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Ypsilanti Cannabis Ordinances

CITY OF YPSILANTI NOTICE OF ADOPTED ORDINANCE


Ordinance No. 1370


An Ordinance Entitled “Medical and Recreational Marijuana Facility Zoning Modifications”


Definitions (Article II, Sec. 122-203)


Eliminates medical marijuana growing and/or processing facility and recreational marihuana growing and/or processing facility definitions and replaces with the following:


Marihuana growing and/or processing facility means a facility for the cultivation and/or processing of medical or recreational marihuana into a usable form. Also a “grower” or “processor” as defined by the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, as amended, or a “marihuana grower” or “marihuana processor” as defined by the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018.


Eliminates recreational from the following definitions: recreational marihuana microbusiness, recreational marihuana retailer, and recreational marihuana safety compliance facility.


Eliminates medical marihuana from the medical marihuana provisioning center definition.


Permissible Uses Charts (Article IV, Divisions 2 and 3)


Correctly match the text of uses to the modified definition names where applicable in PMD, C, NC, GC, HHS. Specific Standards for Certain Uses (Article V, Division 1) Eliminates section 122-537 Medical Marijuana Provisioning Centers and 122-538 Medical Marijuana growing and/or processing facilities, amending relevant text into section 122-550 and 122-548, respectively.


That Section 122-522 be amended as follows:


Designated consumption establishment.


a) Generally. Nothing in this Chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall the y be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the State of Michigan laws and rules. Also, since Federal law is not affected by the Act or the General Rules, nothing in this Chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under Federal law.

b) The following standards for a designated consumption establishment apply:

1. The facility shall operate at all times in compliance with the General Rules of the Michigan Department of Community Health, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

2. The site shall not be located within one thousand (1,000) feet of a school, as measured from the outermost boundaries of the lot or parcel on which the designated consumption establishment is located to the outermost boundaries of the lot or parcel on which the school is located;

3. The designated consumption establishment site shall not be located within hundred (500) feet of a lawfully existing five designated consumption establishment a s measured from the outermost boundaries of the lot or parcel on which the proposed designated consumption establishment is located to the outermost boundaries of the lot or parcel on which the lawfully existing designated consumption establishment is loca ted;

4. All activity related to the designated consumption establishment shall be done indoors;

5. The premises shall be open for inspection upon request by the Building Official, the Fire Department and law enforcement officials for compliance with all applic able laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises.

6. All marihuana shall be contained within the main building in an enclosed, locked facility in accordance with the General Rules of t he Michigan Department of Community Health, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein,

7. All designated consumption establishment licenses must be registered with and licensed by the State Department of Licensing and Regulatory Affairs, as well as be permitted under Chapter 7 of the City Code of Ordinances;

8. The dispensing of marihuana shall be prohibited.

9. The designated consumption establishment and site shall not be altered expanded without approval from the Planning Commission, subject to Sec. 122 328.


That Section 122525 be amended as follows:


Excess Marihuana Grower


a)Generally. Nothing in this Chapter, or in any companion regulatory provision adopted in any other pro vision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the State of Michigan laws an d rules. Also, since Federal law is not affected by the Act or the General Rules, nothing in this Chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under Federal law.

b) The following standards for an excess marihuana grower apply:

1. The facility shall operate at all times in compliance with the General Rules of the Michigan Department of Community Health, the MTA, the M RTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

2. The excess marihuana grower site shall not be located within one thousand (1,000) feet of a school, as measured from the outermost boundaries of the lot or parcel on which the excess marihuana grower facility is located to the outermost boundaries of the lot or parcel on which the school is located;

3. Use of marihuana is prohibited on the premises unless otherwise noted;

4. All activity related to the excess marihuana grower facility shall be done indoors;

5. The premises shall be open for inspection upon request by the Building Official the Fire Department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises.

6. Drive-through and walkup or similar facilities shall be prohibited;

7. All marihuana shall be contained within the main building in an enclosed facility in accordance with the General Rules of the , locked Michigan Department of Community Health, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein

8. That portion of the structure where the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Ypsilanti Fire Department to ensure compliance with the Michigan Fire Protection Code;

9. All excess marihuana grower facilities must be registered with and licensed by the State Department of Licensing and Regulatory Affairs, as well as be permitted under Chapter 7 of the City Code of Ordinances;

10. The dispensing of marihuana shall be prohibited.

11. There shall be no other accessory uses permitted within the same building, other than those clearly necessary for continued operation, such as offices, employee facilities, and storage.

12. The excess marihuana grower facility and site shall not be altered or expanded without approval f rom the Planning Commission, subject to Sec. 122328.


That Section 122536 be amended as follows:


Marihuana secure transporter.


a) Generally. Nothing in this Chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the State of Michigan laws and rules. Also, since Feder al law is not affected by the Act or the General Rules, nothing in this Chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under Federal law.

b) The following standards for a marihuana secure transporter facility apply:

1. The facility shall operate at all times in compliance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MT A, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

2. The site shall not be located within one thousand (1,000) feet of a school, as measured from the outermost boundaries of the lot or pa rcel on which the secure transporter facility is located to the outermost boundaries of the lot or parcel on which the school is located;

3. The marihuana secure transporter facility site shall not be located within five hundred (500) feet of a lawfully existing marihuana secure transporter facility as measured from the outermost boundaries of the lot or parcel on which the proposed marihuana secure transporter facility is located to the outermost boundaries of the lot or parcel on which the lawfully existing marihuana secure transporter facility is located;

4. Use of marihuana is prohibited on the premises unless otherwise noted;

5. All activity related to the marihuana secure transporter shall be done indoors;

6. The premises shall be open for inspection upon request by the Building Official, the Fire Department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises.

7. All marihuana shall be contained within the main building in an enclosed, locked facility in accordance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MTA, the MRTMA, as well as any and all administrative rules or regulations contained or adopted under the authority therein;

8. All marihuana secure transporter facilities must be registered with and licensed by the State Department of Licensing and Regulatory Affairs, as well as be permitted under Chapter 7 of the City Code of Ordinances;

9. The dispensing of marihuana shall be prohibited.

10. There shall be no other accessory uses permitted within the same building, other than those clearly necessary for continued operation, such as offices, employee facilities, and storage.

11. The marihuana secure transporter site shall not be altered or expanded without approval from the Planning Commission, subject to Sec. 122-328.


That Section 122548 be amended as follows:


Marihuana Growing and/or Processing Facilities.


a) Generally. Nothing in this Chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall the y be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the State of Michigan laws and rules. Also, since Federal law is not affected by the Act or the General Rules, nothing in this Chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under Federal law.

b) The following standards for marihuana growing and/or processing facilities apply:

1. The facility shall operate at all times in compliance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein ;

2. The marihuana growing and/or processing facility site shall not be located within one thousand (1,000) feet of a school, as measured from the outermost boundaries of the lot or parcel on which the marihuana growing and/or processing facility is located to the outermost boundaries of the lot or parcel on which the school is located;

3. The marihuana growing and/or processing facility site shall not be located within five hundred (500) feet of a lawfully existing marihuana growing and/or processing facility as measured from the outermost boundaries of the lot or parcel on which the proposed marihuana growing and/or processing facility is located to the outermost boundaries of the lot or parcel on which the lawfully existing marihuana growing and/or processing facility is located. This requirement is waived in PMD zoning districts;

4. Use of marihuana is prohibited on the premises unless otherwise noted;

5. All activity r elated to the marihuana growing and/or processing facility shall be done indoors;

6. The premises shall be open for inspection upon request by the Building Official the Fire Department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises.

7. Drive-through and walkup or similar facilities shall be prohibited;

8. All marihuana shall be contained within the main building in an enclosed, locked facility in accordance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MTA, the MRTMA, as well as any and all administrative rules or regulations contained or adopted under the authority therein;

9. That portion of the structure where the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Ypsilanti Fire Department to ensure compliance with the Michigan Fire Protection Code;

10. All marihuana growing and/or processing facilities must be registered with and licensed by the State Department of Licensing and Regulatory Affairs, as well as be permitted under Chapter 7 of the City Code of Ordinances;

11. The dispensing of marihuana shall be prohibited.

12. There shall be no other accessory uses permitted within the same building, other than those clearly necessary for continued operation, such as offices, employee facilities, and storage.

13. The marihuana growing and/or processing facility and site shall not be altered or expanded without approval from the Planning Commission, subject to Sec. 122 328.

That Section 122549 be amended as follows:


Marihuana Microbusiness


a) Generally. Nothing in this Chapter, or in any companion regulatory provision any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the State of Michigan laws and rules. Also, since Federal law is not affected by the Act or the General Rules, nothing in this Chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under Federal law.

b) The following standards for Marihuana Microbusiness apply:

1. The facility shall operate at all times in compliance with the General Rules of the Michigan Department of Community Health, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

2. The site shall not be located within one thousand (1,000) feet of a school, as measured from the outermost boundaries of the lot or parcel on which the marihuana microbusiness is located to the outermost boundaries of the lot or parcel on which the school is located;

3. The marihuana microbusiness facility site shall not be located within (500) feet of a lawfully one thousand existing marihuana microbusiness, as measured from the outermost boundaries of the lot or parcel on which the proposed marihuana microbusiness is located to the outermost boundaries of the lot or parcel on which the lawfully existing marihuana microbusines s is located;

4. Use of marihuana is prohibited on the premises unless otherwise noted;

5. All activity related to the safety and compliance shall be done indoors;

6. The premises shall be open for inspection upon request by the Building Official the Fire Department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises.

7. Drivethrough and walkup or similar facilities shall be prohibited

8. All marihuana shall be contained within the main building in an enclosed, locked facility in accordance with the General Rules of the Michigan Department of Community Health, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein administrative rules or regulations contained or adopted under the authority therein;

9. That portion of the structure where the storage of any chemicals shall be subject to inspection and approval by the Ypsilanti Fire Department to ensure compliance with the Michigan Fire Protection Code;

10. All marihuana microbusiness facilities must be registered with and licensed by the State Department of Licensing and Regulatory Affairs, as well as be permitted under Chapter 7 of the City Code of Ordinances;

11. Growing, cultivation, processing, testing and sales of marihuana in the microbusiness is allowed so long as it is done within the facility and has a maximum of 150 plants as allowed by the MRTMA and the State department Licensing and Regulatory Affairs;

12. There shall be no other accessory uses permitted within the same building, other than those clearly necessary for continued operation, such as offices, employee facilities, and storage.

13. The marihuana microbusiness and site shall not be altered or expanded without approval from the Planning Commission, subject to Sec. 122-328.


That Section 122550 be amended as follows:

Marihuana Retailers and/or Provisioning Centers.

(a) Generally. Nothing in this Chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the State of Michigan laws and rules. Also, since Federal law is not affected by the Act or the General Rules, nothing in this Chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under Federal law.

(b) The following standards for recreational marihuana retailers and/or medical marihuana provisioning centers apply:

(1) The facility shall operate at all times in compliance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(2) A marihuana retailer and a provisioning center may be co-located in the same facility so long as it complies with Chapter 7 of the City Code of Ordinances, the MMFLA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(3) The marihuana retailer and/or provisioning center shall not be located within one thousand (1,000) feet of a school, as measured from the outermost boundaries of the lot or parcel on which the marihuana retailer and/or provisioning center is located to the outermost boundaries of the lot or parcel on which the school is located;

(4) The marihuana retailer and/or provisioning center shall not be located within five hundred (500) feet of a lawfully existing marihuana retailer and/or provisioning center as measured from the outermost boundaries of the lot or parcel on which the proposed marihuana retailer and/or provisioning center is located to the outermost boundaries of the lot or parcel on which the lawfully existing marihuana retailer and/or provisioning center is located;

(5) Use of marihuana is prohibited on the premises;

(6) All activity related to the marihuana retailer and/or provisioning center shall be done indoors;

(7) The premises shall be open for inspection upon request by the Building Official, the Fire Department, and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises.

(8) Drive-through and walk-up or similar facilities shall be prohibited;

(9) All marihuana shall be contained within the main building in an enclosed, locked facility in accordance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA the MTA, the MRTMA, as well as any and all administrative rules or regulations contained or adopted under the authority therein;

(10) All marihuana retailers and/or provisioning centers must be registered with and licensed by the State Department of Licensing and Regulatory Affairs, as well as be permitted under Chapter 7 of the City Code of Ordinances;

(11) Growing, cultivation, or processing of marihuana in a marihuana retailer and/or provisioning center is prohibited;

(12) If a special land use, the existing marihuana retailer and/or provisioning center facility and site shall not be altered or expanded without approval from the Planning Commission, subject to Sec. 122-328.


That Section 122-551 be amended as follows:


Marihuana Safety Compliance Facilities


a) Generally. Nothing in this Chapter, or in any companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marihuana not in strict compliance with the State of Michigan laws and rules. Also, since Federal law is not affected by the Act or the General Rules, nothing in this Chapter, or in an y companion regulatory provision adopted in any other provision of this Code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under Federal law.

b) The following standards for Marihuana Safety Compliance Facilities apply:

1. The facility shall operate at all times in compliance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MTA, the MRTMA as well as any and all administrative rules or regulations contained or adopted under the authority therein;

2. The marihuana safety compliance facility site shall not be located within one thousand (1,000) feet of a school, as measured from the outermost boundaries of the lot or parcel on which the marihuana safety compliance facility is located to the outermost boundaries of the lot or parcel on which the school is located;

3. The marihuana safety compliance facility site shall not be located within five hundred (500) feet of a lawfully existing marihuana safety compliance facility as measured from the outermost boundaries of the lot or parcel on which the proposed marihuana safety compliance facility is located to the outermost boundaries of the lot or parcel on which the lawfully existing marihuana safety compliance facility is located;

4. Use of marihuana is prohibited on the premises unless otherwise noted;

5. All activity related to the marihuana safety compliance facility shall be done indoors;

6. The premises shall be open for inspection upon request by the Building Official the Fire Department and law enforcement officials for compliance with all applicable laws and rules, during the stated hours of operation/use and as such other times as anyone is present on the premises.

7. All marihuana shall be contained within the main building in a n enclosed, locked facility in accordance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, the MTA, the MRTMA, as well as any and all administrative rules or regulations contained or adopted under the authority therein;

8. That portion of the structure where the storage of any chemicals shall be subject to inspection and approval by the Ypsilanti Fire Department to ensure compliance with the Michigan Fire Protection Code;

9. All marihuana safety compliance facilities must be registered with and licensed by the State Department of Licensing and Regulatory Affairs, as well as be permitted under Chapter 7 of the City Code of Ordinances;

10. The dispensing of marihuana shall be prohibited.

11. There shall be no other accessory uses permitted within the same building, other than those clearly necessary for continued operation, such as offices, employee facilities, and storage.

12. The marihuana safety compliance facility and site shall not be altered or expanded without approval from the Planning Commission, subject to Sec. 122 328.


To further amend Article V, Use Restrictions, Division 1: Specific Standards for Certain Uses, to ensure that the sections are located in alphabetical order; sections in said Division are renumbered, and that references to those sections are updated throughout the Chapter. MADE, PASSED, AND ADOPTED BY THE YPSILANTI CITY COUNCIL THIS 1st DAY OF December , 2020 . ______________________________ Andrew Hellenga, City Clerk


Ordinance 1339


An Ordinance to Amend Ypsilanti City Code, Chapter 7, Medical Marijuana, to Allow for the Transfer of Local Permits for Medical Marijuana Facilities.


1. THE CITY OF YPSILANTI ORDAINS that Chapter 7, Medical Marijuana, Section 7-4 through Section 7-8, in the Ypsilanti City Code be amended to read as follows:


CHAPTER 7 – MEDICAL MARIJUANA


Sec. 7-4. – Permit required.


(a) No person shall own, operate, or maintain a marijuana facility in the city without first applying for an receiving a permit through the City Clerk.

(b) Any medical marijuana dispensary provisioning center or medical marijuana growing/manufacturing facility licensed by the City of Ypsilanti and opened prior to the adoption of the MMFLA must file for a permit under this chapter no later than February 1, 2018. No other applications will be accepted by the city until March 1, 2018. Within 30 days after a pre-existing application is denied, the preexisting dispensary or growing/manufacturing facility shall discontinue all operation unless the building or other code official determines it must be closed sooner for safety reasons.

(c) For the purposes of the permit required by this chapter, a processor and grower are treated as one permit. More than one state operating license(s) required for the operation of such may be combined at the same location under one permit.

(d) The number of permits issued and renewed in any year shall be capped at seven for provisioning centers and three for growers/processors.

(e) Effective June 15, 2018, any permit shall automatically terminate and become void if the use permitted by this chapter stops for 90 days or more.

(f) A permit shall may be issued or renewed, or its transfer authorized, by the City Clerk upon payment of the required fee and submission of a completed application in compliance with the provisions of this chapter, and compliance with all provisions and requirements of this chapter, the MMMA, the MMFLA, and the MTA. Application An application to renew a permit under this chapter shall be filed at least 30 days prior to the date of expiration. Such renewal shall be annual and shall be accompanied by the annual fee. A permit-transfer application shall be required of

(1) a medical marijuana operator who will be the transferee of both an existing state operating license and an existing city permit;

(2) a medical-marijuana operator who will be the recipient of a new state operating license and the transferee of an existing city permit;

(3) a permit holder who will continue operation of an existing medical marijuana facility if any of the following will occur:

i. The applicant or operator name on the permit holder’s state operating license changes.

ii. Any change in any interest in a city permit, including, but not limited to, any change in ownership interest of the permit holder, including change of owners, stockholders, partners or members, and any change in the management of the permit holder, including change of directors, officers or managing members or partners.

(g) Every applicant shall pay a fee at the such time of the as the city reviews its application for an initial or renewal permit, renewal of a permit, or transfer of a permit, which fee shall be set by council resolution. Said fee is non-refundable if the application is reviewed.

(h) The permit requirements set forth in this chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or local law.

(i) The issuance of any permit pursuant to this chapter does not create an exception, defense, or immunity to any person in regard to any potential criminal liability the person may have for the production, distribution, or possession of marijuana, possession of drug paraphernalia, or presence in places where drugs are being used, stored, or kept.

(j) All marijuana facilities shall have a sign measuring at least 11 × 17 inches installed and maintained in a conspicuous location visible to all persons entering the premises located inside the building that reads as follows:


THE MICHIGAN MEDICAL MARIHUANA ACT ACKNOWLEDGES THAT "FEDERAL LAW CURRENTLY PROHIBITS ANY USE OF MARIHUANA EXCEPT UNDER VERY LIMITED CIRCUMSTANCES." SEE MCL 333.26422(c). IF YOU HAVE ANY QUESTIONS OR CONCERNS PLEASE CONSULT WITH YOUR ATTORNEY.


Sec. 7-5. – Application.


(a) Initial permit. Every applicant for a an initial permit under this chapter shall file an application under notarized oath with the City Clerk upon a form provided by the city, which shall fulfill all of the requirements indicated on the form, including, but not limited to:

(1) The name, age, and address of applicant and operator:

(i.) Name, age, and address of the applicant and all partners of the applicant, including proof that the applicant and/or proposed employees are at least 21 years of age;

(ii.) Name, age, and address of the operator of the marihuana marijuana facility in cases where this differs from the applicant;

(iii.) In the case of corporations, partnerships, non-profit organizations, or other business types, the applicant shall be the highest level official or employee of the entity such as, board president, chief executive officer, executive director, or comparable position;

(iv.) If the applicant is a corporation, a copy of the articles of incorporation and current corporation records disclosing the identity identities, ages, and residential addresses of all directors, officers, and shareholders. Include the address of the corporation itself office, if different from the address of the marihuana marijuana facility, and the name and address of the resident agent for the corporation;

(v.) If the applicant is a limited liability company, a copy of the LLC operating agreement and current company records disclosing the identities, ages, and residential addresses of all officers, directors (if any), and members. Include the address of the company office, if different from the address of the marijuana facility, and the name and address of the managing member for the company;

(vi.) If the applicant is a partnership, the names, ages, and residence address of each of the partners and the partnership itself office, if different from the address of the marihuana marijuana facility, and the name and address of the resident agent;

(vii.) Photo identification of the applicant and operator and/or driver's license; and

(viii.) The professional licensing history of the applicant; whether such person has had a professional license issued, revoked, or suspended. If the applicant has had a professional license revoked or suspended, the reason therefore, and the business activity or occupation subsequent to such action of suspension or revocation.

(ix.) A copy of the application for the state operating license.

(2) The location and mailing address and all telephone numbers where the business is to be conducted, and the name and address of the owner, if different from the holder of the permit, and written evidence of the applicant's right to possession of the premises.

(3) An area map, drawn to scale, indicating within a radius of 1,000 feet from the boundaries of the proposed marijuana facility site, the proximity of the site to any school or existing marijuana facility and zoning permit or similar clearance from the zoning administrator verifying the proposed use of the location at which the license will be utilized is in compliance with the zoning ordinance.

(4) A certificate of occupancy or similar clearance from the building department verifying the structure and premises at which the permit will be utilized is in compliance with building, property maintenance, and all other applicable local code provisions. The certificate of occupancy is required within 60 days of the permit being issued, and is required before opening of the marijuana facility.

(5) A statement that the applicant will not violate any of the laws of the state of Michigan or the ordinances of the city of Ypsilanti in conducting the business in which the permit will be used, and that a violation on the premises may be cause for objecting to renewal of the permit, or for requesting revocation of the permit. (6) A signed release included with the application form permitting the police department to perform a criminal background check to ascertain whether the applicant and operator named on the application have been convicted of a felony. (7) A description of the security plan for the facility, including, but not limited to, any lighting alarms, barriers, recording/monitoring devices, and/or security guard arrangements proposed for the marihuana marijuana facility and premises.

(8) Proof of insurance for fire damage in the amount of the value of the premises and liability insurance with minimum limits of $500,000.00.

(9) A description of the process for and proof of compliance with the statewide monitoring system as required by the MMFLA and MTA.

(10) A description of the products and services to be provided by the marihuana marijuana facility, including retail sales of food and/or beverages, if any, and any related accommodations or facilities.

(11) A description of the facility’s safety and quality-control procedures.

(12) Detailed A detailed description of all marijuana storage facilities.

(13) A detailed description of the facility’s procedures for storage and point of sale.


(b) Renewal of permit. Every applicant for the renewal of a permit under this chapter shall file an application under oath with the City Clerk upon a form provided by the city, which shall fulfill all of the requirements indicated on the form and not waived under subsection (c) of this section, including, but not limited to:

(1) Items (1) through (6), (8) through (10), and (12), under subsection (a) of this section.

(2) A detailed description of any changes to the facility’s security plan since the applicant’s most recent application.

(3) A detailed description of any crimes or attempted crimes, reported or unreported, that have occurred on-site at the facility or at another location but in connection with the activities of the facility, since the applicant’s most recent application.

(4) A detailed description of any changes to the facility’s safety or quality-control procedures since the applicant’s most recent application.

(5) A detailed description of any changes to the facility’s storage or point-of-sale procedures since the applicant’s most recent application.

(c) Transfer of permit. State approval of the transfer of a state operating license or issuance of a new state operating license shall be a prerequisite for any transfer of a city permit except under section 7-4(f)(3)(ii) of this chapter. Every applicant for the transfer of an existing permit under this chapter shall file an application under oath, by both the transferor and transferee, with the City Clerk upon a form provided by the City, which shall include all of the following:

(1) The names of the transferor and transferee;

(2) All information required for an application for a new permit by the proposed transferee;

(3) Any materials submitted at the state level during the approval process for the transfer of a state operating license.

(4) The City Clerk may waive any minor irregularities or incompleteness of an application for the transfer of an existing permit to the extent that a sufficiently thorough review and investigation of the application and parties can be made in a timely manner.


Sec. 7-6 – Approval of application.


The City Clerk may issue, renew, or authorize the transfer of a permit under this chapter if inspections for safety, zoning compliance, criminal history background checks, and all other information available to the city verify that the applicant has submitted a full and complete application, paid the appropriate fee, has made improvements to the business location consistent with the application, and is prepared to operate the business within compliance with this Code and any other applicable law, rule, or regulation. The city manager or designee will deny any application that does not meet the requirements of this chapter or any other applicable law, rule, or regulation or that contains any false or incomplete information. In evaluating an application for an initial permit, renewal of a permit, or transfer of an existing permit, city staff may consider whether the following factors apply:

(1) All information in the application is true and the application contains no errors.

(2) The application is informative and contains no omissions. The components of the application provide enough detail for city staff to thoroughly evaluate the strength of the application.

(3) On its face, the application is organized and well thought out.

(4) The application evidences the applicant’s intention and ability to comply with all provisions and requirements of this chapter, the MMMA, the MMFLA, the MTA, and other applicable state and local laws. Where necessary, the application explains how the facility’s policies ensure compliance.

(5) The background check evidences the applicant’s suitable character and fitness.

(6) For application for an initial permit, the facility’s security plan is detailed and provides reasonable assurance that the facility’s design and standard operating procedures deter crime.

(7) For applications for an initial permit, the application describes safety procedures that provide reasonable assurance of the safety of patients and employees.

(8) For applications for an initial permit, the application describes storage design and point-of-sale procedures that provide reasonable assurance that marijuana products are stored and sold safely and securely.

(9) For applications for the renewal of an existing permit, the facility has not made any changes to its security plan that diminish deterrence of crime.

(10) For applications for the renewal of an existing permit, the facility has not made any changes to its safety procedures that diminish the safety of patients or employees.

(11) For applications for the renewal of an existing permit, the facility has not made any changes to its storage design, storage procedures, or point-of-sale procedures that diminish the ability to track or safely store marijuana products.

(12) For applications for the transfer of an existing permit, the proposed transfer would not drastically change the status quo for the residents of Ypsilanti with respect to their experience of the presence of medical marijuana facilities in their city, with particular regard for:

(i.) The appearance of buildings, particularly in the downtown area and all historic districts.

(ii.) Signage visible to the public.

(iii.) The effect on local businesses.


Sec. 7-7 – Violations and penalties.


Any person who is found to be in violation of this article shall be responsible for a misdemeanor and shall be subject to a fine of up to 90 days in jail and/or not more than $500.00.


Sec. 7-8. – Conditions necessary.


No permit shall be issued, renewed, or transferred under this chapter unless the city confirms the proposed marijuana facility complies with all of the following minimum requirements:

(1) All provisions of the city building, fire, electrical, and health codes have been fulfilled.

(2) All relevant provisions of chapter 122 of this Code have been fulfilled.

(3) The applicant and operator shall not have any felony convictions.

(4) The applicant or business has no outstanding back taxes, fines, fees, or liens owed to the city.

(5) A business license has been obtained from the city assessor.

(6) A state operating license has been issued or pre-approved for the operator.


2. Severability. If any clause, sentence, section, paragraph, or part of this ordinance, or the application thereof to any person, firm, corporation, legal entity, or circumstances, shall be for any reason adjudged by a court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not effect, impair, or invalidate the remainder of this Ordinance and the application of such provision to other persons, firms, corporations, legal entities, or circumstances by such judgment shall be confined in its operation to the clause, sentence, section, paragraph, or part of this Ordinance thereof directly involved in the case or controversy in which such judgment shall have been rendered and to the person, firm, corporation, legal entity, or circumstances then and there involved. It is hereby declared to be the legislative intent of this body that the Ordinance would have been adopted had such invalid or unconstitutional provisions not have been included in this Ordinance.


3. Repeal. All other Ordinances inconsistent with the provisions of this Ordinance are, to the extent of such inconsistencies, hereby repealed.


4. Copies to be available. Copies of the Ordinance are available at the office of the city clerk for inspection by, and distribution to, the public during normal office hours.


5. Publication and Effective Date. The City Clerk shall cause this Ordinance, or a summary of this Ordinance, to be published by printing the same in the Ann Arbor News. This Ordinance shall become effective after publication at the expiration of 30 days after adoption.


MADE, PASSED AND ADOPTED BY THE YPSILANTI CITY COUNCIL THIS 16th DAY OF July, 2019.


CITY OF YPSILANTI NOTICE OF ADOPTED ORDINANCE Ordinance No. 1319


An ordinance to amend Chapter 7 “Medical Marijuana” of the Code of Ordinances of the City of Ypsilanti to provide for state licensing deadlines as determined by the administrative rules set by the State of Michigan


1. THE CITY OF YPSILANTI HEREBY ORDAINS that Chapter 7 “Medical Marijuana” of its Code of Ordinances be amended to read as follows:


Sec. 7-3. - Adoption of state rules and regulations.


All activities related to medical marijuana shall be in compliance with the General Rules of the Michigan Department of Community Health, the MMMA, the MMFLA, MTA, as well as any and all administrative rules or regulations contained or adopted under the authority therein.


Pursuant to the MMFLA, the City of Ypsilanti authorizes the operation in the city of the following marijuana facilities, provided they possess a state operating license issued under the MMFLA and they comply with the additional requirements of this chapter, chapter 122 of this Code, and all other applicable laws and ordinances:

(1) Grower, including Class A, Class B, and Class C grower.

(2) Processor.

(3) Provisioning center.


No later than February 15, 2018, all previous medical marijuana dispensaries and medical marijuana growing/manufacturing facilities licensed by the City of Ypsilanti previous to the adoption of the MMFLA are required to apply for a state operating license to operate in the city. Such a state operating license must be issued on or before June 15, 2018 the deadline for state operating licensure established by the administrative rules or regulations of the State of Michigan adopted under the MMFLA regarding “temporary operation,” as defined therein. Likewise, all licenses issued by the city for medical marijuana dispensaries and medical marijuana growing/manufacturing facilities current and valid as of December 31, 2017, shall be continued under the same rules and regulations as issued until June 15, 2018, the issuance of a permit under this chapter, or the denial of an application under this chapter, whichever occurs first.


Sec. 7-4. - Permit required.


(a) No person shall own, operate, or maintain a marihuana facility in the city without first applying for and receiving a permit from the city clerk's office.

(b) Any medical marijuana dispensary or medical marijuana growing/manufacturing facility licensed by the City of Ypsilanti and opened prior to the adoption of the MMFLA must file for a permit under this chapter no later than February 1, 2018. No other applications will be accepted by the city until March 1, 2018. Within 30 days after a pre-existing application is denied, the pre-existing dispensary or growing/manufacturing facility shall discontinue all operation unless the building or other code official determines it must be closed sooner for safety reasons.

(c) For the purposes of the permit required by this chapter, a processor and grower are treated as one permit. More than one state operating license(s) required for the operation of such may be combined at the same location under one permit.

(d) The number of permits issued and renewed in any year shall be capped at seven for provisioning centers and three for growers/processors.

(e) Effective upon the issuance of a state operating license June 15, 2018, any permit shall automatically terminate and become void if the use permitted by this chapter stops for 90 days or more.

(f) A permit shall be issued or renewed upon payment of the required fee and submission of a completed application in compliance with the provisions of this chapter, and compliance with all provisions and requirements of this chapter, the MMFLA, and the MTA. Application to renew a permit under this chapter shall be filed at least 30 days prior to the date of expiration. Such renewal shall be annual and shall be accompanied by the annual fee.

(g) Every applicant shall pay a fee at the time of the application for an initial or renewal permit, which fee shall be set by council resolution. Said fee is non- refundable if the application is reviewed.

(h) The permit requirements set forth in this chapter shall be in addition to, and not in lieu of, any other licensing and permitting requirements imposed by any other federal, state, or local law.

(i) The issuance of any permit pursuant to this chapter does not create an exception, defense, or immunity to any person in regard to any potential criminal liability the person may have for the production, distribution, or possession of marijuana, possession of drug paraphernalia, or presence in places where drugs are being used, stored, or kept.

(j) All marihuana facilities shall have a sign measuring at least 11 × 17 inches installed and maintained in a conspicuous location visible to all persons entering the premises located inside the building that reads as follows:

THE MICHIGAN MEDICAL MARIHUANA ACT ACKNOWLEDGES THAT "FEDERAL LAW CURRENTLY PROHIBITS ANY USE OF MARIHUANA EXCEPT UNDER VERY LIMITED CIRCUMSTANCES." SEE MCL 333.26422(c). IF YOU HAVE ANY QUESTIONS OR CONCERNS PLEASE CONSULT WITH YOUR ATTORNEY.


2. Severability. If any clause, sentence, section, paragraph, or part of this ordinance, or the application thereof to any person, firm, corporation, legal entity, or circumstances, shall be for any reason adjudged by a court of competent jurisdiction to be unconstitutional or invalid, such judgment shall not effect, impair, or invalidate the remainder of this Ordinance and the application of such provision to other persons, firms, corporations, legal entities, or circumstances by such judgment shall be confined in its operation to the clause, sentence, section, paragraph, or part of this Ordinance thereof directly involved in the case or controversy in which such judgment shall have been rendered and to the person, firm, corporation, legal entity, or circumstances then and there involved. It is hereby declared to be the legislative intent of this body that the Ordinance would have been adopted had such invalid or unconstitutional provisions not have been included in this Ordinance.


3. Repeal. All other Ordinances inconsistent with the provisions of this Ordinance are, to the extent of such inconsistencies, hereby repealed.


4. Savings Clause. The balance of the Code of Ordinances, City of Ypsilanti, Michigan, except as herein or previously amended, shall remain in full force and effect. The repeal provided herein shall not abrogate or affect any offense or act committed or done, or any penalty or forfeiture incurred, or any pending fee, assessments, litigation, or prosecution of any right established, occurring prior to the effective date hereof.


5. Copies to be available. Copies of the Ordinance are available at the office of the city clerk for inspection by, and distribution to, the public during normal office hours.


6. Publication and Effective Date. The City Clerk shall cause this Ordinance, or a summary of this Ordinance, to be published according to Section 11.13 of the City Charter. This Ordinance shall become effective after publication at the expiration of 30 days after adoption.




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