Sample Ordinances Regulating Medical Marijuana Facilities

This bulletin provides a sample police power ordinance for authorizing one or more types of medical marijuana facilities in a municipality under the Medical Marihuana Facilities Licensing Act, MCL 333.27101, et seq.

INTRODUCTION:

This bulletin provides a sample police power ordinance for authorizing one or more types of medical marijuana facilities in a municipality under the Medical Marihuana Facilities Licensing Act, MCL 333.27101, et seq. (“MMFLA”) and the sample zoning ordinance amendments that should be adopted with it to regulate the location of the facilities and establish standards for approval. The zoning amendments must be adopted pursuant to the Michigan Zoning Enabling Act. A step-by-step checklist of procedures to amend a zoning ordinance is available from MSU Extension’s Land Use Series at lu.msue.msu.edu. See “Checklist # 4: For Adoption of a Zoning Ordinance Amendment (including some PUDs) in Michigan.”

A. To provide for medical marijuana facilities in a city, village, or township with its own existing zoning ordinance:

  1. Adopt a police power ordinance to authorize one or more facility types, and
  2. Adopt a zoning ordinance amendment regulating the location of the facilities and establishing standards for approval.

B. To provide for medical marijuana facilities in a township relying on county zoning:

  1. Adopt a police power ordinance to authorize one or more facility types. (Under the MMFLA only a city, village, or township can adopt a police power ordinance to authorize facilities.)
  2. Work with the county planning commission to place provisions in the county’s zoning ordinance regarding in which zoning districts to allow each facility type and special land use standards, including one for approval being location in a township that has adopted an ordinance authorizing such facility type.

C. A city or village without zoning may adopt a police power ordinance to provide for one or more medical marijuana facility types, but should seek legal advice from an experienced municipal attorney regarding whether a police power ordinance may be used to regulate placement or other aspects of facilities. D. A township without township or county zoning (or county zoning without amendments to regulate the location of facilities) may adopt a police power ordinance to provide for one or more medical marijuana facility types but probably cannot regulate where they are located because a township cannot exercise zoning power under the guise of a police power ordinance (Forest Hill Energy-Fowler Farms, LLC. v. Twp of Bengal).

D. A township without township or county zoning (or county zoning without amendments to regulate the location of facilities) may adopt a police power ordinance to provide for one or more medical marijuana facility types but probably cannot regulate where they are located because a township cannot exercise zoning power under the guise of a police power ordinance (Forest Hill Energy-Fowler Farms, LLC. v. Twp of Bengal).

Word Document: Sample Ordinances Regulating Medical Marijuana Facilities

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