City of Lowell to Allow Recreational Marijuana Facilities

After more than an hour of discussion and public comments, the Lowell City Council declined to vote on an ordinance regarding recreational marijuana, thus clearing the way for the establishment of retail and commercial facilities in the city. The decision came at the end of a special meeting held at 4pm on Wednesday, November 28.

It was the second time this year the Lowell City Council has been asked to consider whether to allow marijuana facilities. In January, councilmembers voted against allowing medical marijuana businesses to open in the city limits. However, yesterday’s meeting had a different outcome.

Special Meeting Spurred by Ballot Proposal

Proposal 1 was approved by 56 percent of Michigan voters in the November election. It makes the recreational use of marijuana legal and allows for the establishment of recreational marijuana businesses. Communities have been given the option to opt out of allowing businesses within their borders, but they have to decide by December 6, which is 10 days after the vote was certified.

The decision to opt out doesn’t affect a person’s ability to possess or privately consume recreational marijuana. Opting out would, however, prohibit the following types of marijuana businesses from being established within a municipality:

  • Growers
  • Safety Compliance Facilities
  • Processors
  • Microbusinesses
  • Retailers
  • Secure Transporters

As written, Proposal 1 prohibits marijuana facilities from operating within 1,000 feet of a school although communities can reduce that distance if they’d like. Communities that opt in can also limit the number of businesses and restrict them to certain zoning districts.

The City of Lowell is the first community in the area to opt in. Vergennes Township has voted to opt out of allowing marijuana facilities, and Lowell Township will hold a special meeting next Monday to discuss the matter.

Opinions Split on Issue

Outlined areas on this map show where recreational marijuana facilities could be operated on Main Street and Bowes Rd.

The meeting started off with remarks from Chief Steve Bukala and City Attorney Dick Wendt. Bukala reviewed the various spots in the city where a facility could be legally placed if councilmembers decided to opt in. Because of the presence of schools, facilities couldn’t be established in most of the east side of town. Available commercial space would be on the west side of town along Main Street or possibly Bowes Road.

Bukala did not provide a recommendation from the police department on the matter, and council members did not request one. Neither City Manager Mike Burns nor Wendt made a recommendation either. After the meeting, Burns told Lowell’s First Look that the issue was considered a political decision which is why no recommended action was suggested.

Nearly two dozen people attended the meeting and roughly half addressed the City Council. Others sent letters or called City Hall, and their comments were read into the record.

Overall, 21 people went on record as being in support of allowing recreational marijuana facilities in the city. Meanwhile, 20 were opposed to the city opting in. Among known city residents stating an opinion, seven were in favor while nine were opposed.

Supporters Tout Benefits of Marijuana

Many of those supporting the decision to opt in pointed to the medical benefits of marijuana and thought it should be more accessible to those with health conditions. It was suggested that marijuana use could also reduce suicides and be a detriment to domestic abuse. Others hoped that allowing marijuana facilities would curtail opioid abuse.

“What negativity would it bring to our town?” asked Lowell resident Derek Divine. “Think about the people that are strung out on everything that could use this right in their town instead of dropping needles by the police station.”

Another Lowell resident, Matthew Silverman, touched on the same idea in his comments. “I’d much rather find someone’s used joint in my front yard than a used needle,” he said.

Other supporters argued allowing marijuana businesses in Lowell could curtail the black market and said that people should have the choice to buy recreational products in city. It was also suggested that allowing marijuana sales could bring in needed tax revenue.

Opponents Worry about Negative Effects

Despite the early time, many residents made it to the special meeting.

Those opposed to the city allowing recreational marijuana facilities expressed concerns about how it might negatively impact the image of Lowell. They worried retail establishments might lead to increased access and usage of marijuana by youth. One person referenced reported problems in Colorado, such as increases in welfare and drugged driving, that occurred after that state approved the use of recreational marijuana.

“Let’s not be the guinea pig municipality,” said Lowell resident Jim Reagan. He noted that current businesses have already invested in the town and might not welcome the idea of a marijuana facility next door. He added that it would be at least a year before the state rules were in place so there was no rush to opt in right now. With medical marijuana facilities approved in Ionia and Grand Rapids opting in to recreational marijuana facilities, there will already be options for people to obtain marijuana locally.

James Doyle, senior vice president of King Milling Company, wrote in a letter to the council that people voting to legalize marijuana shouldn’t be confused with people wanting to have retail stores or advertising in their neighborhood. He noted that King Milling would continue its pre-employment drug tests, and he worried recreational marijuana facilities in the city might hamper the company’s ability to hire qualified, local workers.

Insufficient Support for a Motion

At the conclusion of the public comments, councilmembers expressed conflicted feelings on the subject. Mayor Mike DeVore said he had voted in favor of Proposal 1 but sounded skeptical about some of the touted benefits of marijuana facilities. “I don’t think this is going to be a windfall,” DeVore said.

“The black market will always be here,” councilmember Jim Salzwedel commented. Then echoing other councilmembers, he added, “I wish we had more time to opt in or opt out.”

In the end, it appeared the public vote on Proposal 1 swayed councilmembers. “We really need to respond to the voters,” said councilmember Greg Canfield.

There were two ordinances before the council during the meeting. One was an emergency ordinance that would go into effect immediately and required a supermajority vote. No one made a motion to adopt that ordinance.

Councilmember Marty Chambers then made a motion to pass the second ordinance. This one would opt out the city but would not take immediate effect and did not require a supermajority. No one seconded the motion so no vote was taken. As a result, the City of Lowell will be automatically opted into allowing recreational marijuana facilities.

However, residents won’t likely see facilities anytime soon. The state has until December 6, 2019 to finalize its rules for recreational marijuana facilities. That means it could be 2020 before a marijuana business opens in Lowell. In the meantime, Burns says the city will begin work on its zoning regulations for the facilities.

If you missed the meeting, you can view it the videos which were posted to the City of Lowell YouTube channel.

Note: This article has been updated to clarify comments made by councilmembers during their discussion.

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