(A) The purpose of this subarticle is to exercise the police, regulatory, and land use powers of the city by licensing and regulating cannabis operations to the extent permissible under state law and regulations and to protect the public health, safety, and welfare of the residents of the city and those within the city boundaries.
(B) The city finds that the activities described in this subarticle are significantly connected to the public health, safety, security, and welfare of its residents and therefore necessary to regulate and enforce safety, security, fire, police, health, and sanitation practices related to such activities and also to provide a method to defray administrative costs incurred by such regulation and enforcement.
(C) The city further finds and declares that economic development, including job creation and training, increase and productive land use, and the protection of the public health, safety, and welfare of city neighborhoods and residents are public purposes.
It is not the intent of this subarticle, except as may be required or permitted by law or regulation, to diminish, abrogate, or restrict the protections for medical use of cannabis found in the Michigan Medical Marihuana Act (“MMMA”).
(D) The city adopts this subarticle:
(1) To implement certain provisions of the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, and certain provisions of the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, to protect the public health, safety, and welfare of the residents of the city by setting forth the manner in which specific cannabis operations may be operated within the jurisdiction of the city.
(2) To establish this subarticle pertaining to the regulation of cannabis operations consistent with state law and regulations. Nothing in this subarticle purports to permit activities that are otherwise illegal under state or local law or expressly prohibited by this subarticle.
(3) Further, this subarticle:
(a) Prohibits within the jurisdiction of the city all cannabis activities, operations, licenses, facilities, establishments, and business not expressly permitted under this subarticle, including those licenses under the MRTMA and the MMFLA, except those activities expressly permitted under the Michigan Marihuana Act (“MMMA”), as amended.
(b) Provides for and limits the location and type of cannabis operations, facilities, and establishments licensed under the MMFLA and MRTMA and Department licensees within the jurisdiction of the city.
(c) Provides for and regulates and controls cannabis operations, Department licensees, for the commercial retail sale, processing, secure transportation, and safety compliance testing of cannabis, as set forth herein, and for purposes of implementing specific licensure provided under the Medical Marihuana Facilities Licensing Act and Michigan Regulation and Taxation of Marihuana Act, where such activities will have minimal detrimental impact.
(d) To protect public health and safety through reasonable limitations on cannabis operations, Department licensees, and commercial operations, and limitations upon other cannabis related activities provided under the MMFLA and MRTMA, as they relate to noise, odor, and water quality, neighborhood safety, security for the cannabis operation and its personnel, and other health and safety concerns.
(e) To provide fees to defray and recover the costs to the city of the administrative, fire, and police costs associated with cannabis operations, and permitted cannabis activities as provided under the MMFLA and MRTMA, as permitted under this subarticle.
(4) This subarticle authorizes the establishment of specific cannabis operations, facilities and establishments within the city, consistent with the provisions of the MMFLA and MRTMA, and with regulations enacted by the Department, and subject to the following:
(a) Nothing in this subarticle is intended to promote or condone the commercial cannabis cultivation and grow, processing, transportation, testing, production, distribution, sale, or possession of cannabis in violation of any applicable law.
(b) This subarticle is to be construed to protect the public over cannabis operations and licensee interests. The operation of cannabis operations is a revocable privilege and not a right in the city. There is no property right for a person or establishment to engage in or obtain a license to engage in cannabis as a cannabis facility, establishment, or cannabis operation or enterprise within the jurisdiction of the city.
(c) All licensees and their employees and agents are assumed to be fully aware of the law; the city shall not therefore be required to issue warnings before issuing citations or other enforcement measures for violations of this subarticle or any applicable city ordinance, regulation, or state law or regulation.
(Ord. 2023-06, passed 8-21-2023)