Recreational Marihuana (Adult Use)
Voter approval of Proposal 18-1 on Nov. 6, 2018 resulted in the legalization of recreational marihuana for personal (adult) use and new business industry. Personal use is allowed state-wide; local municipalities cannot ban it. New recreational marihuana businesses (i.e. Growing, Processing, Retail, etc.) may be banned by local municipalities. During the July 16, 2019 City Commission workshop, City staff was directed to prepare an ordinance to allow for Recreational Marihuana businesses within the City of Battle Creek. This draft ordinance does not affect the legalization of residential use, possession, growing, or processing. More information on a future draft ordinance and public meetings will be coming soon. Here are the Recreational Marihuana State regulations and processes affecting both the residential use and the business industry.
Upcoming Public Meetings
- August 28: Planning Commission reviewing draft Zoning ordinance; provide recommendation to City Commission (date TBD)
- Location & Time: 4pm; 3rd Floor, Commission Chambers, City Hall; Downtown Battle Creek
- Staff report and related material can be found here:http://www.battlecreekmi.gov/387/Planning-Commission
- RESULTS: Planning Commission approves a recommendation to the City Commission of a draft ordinance to allow Recreational (Adult Use) Marihuana businesses: Grow, Process, Test, Transport Sell, and Microbusiness; not any of special license types.
- Next Steps: Draft Ordinance and new draft license will be presented to City Commission in October.
- Questions/ Comments: contact Planning Dept. (269) 966-3320.
- October 1st & 17: City Commission votes on Draft Ordinance and Draft License to permit Recreational Marihuana businesses
- Reports and related material can be found here: http://www.battlecreekmi.gov/420/Agendas-Minutes-Videos
Effective Tuesday, February 20, 2018, the Battle Creek City Clerk began accepting applications for Medical Marihuana Facility Permits. The Medical Marihuana Facilities permit application packet includes an outline of the process to apply for and receive a City Medical Marihuana Facility Permit, a provisioning center pick list, and the permit application. This application also appears on the City Clerk Business Licenses web page.
Contact the Clerk's Office with application questions, 269-966-3348. Contact Planning staff with questions about the ordinance, processes, or requirements, 269-966-3320.
Feb. 6, 2018 - The City Commission unanimously approved two Medical Marihuana ordinances 1.) Chapter 833 and 2.) Chapter 1230-1299 at Battle Creek's online ordinances.
The passing of these ordinances allows all five state-licensed medical marihuana facilities to be established in the City of Battle Creek: 1) growing; 2) processing; 3) testing; 4) transporting and storing; and 5) selling. See maps at bottom of page showing potentially eligible properties. Only state-licensed caregivers and patients may purchase medical marihuana.
A new City Medical Marihuana Facilities permit and fee is required, as well as a subsequent City Site Plan Application and building/trade permits. All applicants must be pre-qualified by the state prior to filing a City Medical Marihuana Facilities permit application. There are no caps on the number of licenses, and there is no deadline to submit a Medical Marihuana Facilities permit application.
The application, linked above, should be submitted in person to the Clerk's Office at City Hall, 10. N. Division St., either by the applicant or his/her state-licensed attorney.
Zoning regulations - rules & permits
Based on the community survey showing support of all five MMFLA uses and direction from the Planning Commission & City Commission, the new regulation establishes permits, processes and enforcement all five MMFLA uses in the city.
Required Permits and Licenses (Generally)- To operate any of the five MMFLA uses in the City of Battle Creek, the following will be required:
1. Approved State License
2.Issued City Medical Marihuana Permit (when complies with new zoning regulations and applicable building codes)
3. Site Plan Approval (If applicable)
4. Building / Trade Permits
Medical Marihuana facility types
The following are brief locational restrictions of the zoning regulations for the five MMFLA uses. All five uses are allowed in the City of Battle Creek and must meet the following City limitations.
Click each map thumbnail to view the larger version.
1) Growing & 2) Processing
These businesses are allowed only in the I-1 and I-2 industrial zoning districts, when located at least 1,000 feet from public parks, churches, schools, libraries, and residential zoned property. Growing and processing may take place only inside fully-enclosed buildings; no greenhouses/hoop houses are allowed. Use of roofs with a transparent material (like glass) may be allowed to provide sunlight in growing areas, but the roof must be entirely covered at night.
3) Safety Compliance Facility (testing)
These businesses are allowed only in the I-1 and I-2 industrial districts, and C-3 and C-4 commercial districts, when located at least 1,000 feet from public parks, churches, schools, libraries, and residential zoned property.
4) Secure Transporter (transporting & storage)
These businesses may transport and store medical marihuana. The city is regulating which roads a transporter may drive, but is restricting where marihuana will be stored: only in the I-1 and I-2 industrial districts, and C-3 commercial district, when located at least 1,000 feet from public parks, churches, schools, libraries, and residential zoned property.
5) Provisioning Center (selling)
These businesses are allowed only in the C-2, C-3, C-4, C-5, C-6, and C-7 commercial districts; and in I-1 and I-2 industrial districts when co-located on the same property as a grower and processor, or in a building which had a legally-operating retail use (any retail) at the date of the effective medical marihuana ordinance. All provisioning centers must be located at least 1,000 feet from another provisioning center; and at least 1,000 feet away from all K-12 schools and libraries. Depending on the market demand, the available properties for a provisioning center will become developed and eventually reach a maximum. For printing map, choose paper size 11" x 17".
Live Marihuana Provisioning Center map
Click the image below to review the live map of approved, pending, eligible sites for Medical Marihuana Provisioning Centers. This map is updated daily, at approximately 3 and 5 p.m.
To determine if the community supports any of the five new MMFLA uses and to inform policymakers on where the public stands, city staff distributed a survey to all utility customers, Neighborhood Planning Councils, and posted it online during October 2017.
The survey asked 11 questions, including whether respondents support each of the five uses; whether the city should limit the number of uses; and whether the city should place restrictions on these uses.
See the full survey results, linked at right. City of Battle Creek residents made up of 82 percent of respondents; and the majority of respondents supported all five MMFLA medical marihuana uses in the city with limitations.
Medical marihuana use in Michigan was permitted in 2008 under the 2008 Michigan Medical Marihuana Act (MMA), and generally only allows state licensed caregivers and patients to grow, sell, and consume marihuana for medical purposes, with certain limitations.
In 2016, the State of Michigan passed the Michigan Medical Marihuana Facilities Licensing Act (MMFLA), which allows a commercial-based industry for five MMFLA uses: 1) growing, 2) processing, 3) safety compliance facility (testing), 4) secure transporter (transportation), and 5) provisioning center (selling) of marihuana, for medical use only.