(A) Purpose. The purpose of this chapter is to implement the provisions of Public Act 281 of 2016, being the Michigan Medical Marihuana Facilities Licensing Act (MMFLA), to protect the public health, safety, and welfare of the residents and patients of the City by setting forth the manner in which medical marihuana facilities can be operated in the City. Further, the purpose of this chapter is to:
(1) Authorize the establishment of medical marihuana facilities within the City and provide standards and procedures for the review, issuance, renewal, and revocation of City-issued permits for such facilities;
(2) Impose fees to defray and recover the cost to the City of the administrative and enforcement costs associated with medical marihuana facilities; and
(3) Coordinate with laws and regulations enacted by the state addressing medical marihuana.
(B) Legislative intent. This chapter authorizes the establishment of medical marihuana facilities within the City consistent with the provisions of the Michigan Medical Marihuana Facilities Act, and subject to the following:
(1) The use, distribution, cultivation, production, possession, and transportation of medical marihuana remains illegal under federal law, and marihuana remains classified as a "controlled substance" by federal law. Nothing in this chapter is intended to promote or condone the production, distribution, or possession of marihuana in violation of any applicable law. Nothing in this chapter is intended to grant immunity from any criminal prosecution under state or federal law. This chapter does not protect patients, caregivers, or the owners of properties on which a marihuana commercial operation is conducted from prosecution or having property seized by federal law enforcement authorities.
(2) This chapter is to be construed to protect the public interest over medical marihuana facility interests. The operation of a licensed medical marihuana facility is a revocable privilege and not a right in the City. Nothing in this chapter is to be construed to grant a property right for an individual or business entity to engage, obtain, or have renewed, a City-issued permit to engage in the use, distribution, cultivation, production, possession, transportation or sale of medical marihuana as a commercial enterprise in the City.
(3) Any individual or business entity which engages in the use, distribution, cultivation, production, possession, transportation or sale of medical marihuana as a commercial enterprise in the City either prior to or after the enactment of this chapter without obtaining the required authorization required by this chapter is deemed to be an illegally established use, and is not entitled to legal nonconforming status under this chapter, the City zoning ordinance, or state law.
(4) Nothing in this chapter is intended to grant immunity from criminal or civil prosecution, penalty or sanction for the cultivation, manufacture, possession, use, sale, distribution or transport of marihuana in any form, that is not in strict compliance with the Michigan Medical Marihuana Act, the Medical Marihuana Facilities Licensing Act, the Marihuana Tracking Act, and all applicable rules promulgated by the State of Michigan regarding medical marihuana. Strict compliance with any applicable state law or regulation is deemed a requirement for the issuance or renewal of any permit issued by the City-issued under this chapter, and noncompliance with any applicable state law or regulation shall be grounds for revocation or nonrenewal of any permit issued under the terms of this chapter.
(C) Indemnification of City.
(1) By accepting a permit issued pursuant to this chapter, the holder waives and releases the City, its officers, elected officials, and employees from any liability for injuries, damages or liabilities of any kind that result from any arrest or prosecution of medical marihuana facility owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations.
(2) By accepting a permit issued pursuant to this chapter, the holder agrees to indemnify, defend and hold harmless the City, its officers, elected officials, employees, and insurers, against all liability, claims or demands arising on account of any claim of diminution of property value by a property owner whose property is located in proximity to a licensed medical marihuana facility, arising out of the operation of a medical marihuana facility or any claim based on an alleged injury to business or property by reason of a claimed violation of the federal Racketeer Influenced and Corrupt Organizations Act (RICO), 18 U.S.C. §1964(c) .
(D) Reservation of legislative prerogative.
(1) The City Commission reserves the right to amend or repeal this chapter in any manner, including, but not limited to the complete elimination of any type or number of medical marihuana facilities authorized to operate in the City.
(2) Nothing in this chapter may be held or construed to grant or "grandfather" any medical marihuana facility a vested right, license, permit or privilege to continued operations within the City.
(Ord. 749-10-19, passed 10-7-19)