Politics & Government

Birmingham Struggles with Where to Stash Marijuana Operation

City officials say they want to comply with recent court rulings stating they can't turn away grow operations, but good options are scarce.

Officials in Birmingham, ordered by the court to accommodate medical marijuana growing operations, are struggling to find a location for the operations in the 4.8-square-mile city that is fully developed.

Officials want discreet location, where the pungent smells of the plants won’t create a nuisance and where adequate buffer zones can separate the growing operation from residential neighborhoods, Hometownlife.com reports.

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For years, city officials declined to allow the growing operations, legal under the state’s medical cannabis law approved by voters in 2008, City Attorney Tim Currier said municipalities can no longer turn away the operations. Under the law, caregivers are allowed to grow up to 72 marijuana plants.

But it’s not a turnkey operation, city officials said Monday at a work session where the issue was on the agenda. Officials want to comply with the ruling, but conflicts between state and federal law create some difficulties.

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“It’s still a federal crime,” he said. “Don’t believe you’re totally safe if you want to go out and smoke a joint tonight and have a drink ... you couldn’t have a worse situation. It’s a mess.”

Currier thinks it’s only a matter to time before someone files a lawsuit against the city to force the issue.

City Commissioner Scott Moore said it’s important for city officials to strike the right balance.

“It took us how many years to get a dog park … and now you’re going to have a grow facility for marijuana?” Moore said. “Really?”

Some possible locations have been identified, but they all have drawbacks.

For example, the Rail District along Eton Road between Maple and Lincoln has limited access and is near the police shooting range, but the family friendly area is also seeing rapid commercial and residential growth.

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