KALAMAZOO, MI — City Attorney Clyde Robinson suggested the city of Kalamazoo opt out of allowing recreational marijuana for a year, after he delivered a presentation about the state’s new marijuana law Monday night.

“There’s a lot of contradictory language, and there is some gaps in the language, and it’s subject to multiple interpretations,” Robinson said.

He presented three recommendations during a special meeting on the newly-legal plant Monday, April 29, at Kalamazoo City Hall. Ultimately, Robinson suggested the city go with one that may stir controversy, proposing Kalamazoo temporarily opt out of allowing recreational marijuana businesses.

If the city later acts on Robinson’s proposal, no recreational marijuana businesses would be permitted in the city. He suggested an opt-out ordinance with a sunset date, meaning it would expire on that date.

The state is working to establish rules for several categories of recreational businesses, Robinson said, including growers, processor, transporters, safety compliance facility, retailer and micro-businesses, and a category he called a catch-all, which could include any other marijuana business.

The state rules could be finished before the December deadline, meaning the city has to make a decision in the coming months.

“We do not have until December to determine what we want to do," Robinson said. "We’re going to have to do it much sooner. People are going to be knocking on our doors as soon as those state rules are ready.”

Robinson outlined a number of questions and potential issues he sees related to the recreational marijuana law.

The statue says a community that opts in cannot prohibit a grower, processor, and retailer from co-locating in the same zone, Robinson said. The state statue may allow recreational marijuana businesses to open in residential areas in communities that opt in, but that point is uncertain, he said.

The plant remains illegal on the federal level, so it remains cash oriented, and can be a target for crime, Robinson said. Processing can involve use of flammable materials, Robinson said, and large amounts of marijuana can produce odors.

City Manager Jim Ritsema, left, and Kalamazoo Mayor Bobby Hopewell during a meeting about recreational marijuana in the city.

He said there are issues with how legal marijuana is handled when someone is arrested. The jail can’t hold it, he said, and there is a question if law enforcement can give it back to its owner following an arrest.

If a community opts in and sets a maximum number of businesses, the law requires cities use a competitive process to select applicants, Robinson said, which is also unclear.

“Are we going to make them run a 100 yard dash?" he asked. “I don’t know.”

To select medical marijuana businesses to approve for licenses, he said, the city of Kalamazoo used a lottery system, as did Grand Rapids.

If the city opts in and allows recreational businesses, Robinson said, Kalamazoo would get a portion of statewide taxes collected from recreational marijuana sales.

City Commissioner Jack Urban asked, “The sooner we opt out, the sooner you can spend time on other issues of the city?”

Robinson said yes. Deciding to allow recreational businesses would mean a significant workload in the summer months to prepare, he said.

Michigan voters approved a proposal in 2018 to legalize the adult use and possession of marijuana. In the wake of legalization, several businesses have popped up across the state, embracing the loosening regulations in a variety of ways.

In Kalamazoo, Rupert’s Brewhouse is allowing marijuana use on site during private club events.

“Opt in. If you opt out, you’re going to be behind,” Rupert’s Brewhouse Owner Mark Rupert said during Monday’s meeting.

Several other citizens spoke, presenting a variety of opinions on the topic.

Some speaking said the city should opt out, for now. One resident said she has noticed more marijuana use in the city since it has been legalized, and is concerned.

“We want to do it right,” City Commissioner David Anderson said following the meeting. Anderson said the commission still has time before the state rules will be in place, and should be smart and intentional about how they proceed.

The state is currently working to establish rules for recreational marijuana businesses.

An unofficial document provided by the Department of Licensing and Regulatory Affairs, updated on April 18, shows eight governments in Kalamazoo County that have opted out of allowing recreational marijuana businesses, at this time: Brady Township, Charleston Township, Cooper Charter Township, Portage, Prairie Ronde Township, Ross Township, Schoolcraft and Texas Charter Township. Additionally, Galesburg opted out of allowing recreational marijuana on April 1.

Adjacent to Kalamazoo, in Portage, the city commission voted in November 2018 to prohibit recreational marijuana businesses within city limits, with plans to revisit the issue in the future. Portage City Manager Larry Shaffer said in April that he plans to continue to recommend to the city commission stand down on further action on the issue until after the state has developed its rules.

Local governments across Michigan are tackling the issue of potential regulation of recreational marijuana, a process that has some similarities to how governments created medical marijuana businesses. In Kalamazoo, the city previously voted to allow medical marijuana businesses, though many of the approved businesses still have not opened at this time.

One difference between the two processes is that governments had to “opt in” to allow medical marijuana businesses, otherwise they are not permitted. For recreational marijuana businesses, municipalities can choose “opt out" of allowing certain businesses, such as retail shops and growing operations.

The commission did not take any action Monday, and Mayor Bobby Hopewell said it would likely come at a future meeting.