(a) The Michigan Medical Marihuana Act, Initiated Law 1 of 2008; MCL §333.26421, et seq., referred to as the Medical Marihuana Act, was approved by the electors of the State of Michigan to allow under State law, the possession, use, cultivation, and distribution of marihuana by registered qualifying patients and registered primary caregivers as provided in the Medical Marihuana Act.
(b) The Michigan Medical Marihuana Facilities Licensing Act, Act 281 of 2016, MCL §333.27101, et seq., referred to as the Medical Marihuana Facilities Act, was enacted to license and regulate under State law, medical marihuana facilities listed as growers, processors, provisioning centers, secure transporters, and safety compliance facilities for commercial medical marihuana transactions as provided by the Medical Marihuana Facilities Act; and further provides that a State operating license shall not be issued for a medical marihuana facility to operate within a municipality unless the municipality unless the municipality has adopted an ordinance authorizing the operation of that type of facility.
(c) The Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, referred to as the Marihuana Act, was approved by the electors of the State of Michigan to allow under State law, the possession, use, cultivation, processing, transportation, and sale of marihuana by persons 21 years of age or older; and the operation of State licensed marihuana establishments listed as marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter or other marihuana related business licensed by the State; and further provides in Section 6.1 that a municipality may completely prohibit marihuana establishments within its boundaries.
(d) It is the intent of this chapter to comply with all Michigan marihuana laws and to protect the public health, safety, and general welfare of persons and property in the community. Nothing in this chapter shall be construed to undermine or provide immunity from an applicable State or federal law that may be enforced by federal, State, or local government. The adoption of this chapter shall not have the effect of superseding or nullifying State or federal law applicable to the possession, use, cultivation, processing, transportation, distribution, of marihuana.
(Ord. 19 1004. Passed 7-17-19.)