Recreational Marihuana (Adult Use)
Voter approval of Proposal 18-1 on Nov. 6, 2018 resulted in the legalization of recreational (adult use) marihuana for personal use (adults only) 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.), however, may be banned and regulated by local municipalities.
Similar to Medical Marihuana - see below
To operate any Marihuana Facility in the City of Battle Creek follow these steps:
Step 1. Become Pre-qualified by the State.
Step 2. File a completed City Marihuana Permit and associated fee in person to the Clerk’s Office at City Hall, 10. N. Division St., either by the applicant or their state-licensed attorney.
Step 3. After a staff-level review and approval of a City Marihuana Permit, the applicant will receive a Conditionally-approved City Medical Marihuana Permit, effective up to 90 days.
Step 4. After gaining a Conditionally-approved Marihuana Permit, the applicant must file and gain an approved 1) Site Plan Application; and 2) Building permit within the 90-day period. If these approvals don’t occur within the 90-day period, the Conditional-approval Marihuana permit may be denied.
Step 5. By accomplishing Step 4 within the 90-day period, the applicant shall construction new/ renovate building for the new marihuana facility. Required City inspections must occur during construction phase.
Step 6. Once construction is completed, City inspections are satisfactory, and a Certificate of Occupancy is issued, the applicant will need to file for and gain a State License. This involves State inspections.
Step 7. Once the applicant has gained a State license, the applicant shall submit a completed City’s Final Marihuana Permit.
Step 8. After the City’s Final Marihuana Permit is submitted, reviewed, and approved, the applicant may open business/ start operation.
Zoning regulations - rules & permits
Staff report to the Planning Commission
Based on the community survey showing support for all five MMFLA uses and direction from the Planning Commission and City Commission, the new regulation establishes permits, processes, and enforcement of 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)
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.