Chapter 20: Health

The purpose of this article is to establish standards and procedures for the issuance, renewal, suspension, and revocation of business licenses for medical marijuana facilities and adult-use marijuana establishments consistent with the Michigan Medical Marihuana Facilities Licensing Act, being MCL 333.27101, et seq., and the Michigan Regulation and Taxation of Marihuana Act, being MCL 333.27951, et seq., respectively, to:

(1) Serve and protect the health, safety, and welfare of the general public through reasonable regulation of marijuana business operations including noise, odor, air and water quality, food safety and public safety;

(2) Establish an application fee and a licensing fee for medical marijuana facilities and adult-use marijuana establishments to cover the City’s costs in administering this ordinance;

(3) Establish procedures for application, renewal, suspension, and revocation of a business license for medical marijuana facilities, and for adult-use marijuana establishments;

(4) Minimize adverse effects, if any, from the cultivation, processing, dispensing and storage of marijuana;

(5) Adopt reasonable regulations as needed pursuant to the city’s general police power granted to cities by the Michigan Constitution of 1963 and the Home Rule City Act, being MCL 117.1 et seq.;

(6) Recognize that social equity in the marijuana industry is required to address the historical disproportionate impact of marijuana prohibition and enforcement on Detroiters, and that the City of Detroit has been expressly named by the State of Michigan’s Social Equity Program as a community that has been disproportionately impacted by marijuana prohibition and enforcement;

(7) Recognize that long term residents of the City of Detroit have historically been excluded from ownership opportunities in the legal marijuana industry due to the disproportionate impact of marijuana prohibition, enforcement, and the lack of access to capital, land, and resources; that more than 30% of Detroiters live below the federal poverty level; that Detroit has a marijuana-related criminal conviction rate that exceeds the average marijuana-related criminal conviction rate in the State of Michigan; and that long term Detroit residents have substantially contributed to the economy in the form of taxes and fees to the extent that a reduction in fees, and reservation of adult-use retailer, adult-use grower, adult-use processor, designated consumption, marijuana event organizer, and microbusiness licenses for long term Detroit residents under this article is appropriate as a form of social equity;

(8) Recognize that long term residents of the City of Detroit are uniquely invested, personally and financially, in the success of the City’s marijuana programs and that long term residence is a key predictor of the likelihood that an applicant will operate in compliance with the MRTMA, as applicable.

(9) Recognize that employment opportunities in the legal marijuana industry are essential for Detroiters, and to strongly encourage and incentivize licensees under this article to ensure that at least 50% of its employees are Detroit residents, specifically those Detroit residents who are veterans, low income, or have a prior controlled substance record, as such terms are defined in Section 20-6-2, and that the jobs provided pay at least $15 an hour;

(10) Facilitate real property ownership opportunities for Detroit residents, for the purpose of operating adult-use marijuana establishments licensed under this article and MRTMA; the City of Detroit shall use good faith efforts to transfer eligible City owned real property to one of the City’s economic development agencies or authorities, for the specific purpose of transferring the property to Detroit legacy applicants or licensees, as defined in Section 20-6-2, at 25% of the property’s fair market value. Such a transfer would be subject to applicable approvals by the City of Detroit and the economic development agency or authority board, as well as certain program rules that may be developed. The development and use of the transferred property would be subject to all requirements of this Code and MRTMA;

(11) Recommend that, subject to appropriation, amounts equal to $500,000 of the fees generated from the licenses issued pursuant to this article, and $500,000 from an allocation to the City of Detroit pursuant to M.C.L. 333.27964 be used annually to further social equity goals, including, but not limited to, addressing the challenges set forth in Subsections (6), (7), (8), and (9) of this section; and to 

(12) Clarify that licensure of either a medical marijuana facility or an adult-use marijuana establishment is a revocable privilege and not a right in the City. There is no property right for an individual or business to have a medical marijuana facility business license or an adult-use marijuana establishment business license in the City of Detroit.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21); Amended by Ord. No. 2021-13 (JCC. 3/16/21, Pass. 3/30/21, App. 3/31/21, Pub. 4/6/21, Eff. 3/31/21).

The following words, terms and phrases, when used in this article, shall have the meanings provided in this section:

Adult-use marijuana establishment means a business licensed under the MRTMA and this article operate as a grower, processor, retailer, secure transporter, safety compliance facility, microbusiness, excess marijuana grower, marijuana event organizer, temporary marijuana event, or designated consumption establishment, or any other type of marijuana-related business licensed to operate in accordance with the MRTMA.

Applicant means the entity or individual making application for a license under this article, and includes all members, partners, directors, shareholders, officers, and owners of the entity applying for licensure.

Authorized local official means a Detroit police officer, or other City of Detroit employee or agent designated by the director of the Department, who is authorized to issue violations and perform inspections in accordance with this Code. 

Cap, or numerical cap, means a limit on the number, within a category of license type, of adult-use marijuana establishments and medical marijuana facilities.

Co-location means a property that has been zoned to allow more than one type of medical marijuana facility or adult-use marijuana establishment to operate on the same premises, subject to the applicable rules promulgated in accordance with the MMFLA, the MRTMA, and this Code.

Co-location license means a license required under this Article when a property has been zoned to allow more than one medical marijuana facility or adult-use marijuana establishment to operate on the same premises, and the property owner is not the licensee of all the businesses operating on the premises.

Common ownership means two or more state operating licenses or two or more equivalent licenses held by one individual or one entity.

Community outreach means any outreach meeting, technology aided outreach, or outreach alert intended to ensure community awareness of licensing activities under this article.

Community outreach plan means a plan for ongoing efforts by a licensee under this article to continually engage and inform the community that surrounds the licensee’s business location of employment and social equity opportunities at the licensee’s place of business.

Community outreach report means a report of the efforts taken by a license applicant to inform and engage the community that surrounds the applicant’s proposed business location of the applicant’s proposed business operation, and any employment or social equity opportunities that the applicant intends to offer.

Cultivation or cultivate means:

(1) all phases of growth of marijuana from seed to harvest; or

(2) preparing, packaging or repackaging, labeling, or relabeling of any form of marijuana.

Department means the City of Detroit Buildings, Safety Engineering, and Environmental Department

Designated consumption establishment means a business that is licensed under the MRTMA and this Article to permit adults 21 years of age and older to consume marijuana products at a commercial location designated by the state operating license.

Detroit legacy applicant or licensee means an individual who has, or an entity that is at least 51% owned and controlled by one or more individuals who have, as certified by the Civil Rights, Inclusion, and Opportunity Department, been a City of Detroit resident at the time of application for at least one year, and upon renewal, and additionally has been:

(1) a City of Detroit resident for 15 of the past 30 years preceding the date of application, and continues to so reside throughout the period of licensure; or

(2) a City of Detroit resident for 13 of the past 30 years preceding the date of application, and continues to so reside throughout the period of licensure, and is a low income applicant at the time of application, as defined in this Section; or

(3) a City of Detroit resident for the 10 of the past 30 years preceding the date of application, and continues to so reside throughout the period of licensure, and has a prior controlled substance record, as defined in this section, or a parent with a prior controlled substance record as defined in this section under the following circumstances:

a. the parent is named on the applicant’s birth certificate, and the parent’s conviction took place before the applicant’s 18th birthday; or

b. the parent has claimed the applicant as a dependent regularly on federal income tax filings, and the parent’s conviction took place before the applicant’s 18th birthday.

Digital notification means any form of electronic communication.

Equivalent licenses means any of the following held by a single licensee:

(1) A marijuana grower license, of any class, issued under MRTMA and a grower license, of any class, issued under the MMFLA;

(2) A marijuana processor license issued under the MRTMA and a processor license under the MMFLA;

(3) A marijuana retailer license issued under the MRTMA and a provisioning center license issued under the MMFLA;

(4) A secure transporter license issued under the MRTMA and a secure transporter license issued under the MMFLA; or

(5) A safety compliance facility license issued under the MRTMA and a safety compliance facility license issued under the MMFLA.

Excess marijuana grower means a state operating license holder holding five class C marijuana grower licenses under the MRTMA.

Grower means a business licensed under the MMFLA or MRTMA and this article, located in this slate, which cultivates, dries, trims, or cures and packages marijuana for sale or transfer to a medical marijuana facility or an adult-use marijuana establishment, and is licensed as follows:

(1) class A adult-use marijuana grower means a state operating license holder who is authorized to grow 100 marijuana plants;

(2) class B adult-use marijuana grower means a state operating license holder who is authorized to grow 500 marijuana plants;

(3) class C adult-use marijuana grower means a state operating license holder who is authorized to grow 2000 marijuana plants;

(4) class A medical marijuana grower means a state operating license holder who is licensed to grow 500 medical marijuana plants;

(5) class B medical marijuana grower means a state operating license holder who is licensed to grow 1000 medical marijuana plants; or

(6) class C medical marijuana grower means a state operating license holder who is licensed to grow 1500 medical marijuana plants. 

License competition means a competitive process to select licenses that are best suited to operate in compliance with the MRTMA.

Licensee means an individual or entity that holds a state operating license and a business license under this article.

Low income applicant means an individual who, at the time of licensing, lives in a household with household income that is less than 80% of the existing Detroit median household income. 

Marijuana event organizer means a state license holder authorized to apply for a temporary marijuana event license in accordance with the MRTMA.

Medical marijuana facility means any facility, entity, establishment, or center that is required to be licensed under the MMFLA, and this article, including a grower, processor, provisioning center, safety compliance facility, or a secure transporter.

Marijuana-infused product means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marijuana that is intended for human consumption in a manner other than smoke inhalation.

Microbusiness means a business licensed under MRTMA and this article that cultivates up to 150 marijuana plants or more as allowed by the State of Michigan, processes, and packages marijuana, and sells or otherwise transfers marijuana to individuals who are 21 years of age or older or to a safety compliance facility, but not to other adult-use marijuana establishments or medical marijuana facilities.

MMFLA means the Michigan Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016, being MCL 333.27101, et seq.

MMMA means the Michigan Medical Marihuana Act, means Initiated Law 1 of 2008, being MCL 333.26421, et seq.

MRTMA means the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, being MCL 333.27951 et seq.

Outreach alert means any form of one way communication that informs a community or neighborhood of an issue, problem, opportunity or decision.

Outreach meeting means any in person or virtual meeting that provides for public discussion of a topic.

Person means an individual, partnership, firm, company, corporation, association, sole proprietorship, limited liability company, joint venture, estate, trust, or any other legal entity.

Primary caregiver means the term as defined by the MMMA.

Prior controlled substance record means to have been convicted, or adjudged to be a ward of the juvenile court, for any crime relating to the sale, possession, use, cultivation, processing, or transport of marijuana prior to November 7, 2018.

Process or Processing means to separate or otherwise prepare parts of the marijuana plant and to compound, blend, extract, infuse or otherwise make or prepare marijuana concentrate or marijuana infused products.

Processor means a business licensed under the MRTMA or the MMFLA and this article, located in this state, that obtains marijuana from a medical marijuana facility or an adult-use marijuana establishment and that processes marijuana for sale and transfer in packaged form to a medical marijuana facility or an adult-use marijuana establishment.

Provisional certificate means a placeholder pre-licensure document granted under this article to a Detroit legacy applicant who does not yet have an approved location to operate the business for which the applicant seeks a license, which will be converted to a full license if the applicant secures an approved location and meets all the requirements of this article within twelve months of being granted the provisional certificate. A provisional certificate will not be counted as a full license for purposes of the numerical caps established under Section 20-6-34 of this Code, nor in determining whether the requirements of Section 20-6-31(d) and (e) are met, until it has been converted to a full license.

Provisioning center means a business licensed under the MMFLA that is a commercial entity located in this state that purchases marijuana from a grower or processor and sells, supplies, or provides marijuana to qualifying patients, directly or through the registered primary caregivers of patients. Provisioning center includes any commercial property where marijuana is sold at retail to qualifying patients or primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the state’s marijuana registration process in accordance with the MMMA, is not a provisioning center for purposes of this article.

Qualifying patient means the term as defined by the MMMA. Registered user means any person or entity that has submitted their email address of telephone number of the purpose of receiving digital notifications.

Retailer means a business licensed under the MRTMA and this article that may obtain marijuana from adult-use marijuana establishments and sell or transfer marijuana to individuals who are 21 years of age or older and to other adult-use marijuana establishments.

Safety compliance facility means a business licensed under the MRTMA or the MMFLA and this article that tests marijuana for contaminants and potency or as required by the MRTMA or the MMFLA for a primary caregiver, medical marijuana facility, or adult-use marijuana establishment.

Secure transporter means a business licensed under the MRTMA or the MMFLA and this article, that stores marijuana and transports marijuana between medical marijuana facilities or adult-use marijuana establishments for a fee.

Social equity program or SEP means a program authorized by the MRTMA, which is designed to encourage participation in the marijuana industry by people who live in certain Michigan communities designated by the State of Michigan, who have been disproportionately impacted by marijuana prohibition and enforcement.

State operating license means a license that is issued under the MMFLA or the MRTMA that allows the licensee to operate as a medical marijuana facility or an adult-use marijuana establishment, respectively.

Technology aided outreach means any form of electronic communication transmitted by digital surveys or an online comment process that allows residents to provide comments.

Temporary marijuana event permit means a permit held by a marijuana event organizer under this article and the MRTMA, which the state has approved, authorizing an event where the onsite sale or consumption of marijuana products, or both, are authorized at the location and on the dates indicated on the state operating license.

Tiebreaking lottery means a process, conducted under the observation of affected applicants, by which licenses are randomly selected from a pool of similarly situated applicants with identical scores.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21); Amended by Ord. No. 2021-13 (JCC. 3/16/21, Pass. 3/30/21, App. 3/31/21, Pub. 4/6/21, Eff. 3/31/21).

(a) Pursuant to Section 205(1) of the MMFLA, the City shall authorize licenses in accordance with the provisions of this article for the following types of medical marijuana facilities:

(1) Growers;

(2) Processors;

(3) Provisioning centers;

(4) Safety compliance facilities; and

(5) Secure transporters.

(b) Pursuant to Section 6(3) of the MRTMA, the City may authorize licenses in accordance with the provisions of this article for the following types of marijuana establishments:

(1) Growers;

(2) Retailers;

(3) Processors;

(4) Safety compliance;

(5) Secure transporters;

(6) Temporary marijuana events;

(7) Marijuana event organizers;

(8) Designated consumption establishments; and

(9) Microbusinesses.

(c) The City may sign attestations or other documents to evidence municipal approval for a state operating license as required by the State of Michigan Marijuana Regulatory Agency only upon issuance of a license under this article.

(d) Detroit City Council is exercising its discretion to permit adult-use marijuana establishments in Detroit as supported by the legal opinion of the Corporation Counsel that the ordinance is lawful, and on the condition that licenses for Detroit legacy applicants shall be prioritized in accordance with the legislative purpose of this ordinance. Should any provision of this ordinance governing adult-use marijuana establishments be ruled invalid, unconstitutional or struck down by a court of law. Subsection (b) of this section will be thereto repealed, and future adult-use marijuana establishments will be prohibited in accordance with Section 6(1) of the MRTMA, excluding those adult-use marijuana establishments previously licensed under this article, which licenses shall continue in effect until their expiration date, after which time they will not be renewed.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21).

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2019-36 (JCC. 10/22/19, Pass. 11/5/19, App. 11/12/19, Pub. 11/18/19, Eff. 11/18/19); Amended by Ord. No. 2020-1 (JCC. 1/21/20, Pass. 1/28/20, App. 1/29/20, Pub. 2/6/20, Eff. 2/6/20); Amended by Ord. No. 2020-6 (JCC. 3/17/20, Pass. 3/24/20, App. 3/25/20, Pub. 7/30/20, Eff. 7/30/20); Amended by Ord. No. 2020-27 (JCC. 7/14/20, Pass. 7/28/20, App. 7/29/20, Pub. 8/19/20, Eff. 8/19/20); Amended by Ord. No. 2020-37 (JCC. 10/13/20, Pass. 10/27/20, App. 10/28/20, Pub. 11/4/20, Eff. 11/4/20); Amended by Ord. No. 2020-38 (JCC. 11/10/20, Pass. 11/17/20, App. 11/23/20, Pub. 11/24/20, Eff. 11/24/20); Amended by Ord. No. 2020-44 (JCC. 11/10/20, Pass. 11/17/20, App. 11/23/20, Pub. 11/24/20, Eff. 11/24/20); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21).

There is hereby established a Marijuana License Review Committee (“MLRC”), which shall perform its duties and exercise its powers in accordance with this article.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21).

The MLRC shall consist of a staff member of each of the departments and agencies that are identified in this section. The directors of the respective departments and the heads of the respective agencies identified in this section shall each appoint a qualified representative or representatives from among their respective staffs to serve on the MLRC. The respective departments and agencies that must appoint representatives to the MLRC are as follows:

(a) Office of the Chief Financial Officer. Assessor;

(b) Buildings, Safety Engineering, and Environmental Department;

(c) Office of the Chief Financial Officer, Treasury;

(d) Health Department;

(e) Law Department;

(f) Police Department;

(g) Civil Rights, Inclusion, and Opportunity Department;

(h) Office of Sustainability;

(i) Department of Neighborhoods; and

(j) Such other departments, agencies, or individuals as deemed appropriate by the chairperson, on a case by case basis.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21).

(a) The representative from the Civil Rights, Inclusion, and Opportunity Department serves as chairperson of the MLRC and shall maintain a record of applications, licenses granted under this Article and other relevant files as needed.

(b) The MLRC may meet in person or virtually at the call of the chairperson, and shall receive all materials for review electronically.

(c) The MLRC shall develop a standard of review for making recommendations on adult-use license applications under this article that shall be approved by the Detroit City Council prior to reviewing any adult-use license applications.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21); Amended by Ord. No. 2021-13 (JCC. 3/16/21, Pass. 3/30/21, App. 3/31/21, Pub. 4/6/21, Eff. 3/31/21).

(a) New or renewal applications for a medical marijuana facility license or an adult-use marijuana establishment license shall be reviewed by the MLRC and a recommendation provided to the Department director before a license may be issued or renewed by the Department, in accordance with the applicable review criteria set forth in this article. For temporary marijuana events, the MLRC shall make its recommendation to the Detroit City Council, which must approve the temporary marijuana event, before a permit is issued by the Department.

(b) Each department representative shall be responsible for investigating the application within its department’s respective area of oversight, providing relevant information, reports or data to the MLRC for review, including, but not limited to the information set forth in Section 20-6-39.

(c) Through the Chair, the MLRC may communicate and meet with the applicant, visit the proposed site to be licensed, and request certain conditions be met prior to recommending approval of the issuance of a license.

(d) After December 31, 2021, and excluding temporary marijuana events, applications shall be reviewed and a recommendation provided by the MLRC to the Department within ninety (90) days of receipt of a complete application as determined by the MLRC, or the application shall be forwarded to the Department without recommendation.

(e) Every six months after the effective date of this ordinance, the MLRC will provide a report to the Detroit City Council including the following information:

(1) name of all applicants, date of application and application status;

(2) name of all licensees, locations, and license date;

(3) number of licenses issued by license category; and

(4) details of each applicant’s Good Neighbor Plan.

(f) Members of the MLRC shall take ethics training two times per calendar year, as provided by the City of Detroit.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21).

(a) No person may operate a medical marijuana facility or an adult-use marijuana establishment in the City without first obtaining a license from the City and a state operating license in accordance with the provisions of this article. A separate license under this article is required for each business with a state operating license operating in one building. A colocation license is required for a property owner that maintains more than one medical marijuana facility or adult-use marijuana establishment in one building.

(b) No more than one medical marijuana provisioning center and one marijuana retailer establishment may be licensed in any single building.

(c) License applications shall be time and date stamped in order of submission in each category of licensure.

(d) 50% of licenses for adult-use retailers, adult-use processors, adult-use growers, designated consumption establishments, microbusinesses, and marijuana event organizers shall be granted to Detroit legacy applicants as defined in Section 20-6-2.

(e) The City shall not issue a license for an adult-use retailer, adult-use processor, designated consumption establishment, microbusiness, or a marijuana event organizer if such issuance would cause the number of licenses held by Detroit legacy licensees to be less than 50% of the total licenses held in each respective category.

(f) Excluding those applicants for marijuana event organizer licenses, all applicants must conduct community outreach, as defined in Section 20-6-2, and provide a community outreach report and a community outreach plan with the application. The applicant must forward notice of the community outreach to the Department of Neighborhoods. The Department of Neighborhoods shall send digital notification of the pending application to all registered users in the Council district where the business is proposed to be located.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21); Amended by Ord. No. 2021-13 (JCC. 3/16/21, Pass. 3/30/21, App. 3/31/21, Pub. 4/6/21, Eff. 3/31/21).

Applicants may seek Detroit legacy status by applying to the Civil Rights. Inclusion, and Opportunity Department (CRIO) electronically on a form provided by CRIO, with documentation required to establish Detroit legacy applicant status. Once certified by CRIO, applicants may submit a license application under this article as a Detroit legacy applicant. A Detroit legacy licensee must complete such certification annually prior to license renewal.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21).

(a) Detroit legacy applicants may apply for a provisional certificate for adult use marijuana establishments, excluding temporary marijuana event permits and marijuana event organizer licenses, under the following circumstances:

(1) The applicant has been certified as a Detroit legacy applicant;

(2) The applicant does not yet have a location that is properly zoned to operate the adult-use marijuana establishment for which the applicant seeks licensing; and

(3) The applicant meets all of the requirements of this article other than those related to the location where the adult-use marijuana establishment will be licensed.

(b) A provisional certificate will be converted to a full license if the applicant establishes a location that is properly zoned and meets the other requirements of this article within 12 months from the date of the provisional certificate, subject to the numerical caps set forth in Section 20-6-34.

(c) A licensee may not commence operations until it has received a full license under this article and a state operating license.

(d) A provisional certificate will not be counted as a full license for purposes of the numerical caps established under Section 20-6-34 of this Code, nor in determining whether the requirements of Section 20-6-31(d) and (e) are met until it has been converted to a full license.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21); Amended by Ord. No. 2021-13 (JCC. 3/16/21, Pass. 3/30/21, App. 3/31/21, Pub. 4/6/21, Eff. 3/31/21).

The City hereby establishes the following numerical caps and may grant licenses for medical marijuana facilities and adult-use marijuana establishments, subject to the requirements of this article, in accordance with the chart below: 

Medical Marijuana Provisioning Center: 75

Adult-Use Retailer Establishment: 75

Grower: unlimited

Processor: unlimited

Secured Transporter: unlimited

Safety Compliance Facility: unlimited

Designated Consumption Lounge: 35

Microbusiness: 35

Marijuana Event Organizer: unlimited

Temporary Marijuana Event: unlimited

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21).

(a) Upon the effective date of this ordinance, the City may immediately accept applications for medical marijuana facility licenses under this article. Applications for medical marijuana facility licenses that are under consideration by the City upon the effective date of this article shall not be subject to the requirements of this article, except that the number of medical marijuana provisioning center licenses is subject to the numerical cap set forth in Section 20-6-34.

(b) Upon the effective date of this ordinance, the Civil Rights, Inclusion, and Opportunity Department will begin certifying Detroit legacy applicants.

(c) The City will begin accepting applications for adult-use marijuana establishment licenses on April 1, 2021, and shall review eligible license applications submitted by April 30, 2021 within the time periods set forth in Subsections (d) and (e) below.

(d) From May 1, 2021 through June 15, 2021 there will be a reserved review period wherein the City will review and may approve applications for adult-use marijuana establishment licenses from Detroit legacy applicants, as well as applications for adult-use growers from current holders of a state operating license for a medical marijuana facility in the City of Detroit. An eligible applicant that wishes to be considered during this time period must submit a complete application by April 30, 2021. If the City receives more qualified applications in a category than there are licenses available, the City shall award the licenses to the highest-scoring applicants, using a tie-breaking lottery if necessary. The City will also issue an undetermined number of provisional certificates to Detroit legacy applicants who qualify. The chronological order of reviewing license applications under this subsection shall be determined by an independent, transparent, and random selection process.

(e) From June 16, 2021 through July 31, 2021 there will be a reserved review period wherein the City will review and may approve applications for adult-use marijuana establishment licenses, from holders of a state operating license for a medical marijuana facility in the City of Detroit. An eligible applicant that wishes to be considered during this time period must submit a complete application by April 30, 2021. If the City receives more qualified applications in a category than there are licenses available, the City shall award the licenses to the highest-scoring applicants, using a tie-breaking lottery if necessary. The chronological order of reviewing license applications under this subsection shall be determined by an independent, transparent, and random selection process.

(f) After both review periods forth in Subsections (d) and (e) are completed, the City will determine whether 50% of adult-use grower licenses have been issued to Detroit legacy applicants in accordance with Section 20-6-31(d), and if not, shall not issue any more adult-use grower licenses to applicants other than Detroit legacy applicants until this requirement has been met.

(g) Beginning April 1, 2021, and continuing thereafter, the City will accept applications for temporary marijuana events. Applications must be submitted at least 90 days in advance of the event.

(h) Beginning August 1, 2021, and continuing thereafter, the City will review applications in order of submission and may approve applications for adult-use marijuana establishment licenses from any applicant.

(i) The City may postpone or modify the timelines set forth in this section for reviewing applications to alternate dates out of administrative necessity, and shall inform the public forthwith.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21); Amended by Ord. No. 2021-13 (JCC. 3/16/21, Pass. 3/30/21, App. 3/31/21, Pub. 4/6/21, Eff. 3/31/21).

Any person seeking to operate a medical marijuana facility or an adult-use marijuana establishment, excluding marijuana event organizers, temporary marijuana events, and co-location licenses, shall file an application electronically upon a form provided by the Department. The application shall include, or include as an attachment, the following information:

(1) The name, age, address, principal telephone number and email address of the applicant;

(2) If applicable, Detroit legacy applicant certification;

(3) If the applicant is an organized legal entity, the name, mailing address, telephone number and email of all owners, directors, members, managers, officers, partners, or shareholders, as well as the registered agent;

(4) A signed release authorizing the Police Department to perform criminal background checks on all individuals identified as part of the ownership entity;

(5) The address of the property/building proposed to be used as a medical marijuana facility or adult-use marijuana establishment;

(6) The type and class of medical marijuana facility or adult-use marijuana establishment requested;

(7) For renewals, a copy of the required state operating licenses;

(8) A copy of City of Detroit income tax returns for the previous three years for each individual who has whole or partial ownership of the entity, and corporate tax returns if applicable; or, a sworn statement attesting that no income was made in the City of Detroit that would require the individual to file a city income tax return;

(9) A comprehensive business plan detailing:

a. business operations

b. security

c. testing

d. nuisance mitigation

e. waste handling and disposal

f. environmentally sustainable practices

g. community relations

h. recruitment and training of employees

i. protocols for employee and customer safety

j. number of Detroit residents employed

(10) Financial documentation demonstrating resources sufficient to meet the capitalization required for the facility or establishment by the State of Michigan pursuant to the MMFLA. A certified statement from a CPA is sufficient;

(11) Property tax clearance for the proposed location;

(12) Blight clearance for the proposed location;

(13) A copy of the conditional land use approval for the intended use or the intended use of an equivalent license;

(14) A copy of the temporary or final certificate of occupancy for the intended use permitted by Subsection (13) of this section.

(15) A signed release acknowledging that the City will investigate the income and property tax status of the applicant, its owners, directors, officers, members, managers, partners, shareholders, employees and any medical marijuana facilities or adult-use marijuana establishments related to any of the aforementioned individuals, and that any outstanding taxes, fines, or fees will be paid prior to a license being issued under this article.

(16) Whether the applicant is seeking provisional certificate status in accordance with Section 20-6-33 of this Code, in such case, submission of the information required under Subsections (5), (11), (12), (13), (14), and (17) of this section shall be suspended until such time within 12 months of the provisional certificate that the applicant can provide such information;

(17) For adult-use license applicants only, a “Good Neighbor Plan” indicating the applicant’s commitment to its community, including a community outreach report and a community outreach plan as defined in Section 20-6-2 to ensure awareness of the application and potential employment opportunities in the neighborhoods surrounding the proposed business, as well as one or more of the following:

a. Hiring at least 50% of full time employees who are Detroit residents for jobs paying at least $15 an hour; or

b. Hiring at least 30% of full time employees who have a prior controlled substance record, as defined in Section 20-6-2, for jobs paying at least $15 an hour; or

c. Purchasing at least 50% of necessary goods and services from licensed medical marijuana facilities, adult-use marijuana establishments, Detroit legacy licensees, or other businesses located in the City of Detroit; or

d. If a grower or processor, selling at least 25% of available harvest or products to Detroit legacy licensees at a price that is at least 25% lower than the current market rate in Detroit; or

e. A minimum of 750 annual volunteer hours serving a duly organized Detroit based charitable organization, community organization, religious institution, school, or block club that operates within the community where the applicant’s facility or establishment is located; or

f. Annually donate a minimum of 1% of the applicant’s gross revenue to a duly organized Detroit-based charitable organization that operates within the community where the applicant’s facility or establishment is located, or to a fund that may be established by the City of Detroit for the purpose of funding social equity initiatives, and substance use prevention programs.

(18) Whether the applicant is a current or former medical marijuana facility or adult-use establishment state operating license holder, licensing history, and any violation history pertaining to operation of the medical marijuana facility or adult-use establishment;

(19) A copy of the applicant’s Prequalification received from the State of Michigan Marijuana Regulatory Agency;

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21); Amended by Ord. No. 2021-13 (JCC. 3/16/21, Pass. 3/30/21, App. 3/31/21, Pub. 4/6/21, Eff. 3/31/21).

(a) A non-refundable application fee shall be paid upon filing the application. The application fee shall be in an amount established from time to time by the Director of the Department and shall be approved by resolution of the City Council. The fee shall be intended to defray direct and indirect costs incurred by the City in processing the license application and may be different for each license type. The fee shall be posted on a schedule in the Department.

(b) The application fee for a Detroit legacy applicant shall be 1% of the fee established in accordance with Subsection (a) of this section.

(c) A nonrefundable license fee shall be paid prior to issuance of a license and upon applying for renewal. The license fee shall be in an amount established from time-to-time by the Director of the Department and shall be approved by resolution of the City Council. The fee shall be intended to defray direct and indirect costs incurred by the City to process and monitor licensed facilities and establishments, and may be different for each license type. The fee shall be posted on a schedule in the Department.

(d) For the first year of licensure, the license fee for a Detroit legacy applicant shall be 1% of the fee established in accordance with Subsection (c) of this section. For the second year of licensure, the license fee for a Detroit Legacy licensee shall be 25% of the fee established in accordance with Subsection (c) of this section, and for all subsequent years of licensure, the full fee shall apply.

(e) A nonrefundable fee shall be paid prior to issuance of a provisional certificate. The fee shall be in an amount established from time-to-time by the Director of the Department, shall be no more than the fee for the first year of licensure of a Detroit Legacy applicant, and shall be approved by resolution of the City Council. The fee shall be intended to defray direct and indirect costs incurred by the City to process and monitor provisional certificates. The fee shall be posted on a schedule in the Department.

(f) A nonrefundable application fee shall be charged for the processing and certification, or renewal of a Detroit legacy applicant or licensee in accordance with Section 20-6-32 of this Code. The fee shall be intended to defray direct and indirect costs incurred by the City in processing the certification application. The certification fee shall be in an amount established from time-to-time by the Director of the Civil Rights, Inclusion, and Opportunity Department and shall be approved by resolution of the City Council. The fee shall be posted on a schedule in the Civil Rights. Inclusion, and Opportunity Department.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21); Amended by Ord. No. 2021-13 (JCC. 3/16/21, Pass. 3/30/21, App. 3/31/21, Pub. 4/6/21, Eff. 3/31/21).

(a) For each new application or renewal of a medical marijuana facility or adult-use marijuana establishment license submitted under this article, the Department will confirm whether the application is complete and that the application fee has been paid. The Department may reject any application that contains insufficient information and may deny an application for failure to pay the application fee.

(b) Upon receipt of a complete application, the Department will forward the application materials to the MLRC for review and a recommendation.

(c) The MLRC shall consider the information submitted by the applicant, and the requisite departments before providing a recommendation.

(d) Upon receipt of a favorable recommendation from the MLRC, the Department may issue the license in the manner required by this article.

(e) The applicant shall pay the license fee prior to receiving a license.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21); Amended by Ord. No. 2021-13 (JCC. 3/16/21, Pass. 3/30/21, App. 3/31/21, Pub. 4/6/21, Eff. 3/31/21).

(a) Upon application and before any license under this article is issued for a medical marijuana facility or an adult-use marijuana establishment, the application shall be referred to appropriate departments of the City, for respective reports to be provided to the MLRC on compliance with this Code and state law, rules and regulations, including the following:

(1) Zoning. The medical marijuana facility or adult-use marijuana establishment shall meet applicable requirements of the Detroit Zoning Ordinance, being Chapter 50 of this Code. For purposes of this article, license applicants for adult use marijuana establishments shall be deemed to have appropriate zoning if the property is zoned properly for an equivalent license under the MMFLA or as set forth in Subsections (13), (14) and (15) of Section 20-6-36;

(2) Building and Property Maintenance Codes. The medical marijuana facility or adult-use marijuana establishment shall meet applicable requirements of the Stille-DeRossett-Hale Single State Construction Code Act, being MCL 125.1501 et seq., and the Property Maintenance Code, being Chapter 8, Article XV of this Code;

(3) A property that is the designated location and subject of an application for a business license for a temporary marijuana event shall have a certificate of occupancy, a certificate of compliance, and no outstanding blight violations, inspection fees, or property taxes;

(4) Fire protection and safety. The medical marijuana facility or adult-use marijuana establishment shall meet applicable requirements of the Detroit Fire Prevention and Protection Code, being Chapter 18, Article I of this Code;

(5) Plumbing. The medical marijuana facility or adult-use marijuana establishment shall meet applicable requirements of the Stille-DeRossett-Hale Single State Construction Code Act, being MCL 125.1501 et seq., and the Michigan Plumbing Code, being Chapter 8, Article V of this Code;

(6) Ventilation. Proper ventilation, either natural or mechanical, shall be provided so that each person within a medical marijuana facility or adult-use marijuana establishment will be supplied with 1,200 cubic feet of air per hour, or as required by applicable state code, whichever is greater;

(7) Lighting. The medical marijuana facility or adult-use marijuana establishment shall have adequate lighting in every part of the premises in compliance with applicable requirements of the Michigan Electrical Code, being Chapter 8, Article III, of this Code;

(8) Health and sanitation. All rooms within a medical marijuana facility or adult-use marijuana establishment housing toilet facilities shall be equipped with sanitary towels of a type acceptable to the Health Department. All rooms within the premises shall meet the requirements of the Michigan Public Health Code, being MCL 333.1101 et seq., including those concerning food preparation and sanitation.

(b) A license shall not be issued or renewed until satisfactory inspections and reviews are completed by the departments delineated in Subsection (a) of this section, and written reports are issued indicating that the applicant complies with the requirements of this section.

(c) In addition to the inspections required above, upon application and before any license under this article is issued for a medical marijuana facility or adult-use marijuana establishment, including provisional certificates and marijuana event organizer license applications, the application shall be referred to the City’s Police Department and Finance Department for respective reports on compliance with the following:

(1) The Police Department shall complete criminal background checks on all individuals who are part of the ownership entity;

(2) The Finance Department shall cause an investigation to be completed to determine whether any property or income taxes, special assessments, fines, fees or other financial obligations to the City are unpaid, outstanding and/or delinquent at the licensed location or from the applicant, its owners, directors, officers, members, managers, partners, and shareholders.

(d) A license shall not be issued or renewed under this article until satisfactory inspections and reviews are completed by the departments delineated in Subsection (c) of this section. A license shall not be issued or renewed by the Department until both of the following have occurred: (1) the Police Department provides written confirmation that all individuals who are part of the ownership entity do not have any felony convictions related to violent crimes, fraud, embezzlement or dishonesty; and (2) the Finance Department provides written confirmation that all individuals making up the ownership entity are not in arrears for any property or income taxes, special assessments, fines, fees or other financial obligations to the City.

(e) If the applicant is a current or former medical marijuana facility licensee, the MLRC shall consider the applicant’s operational history, experience, and taxpaying history.

(f) The MLRC shall also take social equity considerations into account when recommending approval or denial of an adult use license, including, but not limited to:

(1) Whether the applicant intends to ensure that at least 50% of its employees are Detroit residents, especially those Detroit residents who are veterans, low income as defined in Section 20-6-2 of this Code, and/or have a prior controlled substance record as defined in Section 20-6-2, and that the jobs provided pay at least $15 an hour;

(2) Whether an applicant for a grower or processor license intends to supply businesses owned by Detroit legacy licensees; and

(3) The applicant’s Good Neighbor Plan submitted in accordance with Section 20-6-36(a)(19).

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21); Amended by Ord. No. 2021-13 (JCC. 3/16/21, Pass. 3/30/21, App. 3/31/21, Pub. 4/6/21, Eff. 3/31/21).

A medical marijuana facility or adult use marijuana establishment licensed under this article shall be subject to the following conditions:

(1) Compliance with the requirements of this Code, and all applicable state and federal laws;

(2) Compliance with the provisions of the MMFLA or the MRTMA;

(3) Medical marijuana facilities and adult-use marijuana establishments must obtain all necessary state and local licenses before commencing operations and shall maintain a valid state operating license and business license under this article at all times during operation;

(4) No persons under the age of 18 may be allowed within any medical marijuana facility or adult-use marijuana establishment, unless the individual is a qualifying patient or accompanied by his/her primary caregiver, parent or documented legal guardian;

(5) No medical marijuana facility or adult-use marijuana establishment shall permit the sale or dispensing of alcoholic liquor or tobacco for consumption on or off the premises;

(6) Operating hours for provisioning centers, retailer establishments, and microbusinesses shall not exceed the hours between 9:00 AM and 10:00 PM daily. Designated consumption establishments may operate between 9:00 AM and 2:00 AM daily.

(7) An adult-use marijuana establishment may post signage identifying the location as being a certified Detroit Legacy establishment only if the owner is certified as a Detroit legacy licensee. Signs displayed on the exterior and interior of the property, shall conform to this Code and applicable state law requirements.

(8) Public and common areas must be separated from restricted and non-public areas by a permanent opaque barrier that cannot be accessed by individuals not approved as personnel.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21).

(a) When the application and proposed medical marijuana facility or adult-use marijuana establishment has been reviewed by the MLRC and a recommendation regarding the license, or an approval for a temporary marijuana event permit by City Council, is provided to the Department, the Department may issue a license in writing after the license fee is paid. A license that is issued under this article shall be continually posted inside the licensed medical marijuana facility or adult-use marijuana establishment in a conspicuous location near the entrance.

(b) Except for a temporary marijuana event permit, which shall expire when the event concludes, the term of a license shall be not more than one year and shall expire each year on September 30. Any application to renew a license shall be made as specified in Section 20-6-42.

(c) A license issued under this article is nontransferable. A new owner or operator of a licensed business under this article must obtain a new business license in accordance with this article before the City will provide the attestation or other municipal approval required for a transfer by the State of Michigan Marijuana Regulatory Agency.

(d) A business owned by a Detroit legacy applicant and licensed under this article shall not be transferred, sold, or conveyed to anyone other than another Detroit legacy applicant for a period of five years from the date of the initial license granted, or the licensee will lose its Detroit legacy status and must re-apply and be approved for a license as a general applicant before operating.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21).

(a) At least 120 days prior to the expiration of a license issued under this article, licensees must submit a renewal application electronically on a form to be provided by the Department. The renewal application shall include, but is not limited to:

(1) Changes to the ownership structure of the licensee, or an affidavit attesting that no changes have occurred;

(2) A copy of the state operating license for the medical marijuana facility, adult-use marijuana establishment or licensed activity;

(3) Confirmation that the licensee is still certified as Detroit legacy, if applicable.

(b) The MLRC shall review and provide a recommendation for all applications for renewal. A license under this article may be renewed by the Department after the MLRC has confirmed the following:

(1) The licensee has paid all applicable City of Detroit income taxes and property taxes;

(2) All natural persons who make up the ownership entity have filed City of Detroit income tax returns for the preceding tax year;

(3) The licensee has paid all fees, fines or any other financial obligations owing the City of Detroit;

(4) The licensee holds a valid state operating license, and a current City of Detroit business license for each use permitted at the site;

(5) There are no outstanding licensing violations from the City of Detroit or State of Michigan pertaining to the operation of the licensed business;

(6) The licensed premises has a current certificate of compliance from the Department;

(7) The police department has indicated that no criminal activity that would require a nonrenewal has occurred pertaining to the operation of the licensed business during the license period immediately preceding that for which the renewal license is sought:

(8) That the licensee has operated as a good corporate citizen with respect for its surrounding environment, has kept its commitments in its Good Neighbor Plan and community outreach plan, and has complied with the requirements of this article, and the MMFLA or the MRTMA.

(c) Where there is an existing deficiency of a requirement under this Code or a violation of this article concerning the premises or licensee that can be cured, the licensee shall be notified by the Department or the MLRC and must cure the deficiency before a renewal license is issued. If the deficiency is not cured within 30 days of the licensee being notified, the license and renewal application will expire and a new license application will have to be filed with a new associated fee.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21); Amended by Ord. No. 2021-13 (JCC. 3/16/21, Pass. 3/30/21, App. 3/31/21, Pub. 4/6/21, Eff. 3/31/21).

(a) A license that is issued under this division may be suspended, revoked, or denied renewal in accordance with this article and Chapter 28 of this Code.

(b) In addition to Subsection (a) of this section, the Department may also suspend, revoke or deny renewal of a license in accordance with the procedures in Chapter 28 of this Code based on any of the following:

(1) A failure to meet the conditions or maintain compliance with the standards established by this article;

(2) One or more uncorrected violations of any City ordinance on the premises;

(3) Maintenance of a nuisance or criminal activity on the premises;

(4) A demonstrated history of excessive complaints for public safety intervention, which may include dispatches of police, fire, or emergency medical services, relative to the licensed premises, being three or more runs in any 30-day period;

(5) Non-payment of any property or income taxes, special assessments, fines, fees or other financial obligations to the City;

(6) Any fraud, misrepresentation or false statement in an application, any materials filed with an application or related to a license, any materials provided in conjunction with an application or license, or any statement related to an application or license made to any City officials or agents;

(7) Any instance of operating a medical marijuana facility or adult-use marijuana establishment without a license under this article and a state operating license; or

(8) Any other grounds for suspension, revocation or non-renewal set forth in this Code.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21).

(a) A licensee who commits a violation of this article:

(1) May be subject to a misdemeanor ordinance violation and a fine of not more than $500.00, in the discretion of the court, for each such offense;

(2) May be subject to nonrenewal, revocation, or suspension of its business license under this article and Section 28-1-7 of this Code; and

(3) May be subject to any other sanctions or penalties under applicable laws, rules or regulations.

(b) Each day of continued violation shall constitute a separate offense.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21).

Applicants may file appeals of adverse determinations under this article with the City of Detroit Administrative Appeals Bureau as set forth in Chapter 3, Article IV of this Code, in accordance with its published rules.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21).

For purposes of ensuring compliance with this article, applicants and licensees shall permit authorized local officials to inspect, during regular business hours, any portion of a medical marijuana facility or adult-use marijuana establishment, subject to constitutional restrictions on unreasonable searches and seizures. Where entry is refused or not obtained, the City is authorized to pursue recourse as provided by law.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21).

(a) The Office of Budget is hereby authorized to appropriate $2,000,000 from prior year fund balance to the Civil Rights, Inclusion, and Opportunity Department to support the initial social equity initiatives and activities performed by the City in accordance with the legislative purposes of this article. Subject to the annual budget process, it is expected that the City’s annual budget will contain a $1,000,000 appropriation to the Civil Rights, Inclusion, and Opportunity Department to support the ongoing social equity initiatives and activities performed by the City in accordance with the legislative purposes of this article.

(b) Subject to the annual budget approval process, the City’s annual budget will contain an appropriation, equal to two percent (2%) of the gross allocation received by the City of Detroit in the previous fiscal year pursuant to M.C.L. 333.27964, to the Detroit Health Department for substance use prevention programming for youth.

Codified by Ord. No. 28-19 (JCC. 7/23/19, Pass. 9/10/19, App. 9/11/19, Pub. 9/20/19, Eff. 10/1/19); Amended by Ord. No. 2020-44 (JCC. 11/17/20, Pass. 11/24/20, App. 11/30/20, Pub. 12/18/20, Eff. 1/11/21).