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1. What's the difference between the existing Michigan law, from 2008, and the new, effective December of 2016, law?

2008 -- In short, the 2008 laws provided a legal use of marihuana for medical purposes only by qualifying patients, and allowed caregivers to register and provide qualifying patients the marihuana. It also limited the amount of "usable" marihuana the patients could possess and the number of marihuana plants that could be grown. Marihuana dispensaries (selling) were not allowed.

2016 -- The 2008 laws are still in effect, but the 2016 laws allow for a series of commercial-like medical marihuana licenses: growing, processing, safety compliance (testing), transportation, and provisioning center (selling). Fewer restrictions apply, and the number of plants allowed to be grown may be well over 1,000 per license. A qualified patient or caregiver may purchase medical marihuana directly from a licensed provisioning center (dispensary). 

Recreational marijuana is not legal in Michigan at this time.

2. What are the five new medical marihuana licenses?

1. Grower -- A commercial entity that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center.

2. Processor -- A commercial entity that purchases marihuana from a grower and extracts resin from the marihuana, or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center.

3. Safety Compliance (testing) -- A commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants, tetrahydrocannabinol (THC) and other cannabinoids, returns the test results, and may return the marihuana to the facility.

4. Secure Transporter -- A commercial entity that stores marihuana and transports it between marihuana facilities for a fee.

5. Provisioning Center (selling) -- A commercial entity that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through their registered, primary caregivers.

3. If the city allowed any of the licenses, where could they be located?

City staff researched other, nearby communities to learn where they restrict or allow medical marihuana facilities. Through zoning regulations, which control land use, the city may allow these facilities in some areas, while prohibiting them in others. 

Based on staff research, allowable locations may be industrial areas, like the area of the W.K. Kellogg Airport, Fort Custer Industrial Park, and limited commercial corridors. At this time, these locations are conceptual, as seen on these Medical Marihuana Maps.

Such facilities may be prohibited near residential neighborhoods, churches, schools, parks, and day cares. These prohibited areas are similar to other communities.

4. What are nearby communities doing regarding this issue?

Community Comparisons:  Click Here to see what other communities near Battle Creek are deciding on allowing/disallowing MMLFA uses.

5. If the state issues a license, does that automatically give local approval, too?

No. 

The state-issued license does not automatically give approval at the city level. If the City Commission decides to allow medical marihuana licenses locally, there will be a new city permitting process and a set of local regulations that must be met.

Both a state license and local permit must be issued before a medical marihuana business can open in Battle Creek. At this time, it appears that a potential licensee would need conceptual approval from the city before the state would issue a medical marihuana license.

6. Are there prohibited locations for medical marihuana businesses?

Yes.

Based on current information, the state will restrict growing facilities to industrial and agricultural areas. Many cities are restricting further, keeping medical marihuana businesses a required distance away from schools, churches, parks, and residential properties. The City of Battle Creek has drafted conceptual maps, which show similar restrictions.

Click the link and scroll down the main Planning Division page to find the Medical Marihuana Maps

7. Is there a minimum age to purchase marihuana?

The State of Michigan has not established a minimum age. However, local communities may require a minimum age. Some nearby communities have used a minimum age of 18.

8. Can grocery stores, liquor stores, or gas stations sell medical marihuana?

According to state law, stores that sell, or allow on-site consumption of, alcohol or tobacco products cannot sell medical marihuana.

9. Why is marihuana spelled with an "h" and not a "j"?

Marihuana spelled with an "h" references the 2008 and 2016 Michigan laws pertaining to medical purposes. Marijuana with a "j" typically refers to recreational use.

10. If the city allows medical marihuana businesses, what can it regulate?

The city can regulate, in part:

-Location

-Number of permits/licenses

-Proximity to other uses/businesses

-Hours of operation

-Size and height of buildings

-Types of businesses

11. What's the difference between Michigan's medical marihuana and other states' recreational marijuana?

In Michigan, marihuana can only be grown, distributed, and sold for medical purposes. States allowing recreational marijuana use regulate marijuana in a way similar to alcohol.

12. Will I be notified about a proposed medical marihuana business in my neighborhood?

Maybe.

The City Commission may decide to require public notification for proposed medical marihuana businesses, depending on the type and number of licenses, or scale of the project.