(A) It is the intent of this chapter to authorize the establishment of certain types of medical marihuana facilities in the Village of Kingsley 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 marihuana facility in the Village of Kingsley through imposition of an annual, nonrefundable fee of not more than $5,000.00 on each medical marihuana facility licensee. Authority for the enactment of these provisions is set forth in the Medical Marihuana Facilities Licensing Act, being M.C.L.A. §§ 333.27101 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 marihuana, in any form, that is not in compliance with the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, being M.C.L.A. §§ 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, being M.C.L.A. §§ 333.27101 et seq.; the Marihuana Tracking Act, being 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, marihuana 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 marihuana, or possess marihuana with intent to manufacture, distribute, or dispense marihuana. Nothing in this chapter is intended to grant immunity from any criminal prosecution under federal laws.
(Ord. 2017-03, passed 11-13-2017)