Item will be on the ballot in February
By Barb Pert Templeton
Having a marijuana dispensary in the city of Algonac is something that will be decided by voters as members of the city council recently approved placing it on a February 2024 ballot.
The issue, which was on the agenda at a regular bi-monthly council meeting on Dec. 5, came about after the city received a petition with 353 signatures seeking to repeal the city’s current ordinance. The ordinance – Division 5-Marijuana Section 26-295 “Prohibition of Marijuana Establishments” – would be replaced with a new one allowing one dispensary.
The dispensary, with both medical and recreational marijuana, would be licensed by the state and located in a commercial district within the boundaries of the city.
Once the petitions were submitted to the council, they in turn had 30 days to do one of the following:
- Adopt an ordinance as submitted by the petitioners.
- Repeal the ordinance, or part thereof, referred to by the petition.
- Determine to submit the proposal provided for in the petition to the electors.
Councilwoman Dawn Davey made a motion for option three, taking the matter to the voters.
A petition with 353 signatures was presented to the City of Algonac asking them to repeal their ordinance against marijuana dispensaries.
A discussion then ensued with members of the council sharing their thoughts on the issue.
“I’m a little bit conservative and old fashion, however, I don’t think I have the right to control what people do in their house or what they spend their money on,” Councilman Michael Bembas said.
He then suggested the council select option number two stating why kick the matter down the road when they could just handle the business and be done with it. Bembas said he would also be fine with selecting option number three.
Mayor Pro Tem Ray Martin said in his opinion it’s a city-wide issue and everyone in the city should have an opportunity to have a say before the council moved on.
“I’d like to know where the majority sits on the issue,” Martin said.
“I agree with Mayor Pro Tem Martin, I’d rather have a vote of the people and let the people decide,” Councilwoman Cathy Harris said.
Councilwoman Dawn Davey then asked the city attorney if the council sends the matter to the people for a vote can the city, in the meantime, write a new ordinance?
City Attorney James Downey said yes, he had discussed that matter with City Manager Denice Gerstenberg and if as is suggested, the issue would pass, the city would be ready with any amendments to the ordinance.
Davey noted that if Algonac allows a dispensary, they will be the second municipality in the county to do so, adding that Port Huron was the first. She said it’s important that residents understand the issue could turn into a litigation nightmare when it comes to issuing licenses.
“My concern is we have one license and (the other community) has three and they are in court right now and now they are going to the court of appeals, this could take forever in court for one license,” Davey said. “They can say you guys messed up the scoring and they’ll file a lawsuit like that….”
“This is the only thing that concerns me, like Mike said it’s going to happen, but now it depends how we are going to deal with it proactively, so we aren’t forced into a position where we don’t have control of it and someone else is telling us how to do it,” Davey added.
Councilman Ed Carter said it took a short time for the petitioners to get 353 signatures so he feels the issue is going to pass. He said he thinks the city could protect themselves from litigation and problems by selecting option two, which was repeal the ordinance in part.
Mayor Rocky Gillis asked the city attorney for his opinion.
Downey said his recommendation was to put it to the electors.
“I think it serves two purposes, it allows everyone a say so and putting it to the end of the year gives the city more time to address potential litigation,” Downey added.
Gillis then called for a vote and the council unanimously approved Option 3 – submitting the proposal provided in the petition to the electors.
Councilman Corey Blair was absent from the Dec. 5, 2023 council meeting.
