Scottville’s opt-out measure: A closer look

December 27, 2018

On Friday, the Scottville Ordinance Committee will review a pre-written ordinance to opt out of allowing recreational marijuana businesses to operate in the city limits, and, if the committee recommends the adoption of the ordinances to the city commission, recreational marijuana business in Scottville could be banned soon after the start of the new year.

The city’s ordinance committee consists of committee chair and Mayor Pro-Tem Marcy Spencer, Mayor Bruce Krieger and at-large commissioner Sally Cole. The present committee members will review two measures drafted by the Dickinson Wright Municipal Group: a general opt-out measure a general opt-out measure, and a zoning opt-out measure.

Dickinson Wright recommends that both be approved if the city chooses to ban recreational marijuana sales.

In a memo to the marijuana consortium the city is a part of, Dickinson Wright stated, “We recommend that a municipality wishing to opt out do so by adopting both ordinances. The general opt-out ordinance can be adopted quickly … The zoning ordinance will take longer to adopt, given that it must be the subject of a planning commission public hearing before it can be considered for adoption.”

The memo states that the zoning ordinance will protect municipalities in the event that the city comes under fire for “arguably regulating land uses without completing the zoning process.”

Dickinson Wright also recommended — should the city commission choose to opt out — that both ordinances be adopted before the state finishes drawing up regulations for marijuana establishments, which the state has one year to do.

The general opt-out ordinance states that marijuana establishments, as defined by the Michigan Regulation and Taxation of Marijuana Act, are “completely prohibited within the boundaries of (Scottville).” It goes on to state that any application to establish a marijuana business would be a violation.

Read the full story in Thursday’s Ludington Daily News print and e-Edition.

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