It is the purpose of this article to regulate medical marihuana facilities so as to protect the public health, safety, and welfare of the residents and patients of the city and to establish reasonable and uniform regulations for their operation. It is further the intent of this article to implement the provisions of the Michigan Medical Marihuana Facilities Licensing Act, MCL § 333.27101 et seq., with respect to local zoning and land use, and to permit the sale and distribution of medical marihuana consistent with applicable state statutes.

The provisions of this article have neither the purpose nor effect of granting immunity from any criminal prosecution under federal law or granting immunity from criminal or civil prosecution, penalty or sanction for the cultivation, manufacture, possession, use, sale, distribution or transport of marihuana in any form, that is not in strict compliance with all applicable laws and rules promulgated by the State of Michigan and the City of Petoskey regarding medical marihuana. This article does not provide any rights or privileges with regard to marihuana under the Michigan Regulation and Taxation of Marihuana Act, MCL § 333.27102.

(Ord. No. 772, 10-7-2019)

Medical marihuana facilities as defined by this article shall be subject to the following general regulations:

(a)

Any uses or activities found by the State of Michigan or a court with jurisdiction to be unconstitutional or otherwise not permitted by state law are prohibited in the city. In the event that a court with jurisdiction declares some or all of this section invalid, the city may suspend the acceptance of applications for licensing pending the resolutions of the legal issue in question.

(b)

An operator of a medical marihuana facility shall at all times have a valid medical marihuana facility permit issued by the city pursuant to chapter 8, article IX of this Code, as amended, and a state operating license as issued by LARA pursuant to the Medical Marihuana Facilities Licensing Act, MCL § 333.27101 et seq.

(c)

A property owner or operator of a medical marihuana facility shall not have vested rights or nonconforming use rights that would serve as a basis for failing to comply with this article or any applicable amendment thereto.

(d)

Discontinuation of a state medical marihuana facility license shall be also considered a discontinuance of a medical marihuana facility, at which time any permit granted by the city pursuant to this article would be considered ineffective.

(Ord. No. 772, 10-7-2019)

(a)

Only one medical marihuana facility per parcel or lot.

(b)

A separation distance of 500 feet is required from any other medical marihuana facility or marihuana establishment.

(c)

A medical marihuana facility is not permitted within 1,000 feet of any private or public elementary or secondary school (K-12).

(d)

The distances described in this section shall be computed by direct measurement in a straight line from the nearest property line of the land used for the purposes stated in this section above to the nearest portion of the building or unit in which the medical marihuana facility is located.

(e)

The separation distances contained in this section are applicable to marihuana facilities and establishments located in adjacent governmental jurisdictions.

(f)

A medical marihuana facility is not permitted on the same property or parcel or within the same building where any of the following are located: A package liquor store, a convenience store that sells alcoholic beverages or a fueling station that sells alcoholic beverages.

(Ord. No. 772, 10-7-2019)