Fenton — On Monday, Fenton City Council extended the moratorium on a special land use for medical marijuana, namely dispensaries. The last extension was in June, and it has been extended several times.
But attorney Stephen Schultz said the Michigan
Supreme Court case of Ter Beek v The City of Wyoming could clarify the law enough that the city may cease enacting moratoriums. “This is probably the last time we’ll be extending the moratorium,” said Schultz. These moratoriums so far have been updated frequently, and are a common stance for local municipalities.
He said the decision on the case is not out, but likely will be in the spring. This latest moratorium is for six months, after which he hopes to have more clarity out of the courts.
Since the law was enacted in 2008, municipalities have struggled to understand the reach and scope of control they have over land use for medical marijuana. Many have chosen to enact moratoriums to avoid legislating on the issue until the framework of dealing with them becomes clearer.
The Village of Holly was one of the few local municipalities who have enacted an ordinance regulating medical marijuana dispensaries.