MIDLAND — Medical marijuana will not be a booming business in the city of Midland any time soon.

The city approved a zoning text amendment that will prohibit medical marijuana dispensaries and co-ops within the city limits after it is published. City Manager Jon Lynch said it typically takes a week or two for publication in the newspaper.

"The language we are considering would prohibit any business or organization in violation of local, state or federal law from operating within the city limits," said Keith Baker, director of planning and community development. "Because the possession, growing and distribution of marijuana is still prohibited by federal law, we will be banning those establishments within the city limits."

The amendment is not intended to impede patients who are qualified to use medical marijuana or caregivers who are licensed to grow marijuana for a limited number of patients.

This zoning amendment was born out of the vagueness of the state's 2008 Medical Marijuana Act, which allowed for patients suffering from debilitating illnesses to have access to marijuana as a treatment method. Qualified caregivers, or growers, are licensed through the Department of Community Health to provide marijuana to up to five qualified patients.

Caregivers must be 21 years old and cannot have been convicted of a felony involving illegal drugs.

According to Baker, the law prohibits additional people from becoming involved in the distribution of medical marijuana which is why the city has opted to prohibit dispensaries and co-ops. In addition, he stated that caregivers are not allowed to be compensated for either their time or profit from their growing activities.

Mayor Maureen Donker summarized the intent behind the zoning text amendment for clarity after the staff presentation.

"Essentially, if I am a caregiver, I do not become a pharmaceutical company," she said.

City Attorney James Branson cautioned the city council that this may not be the last they hear of this issue.

"I do see where this could be a challenge," he said. "You could have a patient or a caregiver say this is hampering his or her ability to follow the law, but I feel this is the best way to address the issue. It is a way of moving forward with the limited guidance that you have at this time."

Baker said the staff has been reviewing the Medical Marijuana Act and other municipalities' handling of the issue for months in preparation of this amendment. Midland has become the 12th municipality to ban dispensaries and co-ops.

The text of the amendment is available online at www.midland-mi.org.