(A) The city intends to issue permits to regulate marihuana facilities to the extent they are permitted under the Michigan Medical Marihuana Facilities Licensing Act and the Michigan Regulation and Taxation of Marihuana Act so as to protect the public health, safety, and welfare of the residents of the city by setting forth the manner in which marihuana facilities can be operated in the city;
(1) Protect public health and safety through reasonable limitations on marihuana facility operations as they relate to noise, air and water quality, neighborhood and patient safety, security for the facility and its personnel, and other health and safety concerns;
(2) Protect the character of residential neighborhoods by limiting the location and the concentration of types of marihuana commercial entities to specific areas of the city; and
(3) Impose fees to defray the cost to the city of the administrative and enforcement costs associated with marihuana facilities.
(B) Relationship to other laws. As of the effective date of this chapter, marihuana is classified as a Schedule 1 controlled substance under federal law which makes it unlawful to manufacture, distribute, cultivate, produce, possess dispense or transport marihuana. Nothing in this chapter is intended to grant immunity from any criminal prosecution under 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 and nothing in 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 all applicable laws and rules promulgated by the State of Michigan and the City of the Village of Douglas regarding medical marihuana.
(Ord. 01-2020, passed 2-17-2020)