Berkley Delays Decision on Marijuana Related Businesses

Berkley Delays Decision on Marijuana Related Businesses
(City of Berkley, Nov. 30, 2018)
Berkley, MI – The City Council and city administrators received a number of inquiries regarding how a proposed ordinance for marihuana establishments might be implemented in the City of Berkley. Council members felt more time was needed to understand state policies and other requirements before taking further action. This is a challenge because the state has not begun developing its procedures.
City Attorney John Staran noted that unlike the current Michigan Medical Marihuana Facilities Licensing Act that allows medical marihuana facilities to obtain a state license only in municipalities that have expressly elected to “opt-in” by ordinance, the Michigan Regulation and Taxation of Marihuana Act approved by state voters in November is written to do the opposite. Municipalities must “opt out” by ordinance to prohibit marihuana establishments.
“It is not unusual for a municipality when faced with a new proposed land use to adopt an ordinance or a moratorium,” Staran said. “Time is needed to fully vet the situation and determine what’s in the best interest of the City.”
Berkley Mayor Dan Terbrack added, “Part of our role is to make sure we’re acting in the best interest of the City. If we had a very clear set of standards on how to regulate these establishments in terms of the number of licenses and how they’ll operate, we could have a much more robust conversation. We still have a couple of years before the state finalizes its process.”
As such, the proposed ordinance will not be discussed at the December 3rd City Council meeting.

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