How did the passing of 2018 PA 10 affect section 205 of the MMFLA and how municipalities handle local approval, licensing, and reporting to MRA?

State law says that the Medical Marijuana Licensing Board shall not issue a state operating license to an applicant unless the municipality in which the applicant’s proposed marihuana facility will operate has adopted an ordinance that authorizes that type of facility.

 

A municipality may adopt an ordinance to authorize 1 or more types of marijuana facilities within its boundaries and to limit the number of each type of marijuana facility. A municipality may adopt other ordinances relating to marijuana facilities within its jurisdiction, including zoning regulations, but shall not impose regulations regarding the purity or pricing of marijuana or interfering or conflicting with this act or rules for licensing marijuana facilities.

 

A municipality that adopts an ordinance under this subsection that authorizes a marihuana facility shall provide the department with all of the following on a form prescribed and provided by the department:

 

  • An attestation that the municipality has adopted an ordinance under this subsection that authorizes the marihuana facility.
  • A description of any zoning regulations that apply to the proposed marihuana facility within the municipality.
  • The signature of the clerk of the municipality or his or her designee.
  • Any other information required by the department.

 

A municipal ordinance may establish an annual, nonrefundable fee of not more than $5,000.00 to help defray administrative and enforcement costs associated with the operation of a marihuana facility in the municipality.

 

The department may require a municipality to provide the following information to the department on a form prescribed and provided by the department regarding a licensee who submits an application for license renewal:

 

  • Information that the board declares necessary to determine whether the licensee’s license should be renewed.
  • A description of a violation of an ordinance or a zoning regulation adopted under subsection (1) committed by the licensee, but only if the violation relates to activities licensed under this act and rules or the Michigan medical marihuana act.
  • Whether there has been a change to an ordinance or a zoning regulation adopted under subsection (1) since the license was issued to the licensee and a description of the change.