(A) It is the intent of this chapter to authorize the establishment of certain types of marijuana establishments in the City of Hamtramck and provide for the adoption of reasonable restrictions to protect the public health, safety, and general welfare of the community at large; retain the character of neighborhoods; and mitigate potential impacts on surrounding properties and persons. It is also the intent of this chapter to help defray administrative and enforcement costs associated with the operation of a marijuana establishment in the City of Hamtramck through imposition of an annual, nonrefundable fee of not more than $5,000 on each marijuana establishment licensee, or other such fee as authorized in the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.27101 et seq., and the Michigan Regulation and Taxation of Marijuana Act, M.C.L.A. §§ 333.27951 et seq.
(B) Nothing in this chapter is intended to grant immunity from criminal or civil prosecution, penalty, or sanction for the cultivation, manufacture, possession, use, sale, or distribution of marijuana, in any form, that is not in compliance with the in the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.27101 et seq., the Michigan Regulation and Taxation of Marijuana Act, M.C.L.A. §§ 333.27951 et seq.; the Marihuana Tracking Act, M.C.L.A. §§ 333.27901 et seq.; and all other applicable rules promulgated by the State of Michigan.
(C) As of the effective date of this chapter, marijuana remains classified as a Schedule 1 controlled substance under the Federal Controlled Substances Act, 21 U.S.C. Sec. 801 et seq., which makes it unlawful to manufacture, distribute, or dispense marijuana, or possess marijuana with intent to manufacture, distribute, or dispense marijuana. Nothing in this chapter is intended to grant immunity from any criminal prosecution under federal laws.
(Ord. 2021-01, passed 2-9-2021)