§ 18-141. Purpose.

(a)

An article to implement the provisions of the Michigan Marihuana Facilities Licensing Act, Public Act 281 of 2016, which authorizes the licensing and regulation of commercial medical marihuana facilities and affords the city the option whether or not to allow commercial medical marihuana facilities; to regulate commercial medical marihuana facilities by requiring a permit and compliance with requirements as provided in this article, in order to maintain the public health, safety and general welfare of the community at large; retain the character of neighborhoods; and mitigate potential impacts on surrounding properties and persons.

(b)

Nothing in this article is intended to grant immunity from criminal or civil prosecution, penalty, or sanction for the cultivation, manufacture, possession, use, sale, or distribution of marijuana, in any form, that is not in compliance with the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; the Marihuana Tracking Act, MCL 333.27901 et seq.; and all other applicable rules promulgated by the State of Michigan.

(c)

As of the effective date of this article, marijuana remains classified as a Schedule 1 controlled substance under the Federal Controlled Substances Act, 21 U.S.C. Sec. 801 et seq., which makes it unlawful to manufacture, distribute, or dispense marijuana, or process marijuana with intent to manufacture, distribute, or dispense marijuana. Nothing in this article is intended to grant immunity from any criminal prosecution under federal laws.

(Ord. No. 2017.07/404, § 1, 7-17-17)