(New Buffalo, MI) - New Buffalo officials are attempting to work out the final kinks of an ordinance that would pave the way for the retail sale of marijuana in the city.  The New Buffalo Planning Commission on Tuesday voted to allow John Weiss, an attorney from Chicago, to amend the language in the proposal.

 

The planning commission previously gave a favorable recommendation to the proposal, which was later rejected by the city council and sent back to the planning commission for revision.

 

Mayor John Humphrey said he felt the wording in the document was “very good” but not tight enough to guarantee the measure would hold up in court should it be adopted by the city council and legally challenged.

 

“It’s not comprehensive enough for what we need for something of this magnitude,” he said.

The heart of the issue seems to involve a proposed requirement that marijuana shop would not be allowed to be closer than 1,000 feet from a school, church or the city’s commercial district.  The planning commission voted unanimously to have the distance measured from property lines instead of the front doors of buildings.  That procedure will be among the changes reflected in the revised ordinance expected to be presented at the next planning commission meeting, perhaps, in January.

 

Eligible parcels outside the required boundaries will also be identified in writing at the recommendation of New Buffalo City Manager Darwin Watson.  

 

“Then it’ll be one package to give to you,” he said.

 

There seems to some dispute on whether the 1,000 foot restriction should remain or be reduced.  Planning Commission member Debbie Schmidt said she was concerned about investors who purchased property for opening a marijuana shop and how those parcels do not meet the proposed distance requirement.  However, Planning Commissioner member Paul Billingsley said those people should have waited until after restrictions governing such operations were finalized.

 

“Buying property when nothing has been approved is a dice roll,” he said.

 

Billingsley also pointed out support of the measure by the planning commission hinged on the 1,000 foot restriction to keep it away from the immediate presence of children and other people who might be offended by such an establishment.  He also noted the proposed radius is common statewide for establishments selling other things such as liquor.

 

Humphrey estimated there are just a handful of parcels that would be eligible to house a marijuana retail operation under the current proposal.

 

“With this language in here, I would be surprised if there’s more than three or four that meet the criteria,” he said.

 

When final consideration will be taken by the city council is not clear.  Billingsley advised all of the time necessary be taken to make sure the proposal is to everybody’s satisfaction since there are no deadlines to meet for taking action.