(A) It is the intent of this chapter to authorize the establishment of certain types of marijuana facilities in the Village of Manchester 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 facility in the village through imposition of an annual, nonrefundable fee set annually by resolution of the Village Council on each medical marijuana facility licensee and recreational marijuana facility. Authority for the enactment of these provisions is set forth in the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.27101 et seq. and Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) 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 Michigan Medical Marihuana Act, Initiated Law 1 of 2008, M.C.L.A. §§ 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.27101 et seq.; the Marihuana Tracking Act, M.C.L.A. §§ 333.27901 et seq.; Michigan Regulation and Taxation of Marihuana Act (Initiated Law 1 of 2018) 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. § 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. 315, passed 12-19-2022)