Marihuana

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.) may be banned by local municipalities. Read more about the State's Marihuana regulations and processes affecting both the residential use and the business industry.  

Updates

  • August 28: 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; no special license types. Staff report and related material can be found here: http://www.battlecreekmi.gov/387/Planning-Commission
  • October 1 and 15: City Commission approves Zoning and Licensing regulations to permit Recreational (Adult Use) Marihuana businesses
    • Approved licensing regulations 
    • Approved Zoning regulations. Once clicked at link, scroll down and expand Part 12 Planning & Zoning  and expand Title 6 Zoning. Several subchapters such as 1299 discuss Recreational Marihuana. 
    • There are no caps on any of the license types, but setbacks/ buffers do apply.
    • Allows the following Recreational (Adult Use) Marihuana Businesses: Growing, Processing, Testing, Transporting (storage element), Retail, and Microbusiness. No Special Licenses permitted. This ordinance does not affect the legalization of residential use, possession, growing, or processing.
  • November 1: State of Michigan accepts applications for Recreational (Adult Use) Marihuana Businesses in communities that do not prohibit such businesses. Here is information about the State's Recreational (Adult Use) Marihuana application process: https://www.michigan.gov/lara/0,4601,7-154-89334_79571_95189-507506--,00.html Recreational (Adult Use) Marihuana Businesses licensed by the State and City of Battle Creek are permitted in the City of Battle Creek. An approved license from the City of Battle Creek is also required.
  • Maps showing possible eligible sites for marihuana businesses provided further down web page.

Application

New Recreational (Adult Use) Marihuana Business Application  

Process

Similar to Medical Marihuana - see below

Medical Marihuana

Updates

February 6, 2018 - City Commission passed the following ordinances to allow Medical Marihuana businesses in the City of Battle Creek: 1.) Chapter 833 Licensing and 2.) Chapter 1230-1299 zoning regulations at Battle Creek's online ordinances. Marihuana businesses include: 1) growing; 2) processing; 3) testing; 4) transporting and storing; and 5) selling. See maps at bottom of page showing potentially eligible properties. Maps showing possible eligible sites for marihuana businesses provided further down web page.

Application

Medical Marihuana Facilities permit application packet includes: a) outline of the process to apply for and receive a City Medical Marihuana Facility Permit, b) a Provisioning Center pick list, and c) application. This application also appears on the City Clerk Business Licenses web page. Contact the Clerk's Office with application questions, 269-966-3348, or Planning staff about the ordinance, processes, or requirements at 269-966-3320. There are no caps on the number of licenses, and there is no deadline to submit a Medical Marihuana Facilities permit application.

Process

To operate any Medical Marihuana Facility in the City of Battle Creek follow the steps below.
Step 1. Become Pre-qualified by the State

Step 2. File a completed City Medical Marihuana Permit and associated fee in person to the Clerk's Office at City Hall, 10. N. Division St., either by the applicant or his/her state-licensed attorney. 

Step 3. After a staff-level review and approval of a City Medical 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 Licensure. 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. 

Medical & Adult Use Marihuana Maps

The following are brief locational restrictions of the zoning regulations for Medical & Adult Uses Marihuana licenses. 

Click each map thumbnail to view the larger version.

1) Growing & 2) Processing [Applies to Medical & Adult Use]

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.

marihuana combinedgrowingandprocessing map Opens in new window

3) Safety Compliance Facility (testing) [Applies to Medical & Adult Use]

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.

marihuana safetycompliancefacility map Opens in new window

4) Secure Transporter (transporting & storage) [Applies to Medical & Adult Use]

These businesses may transport and store medical marihuana. The city does not regulate which roads a transporter may drive, but is restricting where marihuana will be stored in only 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.

marihuanaDistricts securetransporter map Opens in new window

5) Provisioning Center & Retailer (selling) [Applies to Medical & Adult Use]

These businesses are allowed only in the C-2, C-3, C-4, C-5, C-6, and C-7 commercial districts. Provisioning Centers may also be located 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 and retailers must be located at least 1,000 feet from another provisioning center and retailer; 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".

marihuana ProvisionCenter map Opens in new window

6) Microbusiness [Applies to Adult Use only]

Microbusinesses are allowed only in the C-2, C-3, C-4, C-5, and C-6 commercial districts.  All Microbusinesses must be located at least 1,000 feet from another microbusiness, retailer, and provisioning center; at least 1,000 feet away from all K-12 schools and libraries; and cannot be on a lot which abuts a lot containing a residence or is zoned residential. Depending on the market demand, the available properties for a microbusiness will become developed and eventually reach a maximum.  For printing map, choose paper size 11" x 17". THIS MAP HAS BEEN NOT UPDATED; CONTACT CITY PLANNING DEPT. FOR ELIGIBLE SITES.

Microbusiness

Live Marihuana Provisioning Center & Retailer map [Applies to Medical & Adult Use]

Click the image below to review the live map of approved, pending, eligible sites for Medical Marihuana Provisioning Centers and Retailers. This map is updated daily, at approximately 3 and 5 p.m.

Screenshot of live marihuana provisioning centers map


Zoning regulations - rules & permits

Staff report to the Planning Commission

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

Community input

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.

Community survey results

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 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.