Some Pontiac voters confused by fragmented recreational marijuana ballot question

Betty Montgomery is confused about Pontiac’s recreational marijuana question on the upcoming Feb. 27 ballot. She’s not the only one.

The 85-year-old Pontiac resident has been active in the community for most of her life and follows ballot issues but said she’s never been seriously involved in politics.

“I don’t know whether to vote ‘yes’ or ‘no,’ ” Montgomery said. “I have no problem with marijuana, as long as it’s done right and it’s not out there being pushed upon people just for profit. And that’s what it seems now.”

The two-page, 1,400-word ballot question summarizes nearly two dozen changes to Pontiac’s existing recreational marijuana ordinance. The original ordinance passed in April 2023 and the amendments were approved by the council in October.

Pontiac voters approved medical marijuana sales in 2018, but the previous city administration didn’t issue permits. The current administration took office in 2022 and issued conditional medical marijuana permits to five growers, two processing facilities, and 20 retailers. All must meet city standards before opening.

In the six years between voter approval and issuing conditional permits, recreational sales began in other communities and it became unprofitable for Pontiac cannabis businesses to open without a recreational permit.

The city council passed a recreational marijuana ordinance in April 2023. The Jenison, Mich.-based Sensible Cannabis Reform for Pontiac campaign, unhappy with the city’s plans, collected enough signatures to ask voters to accept or reject the ordinance on the November ballot, effectively halting Pontiac’s ability to accept recreational business applications.

Donors included $45,000 from West Bloomfield resident Dennis Jaboro, $58,883.58 from East Lansing-based cannabis retailer Pleasantrees and $48,883.58 from Royal Oak-based Pontiac OPS, and $30,000 from Nature’s Remedy of Ferndale and ACM Investment Group of West Bloomfield, both owned by Walter Manju, according to state campaign-finance filings.

City officials negotiated with some of the group’s members and amended the ordinance to keep the question off the November ballot. Manju’s donations to Sensible Cannabis Reform in Pontiac were refunded in September.

The council’s October amendments were challenged by Citizens for Equitable Cannabis Reform, a group represented by Manju’s attorney, James Allen Sr., according to state records.

A lawsuit to put the entire ordinance on the ballot failed, otherwise voters would have received a 42-page ballot, said Oakland County Clerk Lisa Brown. Voters will only see a summary of the amendments on the Feb. 27 ballot.

Montgomery, the resident, said she and her friends are concerned about the ballot language, which she called confusing.

“You couldn’t read it,” she said. “Then (the city) said they were sending around something so you could read it … it doesn’t tell you how many areas in the city where they want to put these places.”

Adding to the confusion, said Council President Mike McGuinness, is that Sensible Reform for Pontiac recently sent a letter to city residents asking them to vote “no” and suggesting it was backing the city’s position.

“(Sensible Reform’s) letter was not from the Pontiac city council nor from city administration,” he said. “It was not authorized. It is not, in my opinion, accurate. It was highly misleading.”

On Tuesday, he asked the city to create a list of frequently-asked questions.

Later in the week, Pontiac voters got a different message from Sensible Reform in a postcard urging voters to approve the ballot question. Both the campaign messages suggest they support the city’s position.

McGuinness said the city isn’t campaigning for or against the ballot question, adding that the ballot question is confusing because it is long and based on amendments to an ordinance rather than a proposed ordinance.

“It’s rare to have a ballot proposal with that many words,” he said. “We understand. It’s dense. It’s text heavy and we want residents to have a full understanding of where it’s at.”

Mayor Tim Greimel said a “yes” vote means amendments approved in October, Ordinance 2424, will go into effect. A “no” vote would reject the amendments and the recreational ordinance approved in April would stand, he said.

City Clerk Garland Doyle said regardless of how people vote, recreational marijuana will remain legal in Pontiac.

Councilman William Carrington said groups fighting Pontiac’s marijuana ordinances “have done damage to the city.”

He regrets not being proactive in talking to residents about the ordinance and the ballot question and hopes voters can make good decisions based on facts.

Among the changes to April’s ordinances that voters will consider:

•  Those applying for recreational permits may qualify as social-equity businesses if they are owned 51% or greater by qualified applicants. State rules lower fees for marijuana businesses owners who qualify for social equity status. Qualifications include being in a community that has suffered five or more years from higher arrest and conviction rates before marijuana was legalized; being a caregiver; having a misdemeanor or felony marijuana conviction.

• Criminal background checks would be required for each applicant and anyone in management, and businesses would be required to submit plans for building social-equity programs, operating standards and for communicating with area neighbors.

• Property owners within 1,500 feet of the business’ location will be notified of plans

Some changes are more complex.

For example: Medical marijuana businesses with existing social-equity qualifications and final approval to open would get 30 more points in a points-based application process when applying for a recreational permit. The complete list of amendments is online at https://www.pontiac.mi.us/departments/clerk/medical_marihuana.php.

Pontiac resident Beatrice Wright wants voters to approve the amendments. They include social equity requirements for cannabis businesses so Pontiac residents disproportionately jailed when marijuana was illegal would get a chance to benefit from legalization, she said.

“We should have drivers. We should have people who sell and we should have people who grow,” she said at a recent city council meeting. “We should have people who inspect and so on.”

Allen, the attorney, said it doesn’t matter which way the vote goes. Manju sued the city over earlier marijuana application points for a business he planned on Walton Boulevard.

Allen said while some businesses negotiated with the city to accept the ballot outcome, Manju did not because while he received a medical marijuana permit and invested thousands of dollars in renovating his building at 939 Orchard Lake Road, the city’s rules for recreational marijuana eliminated the district for that building.

“Whatever happens at the ballot box, there will be another ballot initiative,” Allen said.

The competitive market and long delays have eroded interest in Pontiac for marijuana business owners, Allen said.

Early voting in Oakland County: What you need to know

“The environment will be so competitive with so many licenses,” Allen said. “People are not going to put a $7 or $8 million dispensary next to another one.”

Early and absentee voting options will give Pontiac residents more time to consider their vote. They will have three ballot options: A Republican presidential primary ballot that includes the Pontiac marijuana question; one for a Democrat primary, or one with just the marijuana question.

The Feb. 27 election will result in city council re-scheduling its regular Tuesday meeting to Thursday, Feb. 29.

Author: CSN