City Commission on January 16, 2018 voted to introduce two Medical Marihuana ordinances: 1) Draft Zoning Ordinance; and 2) Draft Medical Marihuana Permit Ordinance with an amendment that prohibits anyone to use medical marihuana in any form within a facility or on the property of a facility (medical marihuana facility). The City Commission will likely vote to adopt or not adopt both ordinances on Tuesday, February 6, 2018. This meeting will take place at City Hall, 3rd floor at 7:00 p.m.; public testimony is accepted.
December 19, 2017 - "The City Commission postpones introducing the draft zoning ordinance on MMFLA uses pending: 1) further review of State laws; and 2) THE DRAFTING OF A new draft City license ORDINANCE for medical marihuana uses associated with the ordinance under consideration. The draft ordinance and DRAFT City license ORDINANCE IS TENTATIVELY scheduled for the City Commission January 16th or February 6th meeting. Please check back for meeting confirmation."
December 13, 2017 - Planning Commission recommends to the City Commission to permit all five MMFLA uses. Follow this link to read the staff report to the Planning Commission and draft ordinances.
Adopted state acts - new legislation
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 pass 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.
Like the MMA, the MMFLA limits marihuana to be used for medical purposes, by licensed patients only. Read the FAQs, at right, to learn more about these new acts. Cities across the state, including Battle Creek, are deciding which, if any, of these licenses to permit in their communities, as the state begins accepting license applications for new MMFLA uses on Friday, Dec. 15, 2017.
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, distributed it to Neighborhood Planning Councils, and promoted it online, all 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 neighbors were 82 percent of respondents, and the majority of respondents supported all five MMFLA medical marihuana uses, with limitations, in the city.
Draft zoning regulations - new rules & permits
Based on the community survey, in support of all five MMFLA uses, and direction from the city commission, staff will draft new regulations to permit, process, and enforce all five MMFLA uses in the city.
Required Permits and Licenses - To operate any of the five MMFLA uses in the City of Battle Creek, the following permits will be required:
1. Approved City Medical Marihuana license (will be drafted soon)
2. Approved state license
3. Issued city permit (when complies with new zoning regulations and applicable building codes)
Draft zoning regulations - five uses
Following are brief summaries of the proposed draft zoning regulations for the five MMFLA uses. If approved by the City Commission, all five uses would be 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 day cares, churches, schools, and residences/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) would 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 day cares, churches, schools, and residences/residential zoned property.
4) Secure Transporter (transporting & storage)
These businesses may transport and store medical marihuana. The city is not likely to regulate which roads a transporter may drive, but will restrict where marihuana will be stored, which will be allowed only in the I-1 and I-2 industrial districts, and C-3 commercial district, when located at least 1,000 feet from day cares, churches, schools, and residences/residential zoned property.
5) Provisioning Center (selling)
These businesses are allowed only in the C-2, C-3, C-4, C-6, and C-7 commercial districts, and in I-1 and I-2 industrial districts if located on the same property as a grower and processor. All provisioning centers must be located at least 1,000 feet from another provisioning center. Depending on the market demand, the available properties for a provisioning center will be developed, and eventually reach a maximum.