(a) The purpose of this division is to establish standards and procedures for the review and approval of the City of Detroit in permitting the land use categories of medical marijuana facilities and adult-use marijuana establishments, to prevent an over concentration of like uses, and to ensure the diversification of commercial
and retail offerings along major and secondary corridors in order to:
(1) Serve and protect the health, safety and welfare of the general public through reasonable limitations on land use as it relates to traffic, noise, light, air and water quality, neighborhood and patient safety, security, and other health and safety concerns;
(2) Regulate land used in the operation of activities authorized by the Michigan Medical Marihuana Act, Initiated Law 1 of2008, MCL 333.26421, et seq. (“MMMA”), the Michigan Medical Marihuana Facilities Licensing Act, being Public Act 281 of 2016, MCL 333.27101, et seq. (“MMFLA”), and the Michigan Regulation and Taxation of Marihuana Act, being Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”);
(3) Establish land use restrictions that are fair and equitable for those interested in establishing medical marijuana facilities and adult-use marijuana establishments, while protecting adjacent properties from
potential adverse effects; and
(4) Provide reasonable regulation of land use pursuant to the City’s general zoning power granted to cities by the Michigan Constitution of 1963 and the Home Rule City Act, MCL 117.1 et seq., as amended and the Michigan Zoning Enabling Act, MCL 125.3101 et seq., as amended.
(b) Nothing in this division, or in any companion regulatory provisions adopted in any other section of this Code is intended to prohibit, nor shall it be construed as prohibiting, access to health care or medical marijuana by registered medical marijuana patients.
(c) Nothing in this division, or in any companion regulatory provisions adopted in any other provision of this Code, is intended to grant, nor shall it be construed as granting, immunity from criminal prosecution for:
(1) Cultivation, sale, consumption, use, distribution, manufacture or possession of marijuana in any form not in compliance with the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421, et seq. (“MMMA”), or the Michigan Medical Marihuana Facilities Licensing Act, being Public Act 281 of 2016, MCL 333.27101 et seq. (“MMFLA”), or the Michigan Regulation and Taxation of Marihuana Act, being Initiated Law 1 of 2018, MCL 333.27951 et seq. (“MRTMA”); or
(2) Any criminal prosecution under federal laws including seizure of property under the Federal Controlled Substances Act, 21 USC § 801 et seq.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
This division applies to all medical marijuana facilities and adult-use marijuana establishments, as defined in Section 50-3-533 of this Code.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
For the purposes of this division, the following words and phrases shall have the meaning respectively ascribed to them by this section:
Adult-use marijuana establishment means a location where a licensee operates one of the following commercial entities or activities under the authority of the MRTMA: grower, processor, retailer, secure transporter, safety compliance facility, marijuana microbusiness, excess marijuana grower, marijuana event organizer, temporary marijuana event, or designated marijuana consumption establishment, or any other type of marijuana-related business licensed to operate in accordance with the MRTMA.
Co-location means a practice where more than one licensee is authorized by the State of Michigan to operate a medical marijuana facility or an adult-use marijuana establishment in one building, in accordance with the applicable rules promulgated by the State of Michigan and the license requirements of Chapter 20, Article VI, of this Code.
Cultivate means all phases of growth of marijuana from seed to harvest; or preparing, packaging or repackaging, labeling, or relabeling of any form of marijuana.
Designated marijuana consumption establishment means a location where a licensee that is licensed as a designated marijuana consumption establishment under the MRTMA, and as a designated consumption establishment under Chapter 20, Article VI, of this Code, operates a commercial entity that allows adults 21
years of age and older to consume marijuana products at a commercial location designated by the state operating license.
Drug-free zone, for the purpose of this chapter, means an area that is within 1,000 radial feet of a zoning lot of a:
(1) Child care center, as defined in Section 50-16-152 of this Code;
(2) Educational institution, as defined in Section 50-16-191 of this Code;
(3) Library, as defined in Section 50-16-283 of this Code;
(4) Outdoor recreation facility, as defined in Section 50-16-324 of this Code, other than parkways and parklots;
(5) School, as defined in Section 50-16-381 of this Code;
(6) Youth activity center as defined in Section 50-16-462 of this Code; or
(7) Public housing as defined in 42 USC § 1437a(b)(1).
Equivalent licenses means any of the following pairs of licenses 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.
Licensee means a person holding an operating license issued by the State of Michigan and a business license issued by the City to operate a medical marijuana facility or an adult-use marijuana establishment.
Marijuana grower facility means a location where a licensee that is licensed as a marijuana grower under the MRTMA or as a grower under the MMFLA, and as a grower under Chapter 20, Article VI, of this Code, operates a commercial entity located in this state that cultivates, dries, trims, or cures and packages marijuana for sale or transfer to a medical marijuana facility or adult-use marijuana establishment.
Marijuana microbusiness means a location where a licensee that is licensed as a marijuana microbusiness under the MRTMA, and as a microbusiness under Chapter 20, Article VI, of this Code, operates a commercial entity that cultivates not more than 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 marijuana safety compliance facility, but not to other adult-use marijuana establishments or medical marijuana facilities.
Marijuana processor facility means a location where a licensee that is licensed as a marijuana processer under the MRTMA or as a processer under the MMFLA, and as a processor under Chapter 20, Article VI, of this Code, operates a commercial entity located in the State of Michigan that obtains marijuana from a medical marijuana facility or adult-use marijuana establishment and processes marijuana for sale and transfer in packaged form to a medical marijuana facility or adult-use marijuana establishment.
Marijuana retailer establishment means a location where a licensee that is licensed as a marijuana retailer under the MRTMA, and as a retailer under Chapter 20, Article VI, of this Code, operates a commercial entity that obtains marijuana from adult-use marijuana establishments and sells or transfers marijuana to individuals who are 21 years of age or older and to other adult-use marijuana establishments.
Marijuana retail/provisioning facility means a marijuana retailer establishment or a medical marijuana provisioning center facility.
Marijuana safety compliance facility means a location where a licensee that is licensed as a safety compliance facility under the MRTMA or the MMFLA, and as a safety compliance facility under Chapter 20, Article VI, of this Code, operates a commercial entity located in the State of Michigan and potency or as required by the MRTMA or the MMFLA for a primary caregiver, medical marijuana facility, or adult-use marijuana establishment.
Marijuana secure transporter facility means a location where a licensee that is licensed as a secure transporter facility under the MRTMA or the MMFLA, and as a secure transporter under Chapter 20, Article VI, of this Code, operates a commercial entity located in the State of Michigan that stores marijuana, and transports marijuana between medical marijuana facilities or adult-use marijuana establishments for a fee.
Medical marijuana means any marijuana intended for medical use that meets all requirements for medical marijuana contained in this chapter, the MMMA, MMFLA, and any other applicable law. This does not include marijuana in any form inconsistent with the definition of usable marijuana under the MMMA or MMFLA.
Medical marijuana facility means a location in the State of Michigan where a licensee operates any one of the following commercial entities under the authority of the MMFLA: grower, processor, provisioning center, secure transporter, or safety compliance facility. A non-commercial location used by a primary caregiver to
assist a qualifying patient connected to the caregiver through the State of Michigan’s formal registration process in accordance with the MMMA is not a medical marijuana facility.
Medical marijuana provisioning center facility means a location where a licensee that is licensed as a provisioning center under the MMFLA, as well as under Chapter 20, Article VI, of this Code, operates a commercial entity located in the State of Michigan 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.
Medical marijuana provisioning center facility includes any commercial property where medical marijuana is sold at retail to qualifying patients or primary caregivers. A medical marijuana caregiver center is not a medical marijuana provisioning center facility for purposes of this chapter.
Michigan Medical Marihuana Act or “the MMMA” means Initiated Law 1 of 2008, MCL 333.26421, et seq.
Michigan Medical Marihuana Facilities Licensing Act or “the MMFLA” means Public Act 281 of 2016, MCL 333.27101, et seq.
Michigan Regulation and Taxation of Marihuana Act or “the MRTMA” means Initiated Law 1 of 2018, MCL 333.27951, et seq.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
Applications for medical marijuana caregiver centers will not be accepted after October 14, 2018, and:
(1) Medical marijuana caregiver centers that were legally established and issued a building permit or certificate of occupancy prior to October 14, 2018 are lawful nonconforming uses.
(2) A lawful nonconforming medical marijuana caregiver center may convert to a medical marijuana provisioning center facility or to a marijuana retailer establishment by submitting a change of use application, subject to any additional regulations for medical marijuana provisioning center facilities set forth in this Code,
as amended.
(3) A lawful nonconforming medical marijuana caregiver center may convert to any type of medical marijuana facility other than a medical marijuana provisioning center facility, or to any type of adult use marijuana establishment other than a marijuana retailer establishment, by submitting an application for the proposed use, subject to applicable zoning and any additional regulations for medical marijuana facilities and adult-use marijuana establishments set forth in this Code.
Amended by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
(a) Medical marijuana facilities and adult-use marijuana establishments may be permitted on land zoned PD, where established as a Planned Development District, and on a conditional basis in the following zoning districts in accordance with this article, subject to the provisions of this division and any other applicable provisions of this Code, and all applicable State of Michigan requirements. Notwithstanding anything to the contrary in this Code, all of the below uses may be located in PD zoning districts, excluding solely residential PD districts, as a major modification of the plans for the subject PD zoning district, and may approved by the City Council in accordance with Section 50-3-97 after making the findings set forth in Section 50-3-281 for the
requested use.
(1) Designated marijuana consumption establishments may be permitted in the B2, B4, B5, B6, M1, M2, M3, M4, and SD2 zoning districts.
(2) Marijuana grower facilities may be permitted on a conditional basis in the M1, M2, M3, M4, and M5 zoning districts.
(3) Marijuana microbusinesses may be permitted on a conditional basis in the B2, B4, B5, B6, M1, M2, M3, M4, and SD2 zoning districts.
(4) Marijuana processor facilities may be permitted on a conditional basis in the B6, M1, M2, M3, M4, and M5 zoning districts.
(5) Marijuana retail/provisioning facilities may be permitted on a conditional basis in the B2, B4, B5, B6, M1, M2, M3, M4, and SD2 zoning districts.
(6) Marijuana safety compliance facilities may be permitted on a conditional basis in the B2, B4, B5, B6, M1, M2, M3, M4, M5 and SD2 zoning districts.
(7) Marijuana secure transporter facilities may be permitted on a conditional basis in the B5, B6, M1, M2, M3, M4, and M5 zoning districts.
(b) Marijuana retail/provisioning facility, marijuana designated consumption establishment, or a marijuana microbusiness must not be located in any of the following:
(1) Within a drug-free zone, as defined in Section 50-3-533 of this Code;
(2) Within a Gateway Radial Thoroughfare Overlay Area or Traditional Main Street Overlay Area, as provided in Article XI, Division 14, of this chapter; or
(3) On a zoning lot that is located less than:
a. 1,000 radial feet from any zoning lot occupied by any religious institution identified as exempt by the City Assessor;
b. 1,000 radial feet from any zoning lot with an unexpired conditional land use approval, building permit, or certificate of occupancy for a designated marijuana consumption establishment, marijuana retail/provisioning facility, or a marijuana microbusiness; or
c. 1,000 radial feet from any zoning lot occupied by a Controlled Use.
(c) A marijuana grower facility, marijuana processor facility, or marijuana secure transporter facility must not be located in a drug-free zone, as defined in Section 50-3-533 of this Code, or within a Traditional Main Street Overlay Area, as provided in Article XI, Division 14, of this chapter.
(d) Neither the Buildings, Safety Engineering, and Environmental Department, nor the Board of Zoning Appeals is authorized to waive or modify the locational specifications set forth in Subsections (b)(1), (b)(2), (b)(3), and (c) of this section. Applications that are not consistent with the locational specifications set forth in Subsections (b)(1), (b)(2), (b)(3), and (c) of this section, which may be confirmed by the City Engineer, shall be considered ineligible for further processing and shall be denied.
(e) If a property has previously received zoning approval for a medical marijuana facility or adult-use marijuana establishment, no further approval is required under this chapter to operate a business under an equivalent license, as defined in Section 50-3-533 of this Code, at the property, although a new business license under Chapter 20, Article VI, of this Code and state operating license are required prior to commencing operation.
(f) If the Buildings, Safety Engineering, and Environmental Department establishes that a use posing a restriction under this section has been abandoned or has ceased all operations for at least one year, it may disregard the locational specifications of Subsections (b)(1), (b)(2), (b)(3), and (c) of this section.
Codified by Ord. No. 20-18 (JCC 7/3/2018, Passed 7/31/2018, Approved 8/1/2018, Published 8/15/2018, Effective 10/14/2018); Saved From Repeal by Ord. No. 28-19 (JCC 7/23/2019, Passed 9/10/2019, Approved 9/11/2019, Published 9/20/2019, Effective 10/1/2019); Amended by Ord. No. 2021-9 (JCC 2/16/2021, Passed 3/16/2021, Approved 3/17/2021, Published 3/26/2021, Effective 4/3/2021).
(a) An application for a medical marijuana facility or adult-use marijuana establishment must be submitted by the applicant online through the City’s application portal.
(b) Upon receipt of an application package, the Buildings, Safety Engineering, and Environmental Department shall determine whether the proposed location complies with the locational specifications set forth in Section 50-3-535 of this Code. If the proposed location does not comply with all such specifications, the Buildings, Safety Engineering, and Environmental Department shall deny the application.
(c) Upon a determination that the proposed location complies with the locational specifications set forth in Section 50-3-535 of this Code, the MMFRC, the application is subject to site plan review in accordance with Article III, Division 5, of this chapter.
(d) Upon approval of the applicant’s site plan, the application is subject to a conditional land use hearing in accordance with Article III, Division 7, of this chapter, or subject to legislative approval where the land is zoned PD in accordance with Article III, Division 4 and Article XI, Division 2, of this chapter.
(a) Medical marijuana facilities and adult-use marijuana establishments are not permitted as accessory uses and must not include accessory uses. Multiple types of medical marijuana facilities and adult-use marijuana establishments may co-locate in the same building, as separate principal uses of the premises, subject to all applicable regulations of this Code and operated in accordance with the rules promulgated by the State of Michigan. The applicant may submit a joint application for any combination of such uses, but each use requires separate approval under this Code.
(b) Any premises, building, or other structure in which a medical marijuana facility or adult-use marijuana establishment operates in violation of the standards set forth in this Code constitutes a public nuisance and is subject to civil abatement proceedings initiated by the City of Detroit in a court of competent jurisdiction, in
addition to the penalties authorized by this Chapter. Any premises, building, or other structure declared by the court to be a public nuisance must be closed and the property owner assessed the costs of abatement.
(c) Each day that a violation is permitted to exist or occur on the premises constitutes a separate occurrence or
maintenance of the violation.