Edenz Hydro Gardening Store Lapeer

Mike Bahoura, a Troy-based attorney and marijuana entrepreneur, has been approved to open a medical marijuana dispensary by the City of Lapeer in this largely vacant strip mall at 1330 Imlay City Road in Lapeer. Photo by Jeff Hogan

LAPEER — Mike Bahoura doesn't want the City of Lapeer to opt out of allowing recreational marijuana businesses to operate in the community. He has good reason.

Bahoura, a Troy attorney who specializes in marijuana law and has pending licenses for medical marijuana dispensaries in several metro Detroit communities, attended a Monday evening meeting of the Lapeer City Commission where planning consultants outlined the new recreational marijuana initiative that voters passed in November. Bahoura is one of six applicants to be granted a provisional license by the City of Lapeer to operate a medical marijuana dispensary in the city. His store is proposed for a location at 1330 Imlay City Road (east of Frank's Foods).

"I just want you to know by my reading of the law, if you don't opt out there's not going to be recreational marijuana stores opening up. They still have to follow the law," said Bahoura, who noted that the Michigan Dept. of Licensing and Regulatory Affairs (LARA) has said for the first two years (effective December 2019) it will only allow businesses approved to sell medical marijuana to sell recreational marijuana to people age 21 and over.

Unlike what happened with medical marijuana where municipalities had to officially opt in to allow businesses in their communities, under the new provision if municipalities don't opt out via ordinance regulation they've effectively "opted in." In other words, by doing nothing municipalities would allow recreational marijuana businesses to open.

At Monday's meeting, there were 17 people in the audience who came for the marijuana presentation and to offer public comment including local marijuana advocate and criminal defense attorney Bernard Jocuns.

"The people and voters have spoken. It (recreational marijuana) passed in the county by the majority of the people at large. It's time to make this happen," Jocuns said.

George Brikho is No. 7 on the list of highest points earned for his medical marijuana dispensary application submitted to the City of Lapeer. He owns Edenz Hydro Gardening store on Imlay City Road that caters predominantly to customers who grow marijuana.

Brikho also spent more than $1 million to purchase a former dermatology center building and property (across from the Sears store) on Imlay City Road where he sought to open a multi-use marijuana complex that would feature a dispensary as well as a 80,000-squarefoot marijuana grow facility on a rear portion of the property. He's one of about a half-dozen individuals who have sued the City of Lapeer to challenge the merit-based scoring system the City used to determine the top six point winners to obtain a medical marijuana dispensary license. The applicants await LARA approval before they can move forward with plans to open their stores in Lapeer.

"I believe the City should opt in and open it open up to the free market and remove the cap of six businesses. I want everyone to succeed, but let the market decide who stays open and who closes," Brikho said.

The Commission heard from seven individuals who spoke, including Dryden Township resident Mark Calvert who began to ask a question of city attorney Mike Nolan regarding marijuana issues when he was halted by Mayor Bill Sprague who explained public comment time could only be used to address officials, not engage in a two-way conversation.

The Commission did not take any action following the recreational marijuana presentation by Rowe Professional Services Planning Consultant Caitlyn McGoldrick. Municipal officials in Lapeer, Lapeer County and across Michigan have until this autumn to decide whether they will opt their communities in or out of recreational marijuana.

In other business:

• The Commission approved a contract with Rowe Professional Services in the amount of $46,295 to provide design engineering services to the City of Lapeer Dept. of Public Works for a rehabilitation project planned this summer of Davison Road.

The $750,000 project will include rehab of Davison Road from the roundabout at the Lake Nepessing Road intersection eastward to the west side of the DeMille Blvd./Millville Road intersection. Work will include milling, pavement repair, a three-inch asphalt overlay, shoulder and drainage improvements, striping and new street signs.

The Michigan Dept. of Transportation provided a $375,000 grant toward the project.

• The Commission approved two leases with Terry Jostock of Jostock Farm to farm two City of Lapeer-owned parcels this year. The City now only has two properties available for farming after it leased land to DTE Energy to develop two solar array fields on property that was formerly farmed.

Jostock will lease 20 acres off Clark Road this year for $2,120 and another 53 acres off of Clark Road behind the soccer fields for $5,618.

• The Commission approved a proclamation to commemorate Jan. 20-26 as City of Lapeer School Choice Week in the community to recognize that the city is home to a "multitude of excellent education options from which parents can choose for their children."

The resolution states, "Quality education is critically important to the economic vitality of the City of Lapeer and that educational variety not only helps to diversify our economy, but also enhances the vibrancy of our community."

• The Commission approved the introduction of a request by McLaren Lapeer Region to rezone three single-family residential parcels on Barry Drive (purchased by McLaren Lapeer) from residential to office service to permit the hospital to proceed with plans to develop a medical campus on the property.

McLaren Lapeer plans to build a 90,000-square-foot ambulatory care building just west of the hospital and replace the current Barry Drive with a private drive to be located about 100 feet west of the current roadway. The $25 million project may break ground late next autumn.

The private drive will be still be open to area residents, hospital and Karmanos Cancer Institute patients and visitors and will connect Adams Street to the south to Knollwood Drive to the north.

The rezoning request will come up for a second vote at the next meeting of the Commission on Jan. 21.