BENTON HARBOR — Benton Harbor city commissioners approved licenses for up to 25 medical marijuana facilities in the city last week, but it’s still not a done deal, and at least two commissioners want to know why.
“We should be collecting money right now from applicants,” City Commissioner Juanita Henry said when contacted by phone Thursday.
Officials at the state’s Department of Licensing and Regulatory Affairs announced months ago that the agency would start accepting applications Dec. 15 from people who want to open medical marijuana facilities. But first, applicants need to get approval from the local municipalities.
Henry said it’s frustrating not to be able to accept applications for medical marijuana facilities while other communities have already started. She said the medical marijuana business will bring money and jobs to participating communities.
Henry and City Commissioner MaryAlice Adams have been asking city staff since at least February to put together the documents so the city is ready by Dec. 15. During a February meeting, a resolution that would have banned medical marijuana dispensaries in the city was voted down 7-1, with Mayor Marcus Muhammad casting the only vote for the resolution.
At the time, he said the city didn’t need “a dispensary or any kind of drug misadventure.”
City commissioners again showed interest by approving a resolution Aug. 7 stating that the city is looking into possibly allowing medical marijuana dispensaries.
City Manager Darwin Watson said during a special meeting Sept. 19 that medical marijuana is already allowed in the city’s zoning ordinance, which was last updated Aug. 23, 2012. That update shows that medical marijuana clinics and sales are permitted in the central business and commercial districts if they receive a special use permit.
Medical marijuana clinics and sales are further listed as permitted under the “Retail sales and service” section of the city’s zoning ordinance.
Watson said he didn’t find out until November from the city’s attorney that the Planning Commission needed to be involved because the language in the zoning ordinance was too vague.
For the first time, planning commissioners will discuss the topic at 1 p.m. Tuesday at City Hall, 200 E. Wall St.
Watson said he doesn’t know how many weeks it will take planning commissioners to go through the process to change the zoning ordinance. He said if there is a lot of opposition to the changes at the public hearings, it will take longer, and planning commissioners may decide not to recommend that the zoning ordinance be changed to allow medical marijuana.
If that happens, he said city commissioners can override the planning commissioners and allow medical marijuana facilities. But, he said that if 20 percent of the property owners in the affected district file a complaint, then it takes a super majority of the City Commission to approve the changes.
City commissioners have been divided on this issue.
They voted 5-4 in August to express interest in allowing medical marijuana dispensaries in the city. Voting in favor were were commissioners Adams, Henry, Ron Singleton, Edward Isom and C.F. Jones. Voting against it were Muhammad and commissioners Duane Seats, Ruthie Haralson and Sharon Henderson.
At the time, Muhammad said he can’t see ever supporting having marijuana dispensaries in the city. Since then, he has said he is taking a second look.
“I am in a fact-finding posture at this current time,” he said in an emailed statement. “I am in the process of speaking with other mayors, economic development analysts, community leaders, medical marijuana patients and city residents as I study the Michigan Compiled Law on Medical Marijuana.”
City commissioners passed the ordinance Dec. 18 as part of the “Consent Calendar” with no comment.
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