818.01 Prohibition on recreational marihuana establishments.
818.02 Medical marihuana facilities prohibited.
818.03 Medical marihuana rights not affected.
818.04 Transportation and other rights not affected.
818.05 Use or possession of marihuana on City property is prohibited.
818.06 Prohibition on sale and consumption of marihuana in public places.
818.07 Municipal civil infraction
818.08 Automatic expiration of chapter.
CROSS REFERENCES
Marihuana regulation and taxation - see M.C.L.A. Secs. 333.27951 et seq.
Medical marihuana - see M.C.L.A. Secs. 333.26421 et seq.
Any and all types of a “marihuana establishment,” as that term is defined and used in Michigan Initiated Law 1 of 2018, commonly known as the Michigan Regulation and Taxation of Marihuana Act, are completely prohibited in the City and may not be established or operated in any zoning district, by any means, including by way of a variance. The City of Hart has determined that the licensing of marihuana facilities or establishments within the City should not be permitted for policy reasons, including public safety, law enforcement concerns and the limited amount of appropriately zoned space for certain of these facilities and establishments. Pursuant to this chapter, the City specifically prohibits, and does not in any way authorize, the issuance of licenses authorizing state-licensed marihuana facilities or establishments to locate and operate within the City. This prohibition shall also include all marihuana establishment licenses and activities established by rules promulgated under the Initiated Law 1 or associated statutes. The Zoning Board of Appeals shall not have jurisdiction to consider a use variance that would allow the licensing or operation of a marihuana establishment.
(Ord. 19-03. Passed 10-8-19.)
Public Act 281 of 2016 provided for state licensing of certain defined marihuana facilities, including growers, processors, provisioning centers, safety compliance facilities and secure transporters (“marihuana facilities”). Section 205 of Act 281 provides that a marihuana facility shall not operate in a municipality unless the municipality has adopted an ordinance that authorizes that type of facility. Pursuant to this chapter, the City specifically prohibits, and does not in any way authorize, the issuance of licenses authorizing state-licensed marihuana facilities or establishments to locate and operate within the City. This prohibition shall also include all marihuana establishment licenses and activities established by rules promulgated under the Initiated Law 1 or associated statutes. The Zoning Board of Appeals shall not have jurisdiction to consider a use variance that would allow the licensing or operation of a marihuana facility, and unless this chapter is amended, nothing in the ordinances of the City of Hart shall be construed as satisfying the requirement in M.C.L.A. Sec. 333.27205(1)(a), which requires that prior to issuance of a license, a copy of the local ordinance authorizing a marihuana facility be submitted to the State of Michigan.
(Ord. 19-03. Passed 10-8-19.)
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