651.7536 cell: 586.817.8414; barbara@eafocus.com; Stephanie Carroll, City of Auburn Hills; 248.364.6802; scarroll@auburnhills.org
Auburn Hills, MI—October 5, 2010—The City of Auburn Hills, a dynamic community committed to innovation and growth, announced that the Auburn Hills’ City Council voted at its meeting yesterday to ban medical marijuana operations within the City limits. Prior to Monday’s vote, the City of Auburn Hills had imposed a 120 day moratorium to review the issue, a project that was taken on by the City’s Planning Commission, City Council, Police Department and staff.
“Since we began wrangling with implementation and enforcement issues associated with Michigan’s Medical Marihuana Act (MMMA) this summer, several other SE Michigan cities, Oakland County Prosecutor Jessica Cooper and Oakland County Sheriff Mike Bouchard have spoken up about the desperate need for legislative guidelines on MMMA,” said Auburn Hills’ City Manager, Pete Auger. “The City of Auburn Hills is not making a judgment on the medicinal benefits of marijuana, we are making a judgment on the inadvisability of the way the MMMA is written and encourage the State to act on the current statute by providing clear directives on zoning and police regulation.”
According to the City’s Community Development Director Steve Cohen, Auburn Hills was one of the first cities in Michigan following passage of the Act to allow medical marijuana dispensaries, approaching the issue from a zoning and land use perspective.
“We originally zoned medical marijuana dispensaries in our commercial areas to keep drug transactions out of the neighborhoods,” explained Cohen. “While the ordinance was adopted well over a year ago, the City only started to receive interest from prospective business owners mid-summer 2010. The majority of inquiries have been requests to open large scale facilities, while the City’s original ordinance was intended to comply with the MMMA by allowing a limited number of small-scale, pharmacy-type distribution operations. However, we never envisioned the amount of grey areas in state regulation.”
Auburn Hills’ Police Chief Doreen Olko offered that City officials became concerned once learning how existing dispensaries actually operate.
“Marijuana is a Schedule 1 narcotic and can’t be prescribed or distributed by a physician or pharmacist. That’s why physicians can’t write prescriptions, only recommendations, for medical marijuana. It is also why drug stores cannot sell marijuana. The City envisioned something similar to a pharmacy, where patients purchased medical marijuana and returned to their homes to use the drug privately, but that is not the case at the dispensaries we investigated,” noted Olko. “We found that dispensaries are generally unregulated businesses where patients are welcome to smoke or ingest marijuana at the facility. Some facilities offer marijuana laced food products as an alternative to smoking, a practice which is not reviewed by a public health authority. We also have concern about the traffic safety aspects of people driving under the influence. The traffic safety laws have not caught up with the state law. The lack of oversight at so many levels is of real concern to the City.”
Police Chief Olko added that while the MMMA is a zoning and land use issue, the public safety repercussions can’t be ignored.
“Unregulated medical marijuana dispensaries may unwittingly serve in creating a readily identifiable class of victims: ill persons whose legitimate use of medical marijuana makes them vulnerable to crime by purchasing the drug,” affirmed Chief Olko, adding that policing issues with medical marijuana, as with any other kind of drug, require police resources of time, expertise and money.
Auger said the City acted in good faith in investigating and trying to comply with the MMMA.
“The City of Auburn Hills is not asking to be exempt from the requirements of the MMMA, we are asking the State to use its position as a regulating body to provide solid direction on implementation,” clarified Auger. “Until that time, the safety and well being of our residents and businesses left us no choice but to implement a ban.”
About Auburn Hills
Auburn Hills is home to 20,000 residents and also serves as Michigan’s global business address, with 40 international corporations from 32 countries housed here, including Chrysler Group LLC and Borg Warner headquarters. Auburn Hills’ residents enjoy the amenities of city and suburban living with parks, a revitalized downtown district and a welcoming city complex with a library and community center. Additionally, the city has five colleges and universities, the award winning Palace of Auburn Hills entertainment complex and Great Lakes Crossing, one of the state’s largest destination shopping centers, providing a variety of cultural, social and educational opportunities to residents, workers and visitors. Learn more at