Ferndale to Consider Ordinance for Medical Marijuana Businesses

Ferndale to Consider Ordinance for Medical Marijuana Businesses

(Crystal A. Proxmire, March 19, 2018)

Ferndale, MI- The City of Ferndale is moving forward with a proposed ordinance that would allow two medical marijuana related businesses to operate in the city.  A public hearing on the proposed ordinance change is scheduled for Wednesday, March 21, 2018 at the Planning Commission meeting which starts at 6:30pm at City Hall.

According to a memo provided by City Planner Justin Lyons “Staff’s recommendation is for the ordinance amendments to allow one (1) safety compliance facility and one (1) provisioning center, licensed as a marihuana facility under the Medical Marihuana Facilities Licensing Act. Allowing one of each type of facility gives the City the ability to consider any potential effect on public safety, parking considerations, etc. Growers, processors, and secure transporters would not be permitted at this time.”

Such businesses would be permitted in M-1 (Limited Industrial), M-2 (General

Industrial), and OS (Office/Service) zoned areas. And they would not be allowed within  500 feet of an educational institution, nursery school, or child care center, or another medical marihuana facility provisioning center or safety compliance facility.  Hours for the provisioning center would be limited no earlier than 9am and no later than 9pm Monday through Saturday and noon to 6pm on Sunday.

The memo also describes the application process and the businesses that opened under the previous ordinance.  “Once City Council has approved the ordinance amendments and the City formally “opts in”, interested applicants would pursue licensing through the State’s application process. After an applicant has been approved through the state and the proposed location meets the City’s ordinance requirements for zoning district and distance requirements, staff would review the application. If the application meets ordinance requirements, the application would be submitted  for review  by the Planning Commission as  a permitted use. The previous ordinance required special land use approval by City Council, but staff recommends that the requirements by the State and in the City ’s ordinance amendment s provide  enough review that special land use may not be necessary. The City previously approved five (5) medical marihuana facilities with special land use applications under the current ordinance. Those facilities are allowed to continue to operate under their existing  special land use approvals.  As discussed with each applicant during the special land use process, each facility would need to reapply to the State once the City had amended its ordinance.”

Ferndale Mayor Dave Coulter said “Staff had been thoroughly exploring our options and while we’re still studying which licenses to participate in, it’s important to us to offer residents access to medical marijuana in a safe and convenient way.”

BEYOND FERNDALE

Hazel Park and Walled Lake have already passed medical marijuana business ordinances. Hazel Park voted to allow four of any of the categories of business licensed by the State.

Walled Lake permits up to three each of: marijuana grower facilities, marijuana processor facilities and marijuana transporter facilities, plus one safety compliance facility in the “Limited Industrial District.” It also allows for one marijuana provisioning center in the “Central Business District,” and in the “General Commercial District” there can be up to two provisioning canters and one marijuana safety compliance facility These ordinances come in the wake of regulations set forth by The Medical Marihuana Facilities Licensing Act (PA 281 of 2016, MCL §333.27101).

The memo includes a summary of some of the MMFLA regulations:

Authorizes five (5) categories of state operating license holders: growers, processors, provisioning centers, safety compliance facilities and secure transporters.

Requires an applicant to submit a marihuana facility plan, which describes the type of marihuana facility, anticipated or actual number of employees, projected or actual gross receipts, a business plan, proposed marihuana facility location, and security plan.

Potential for a grower, processor, and provisioning center operation at one location, if under common ownership.

Applicants must provide capitalization with disclosure of the sources, such financing in the amount of $300,000 for a provisioning center and $200,000 for a safety compliance facility with not less than 25% of the required assets being liquid to cover initial expenses of the facility.

Applicants are also required to have marihuana inventory possessed by a registered qualifying patient or registered primary caregiver with no more than 15 ounces of usable marihuana or 72 marihuana plants utilized as marihuana inventory.

PROCESS

Once the ordinance language is approved by the Planning Commission, it will go to a vote of the City Council.  For the most up-to-date information visit the City of Ferndale website at https://ferndalemi.civicweb.net/Portal/.

For previous stories related to medical marijuana, including the history of medical marijuana in Ferndale, click here.

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