By Jim Newell

Review Editor

To dispense or not to dispense: that is the question.

At least for Lake Orion voters, who will get to decide on whether or not to adopt a village ordinance governing medical and recreational marijuana facilities in the village after a group submitted enough petition signatures to put the issue on the Nov. 3 general election ballot.

The village council announced during its Aug. 10 meeting that it had received the petitions.

“I think this is an appropriate time just to mention that we have a new development,” said council President Ken Van Portfliet. “There’s a ballot initiative that has been submitted to the village. If the signatures are validated there will be on the ballot Nov. 3 (general election) an ordinance for the village (residents) to adopt or deny.”

Councilmember Jerry Narsh made the motion to direct the clerk to submit the ballot language to the Oakland County Elections Division pending the verification of the signatures provided within the time frame required. President Pro-Tem Bradley Mathisen supported the motion, which passed 7-0.

Village Clerk Susan Galeczka sent a letter, the council’s resolution and the petitions to the Oakland County Elections Division on Aug. 11.

The proposed ballot language reads:

Shall the Village of Lake Orion enact an ordinance to regulate the sale of marihuana in the Village; to allow certain medical marihuana facilities and recreational marihuana establishments to operate in the Village pursuant to the Medical Marihuana Facilities Licensing Act and Michigan Regulation and Taxation of Marihuana Act; to provide for standards and procedures to permit and regulate such facilities; to provide for the imposition of permit application fees; to provide penalties; and to impose conditions for the operation of such facilities?

“This is something the village council has been looking at and reaching out to our community members as to what you would like us to do going forward. So, we were in the forefront of this,” Van Portfliet said.

“This new ballot initiative is just bringing it forward as a petition. If it does succeed in the validation and verification, then everyone in the village will have the opportunity to vote, and that’s a good thing as well, because your voices will be heard,” he said.

The council had scheduled a second public hearing for the Aug. 10 meeting to gauge residents’ feelings about creating a medical and recreational marijuana ordinance for the village.

In the Nov. 6, 2018 general election, Michigan voters approved Proposal 18-1 creating the Michigan Regulation and Taxation of Marihuana Act; with 63 percent of village voters casting ballots in favor of the statewide recreational marijuana proposal. Passage of the proposal legalized the possession and use of recreational marijuana for adults 21 years or older.

The council and village administration held the public hearings as part of the process for adopting their own ordinance before anyone could force the issue to be put on a ballot.

However, the village administration and council failed to act in a timely manner and adopt an ordinance of their own design, instead waiting since the 2018 election to see if there were any challenges to the Act and how other communities were drafting ordinances.

Orion Township approved a marijuana grow and processing facility on Premier Drive back in 2018. The township board did not support have any dispensaries or point-of-sale retail stores. The township is also estimating a revenue of $250,000 per year in marijuana permits once all three building in the development are complete.

The village’s proposed ordinance would allow up to two facilities with up to $5,000 each in annual permit fees.

The village council and administration had hoped to create an ordinance that would allow for whichever aspects of the industry they felt best fit the Lake Orion community, such as whether to allow or not allow retailers, provisioning centers, distributors, growers, processors, transporters, micro-businesses and designated consumption establishments.

“We would rather develop our own ordinance that would have the provisions that the community’s in support of,” Young said. “Instead of maybe having somebody submit a petition that would not factor in all the different aspects of having the facilities, or might have, in town.”

The village has heard interest from developers who want to include retail dispensaries in their development proposals, Young said.

Residents comments about a proposed marijuana ordinance in Lake Orion

Resident Tonya Hamilton sent a letter to the village against having dispensaries in the village.

“Although studies show time and time again that marijuana has a negative impact on youth (negatively impacting school performance, mental health and brain development) based on 2018 data taken from the Michigan Profile for Healthy Youth (MiPHY) survey, the majority of Lake Orion High School students do not consider marijuana to be a great risk to their health or wellbeing. This is in large part to marijuana becoming socially acceptable and normalized. We should be trying to change this. The greatest asset the Lake Orion community has is our people. We are a family-oriented community focused on protecting our youth and providing families with the resources they need to help our children succeed.

“How will marijuana businesses not increase the normalcy and accessibility of this brain altering substance? Does the decision to sell a few marijuana licenses to bring in a little revenue justify the physical, mental, emotional and economic risks these facilities bring to our families? Are we ready to consider pot shops one of our neighbors? Are we ready for window shopping to become a stroll past the gift shop, embroidery and dispensaries? Our kids see this,” Hamilton wrote.

Pastor Eric Johnson of King of Kings Lutheran Church said he was writing the village as a faith leader, small business owner and nonprofit board member, father and resident of Orion Township.

Johnson wrote he was conflicted about the topic of marijuana. “I confess that I am not an expert in any way, shape or form on this issue, but I do hold opinions related to it.

“On the one hand, I believe that the criminalization of marijuana use has led to massive inequities in our justice system (particularly along racial and socio-economic lines) and, on the whole, has not served us well as a society.

“I also believe that, for some conditions, marijuana has medical benefits when taken under the care of a prescribing physician.

“However, I am deeply concerned with the risk marijuana use poses, particularly to young people, and worry about the impact normalization usage will have on our community and in our schools.”

Johnson said he asks himself the question: “Under what circumstances would I support marijuana usage in my own family?

“With that question in mind, I am adamantly opposed to businesses that would service recreational marijuana usage,” Johnson wrote. “However, I do see the merit of exploring businesses that service medical marijuana usage with the caveat that these businesses be closely monitored.”

Lisa Baldwin sent a public comment, saying she’s been a resident since 1997.

“I oppose the placement in Lake Orion of any marijuana dispensaries for any reason, medical or otherwise. My biggest concern is the health and wellness of our youth.”

Baldwin added that a dispensaries’ presence in the community gives the perception of acceptance and allowance. “Why have a store present in the community that helps them justify marijuana’s use?”

She was also worried about youth becoming addicted to marijuana, noting that she has family members and friends whose youth have issues with marijuana already and people cope by using greater amounts.

“I also feel it would attract great crime and individuals who are struggling more in life and have issues with addiction,” Baldwin wrote. “Also, this would lower property values due to this industry overall is considered risky lifestyle that leads to other living issues.”

Eleven village residents and 12 township residents sent in form letters supporting the village opting in to medical and recreational marijuana facilities.

“I stand with the majority of the residents in Lake Orion who voted in favor of the 2018 recreational marijuana initiative.”

The letter also states that these residents support the zoning ordinances that would allow recreational marijuana facilities to be located in the south end of the village.

Letters signed by residents Paul Burke, Dylan Campbell, Rodney Delreal, Michael Dunaskiss, Kevin Eckert, Jeremy Gross, Justin McBride, Christopher Nightingale, Paul Smith, Paulette Zacharek. Non-residents: Jordan Begert, Michele Begert, Aaron Boyd, James Clemens, Hayley Dendel, Kristi Fiorillo, Sean Fiorillo, Alan Rifenbark, Emma Sylvain, Rebecca Sylvain, Christopher Wesley and Erika Beard.