On February 25, 2019, the City Commission adopted Ordinance #675 which prohibited all adult use marihuana establishments in the City of Marquette. The ordinance provided that the City Commission must review the ordinance within 60 days of the promulgation of final rules by the Michigan Department of Licensing and Regulatory Affairs but no later than February 4, 2020 if LARA fails to enact rules.
Legal and regulatory issues regarding the Michigan Regulation and Taxation of Marihuana Act (MRTMA) remain unsettled, making it difficult for municipalities and prospective operators of adult marihuana businesses to determine with certainty the current and future state of the law. Specifically, Attorney General Dana Nessel has created a work group to suggest possible changes to the MRTMA, and the Marijuana Regulatory Agency of the Michigan Department of Licensing and Regulatory Affairs has issued emergency rules that expire in early February 2020 and which create four additional license classifications.
Given the challenges mentioned above, along with the need to have a local zoning or licensing program in place, the City is not prepared to allow adult-use marihuana establishments to begin operating when the State starts to accept licensing applications on November 1, 2019.
At the direction of the City Commission, the City Attorney along with relevant staff have prepared the attached ordinance to allow adult use marihuana establishments in the City of Marquette to become effective June 1, 2020, to allow adequate time for City staff to draft license applications, assess the application and review process, establish license fees, review enforcement policies and amend the Land Development Code in order to provide a regulatory structure for adult use marihuana facilities licensed under the MRTMA.
Staff is recommending that a Public Hearing to consider the new ordinance be scheduled for the October 15, 2019 regular City Commission meeting.