City of Reading Medical Marihuana Facilities Licensing Ordinances

CITY OF READING

GUIDANCE ON THE PROVISIONS OF THE CITY’S ORDINANCES

RELATING TO MEDICAL MARIHUANA FACILITIES

 

INTRODUCTION

 

            On November 14, 2017, the City of Reading adopted Ordinance No. 2017-01, which authorized and provided for the licensing of certain types of medical marihuana facilities within the City, and adopted certain restrictions on the operation of such facilities, pursuant to the Michigan Medical Marihuana Facilities Licensing Act, MCL 33.27101, et seq.  Ordinance No. 2017-01 took effect on December 1, 2017.  The Ordinance authorized the issuance of up to: 9 total grower licenses (3 Class A, 3 Class B, and 3 Class C); 9 total processor licenses; 5 total provisioning center licenses; 9 safety compliance facility licenses; and 9 secure transporter licenses. The Ordinance also contained requirements and procedures for the application, approval, and renewal of licenses, and further established an initial facility fee of $4,000 for each license and an annual renewal fee of $3,600 for each license. The Ordinance includes requirements for the inspection and operation of licensed facilities, and provides that a violation of the Ordinance will be punished as a misdemeanor, setting forth the penalties that are assessed for any violation.  The Ordinance further provides that a violation is also deemed to constitute a nuisance per se, and it permits the City to seek injunctive relief and such other relief as is legally available to enforce the Ordinance. 

            Subsequent to Ordinance No. 2017-01 becoming effective, on December 12, 2017, the City adopted Ordinance No. 2017-02, which amended certain provisions of Ordinance No. 2017-01, by adding provisions establishing the requirements for applications for medical marihuana facilities licenses and by adding criteria to be applied by the City in evaluating and approving applications for medical marihuana facilities licenses.  In addition, Ordinance No. 2017-02 amended subsections 3 and 4 of Section III of Ordinance No. 2017-01 to correlate the provisions regarding the issuance and renewal of medical marihuana facilities licenses with the newly added application evaluation and approval standards.  Ordinance No. 2017-02 further amended Ordinance No. 2017-01 to reduce the total number of authorized marihuana provisioning center licenses that may be issued within the City from 5 to 3.

            On January 9, 2018, the City adopted Ordinance No. 2018-01, which provided for various amendments to the City’s Zoning Ordinance with respect to the location and operation of properly licensed medical marihuana facilities within the City.  The amended zoning provisions allow: the operation of a properly licensed marihuana provisioning center as a special land use in the B-1 highway commercial district, the B-2 central business district, and the I-1 industrial district; the operation of properly licensed marihuana growers as a special land use in the I-1 industrial district; the operation of properly licensed marihuana processors as a special land use in the I-1 industrial district; the operation of properly licensed marihuana secured transporters as a special land use in the I-1 industrial district; and the operation of properly licensed marihuana safety compliance facilities as a special land use in the I-1 industrial district.  The Ordinance further amended the City’s Zoning Ordinance to include additional definitions related to medical marihuana facilities, and added provisions containing the minimum requirements and restrictions for authorized and licensed medical marihuana facilities to obtain and maintain a special use permit in order to operate as a special land use in the authorized districts.  Ordinance No. 2018-01 became effective on January 21, 2018.

            On April 10, 2018, the City adopted Ordinance No. 2018-02, which provides for additional amendments to Ordinance No. 2017-01, by amending subsection 1a of Section III of Ordinance No. 2017-01 to increase the total number of Class C grower licenses that may be authorized by the City from a maximum of 3 licenses to an unlimited number of licenses.

            Given the number of amendments to Ordinance No. 2017-01 since its adoption, City staff have observed that there is some confusion among some applicants for medical marihuana facilities licenses and some members of the public as to the current requirements applicable to medical marihuana facilities within the City.  It is anticipated that much of this confusion will be alleviated when the various ordinances are compiled within the City’s Code of Ordinances.  However, in the meantime, City staff have prepared this guide to assist applicants in understanding the current state of the City’s ordinances relating to medical marihuana facilities, by incorporating into the language of Ordinance No. 2017-01 the changes that were occasioned by the adoption of Ordinance No. 2017-02 and Ordinance No. 2018-02.  Applicants should be aware that this document is only provided as a guide to assist applicants and members of the public in understanding the applicable Ordinances, and does not supplant or modify any of the provisions of the City’s Ordinances, as adopted and amended.  Applicants are cautioned that they cannot rely upon the statement of the ordinance provisions stated herein, and they should consult the language of the Ordinances as adopted if they have any questions as to the current official applicable provisions of the Ordinances. 

City of Reading Medical Mariuhuana Facilities Licensing Act Ordinances Compilation

City of Reading Notice of Adoption Ordinance #2017-01

City of Reading Ordinance #2017-01 Medical Marihuana Facilities Ordinance

City of Reading Notice of Adoption Ordinance #2017-02

City of Reading Ordinance #2017-02 Medical Marihuana Facilities Ordinance    

Medical Marihuana Facilities Ordinance Zoning Ordinance #2018-01

Amendment Medical Marihuana Facilities Ordinance Zoning Ordinance 2018-02

Notice of Adoption Amendment Medical Marihuana Facilities Zoning Ordinance 2018-02