Mount Clemens adopts medical marijuana ordinance and enacts emergency opt-out for recreational establishments

The Mount Clemens City Commission on a 6–1 vote adopted Ordinance No. 20.11 to regulate medical marijuana facilities and, in a separate action, approved an emergency ordinance to prohibit marijuana establishments under the Michigan Regulation and Taxation of Marijuana Act (Proposal 1 of 2018) until the state issues licensing rules.

Why it matters: The two votes set local rules for medical marijuana operations and temporarily opt the city out of allowing recreational marijuana businesses until state regulations are published. That leaves the city in control of the timing and terms for any future adult-use businesses while putting local zoning and separation distances into effect for medical facilities now.

Public comment highlighted competing concerns. Erin Lammers, a consultant for Damascus Consulting and Development, urged the commission to craft “sensible and effective legislation” and said a properly state-regulated adult-use industry would “make for a better Mount Clemens.” Property owners pressed the commission on the draft medical ordinance’s 1,500-foot separation clause. Charlotte Carr McIntyre, who said she and her husband own nearly 12 acres at 24398 Dube Drive, told commissioners, “we object to this 1,500 foot clause, and we would like to have it removed,” saying the restriction could limit their ability to develop or sell the parcel.

Neighbor Micah McIntyre urged the commission to consider impacts on adjoining properties and characterized the proposed separation as “a blatant overstep.” Small-business owner Joe Finelli, who operates Boschimi’s party store at 233 Grosbeck, said he has passed state background checks and asked to be considered if dispensary licenses are made available.

Commissioners debated technical details in the ordinance. Commissioner Manser said he would vote against the medical ordinance because it lacks a local-preference provision, does not include a resident on the approvals board, and limits some licenses to 10-acre parcels; he also questioned the 1,500-foot distance requirement. Commissioner Fournier said the measure provides “a good starting point” and can be adjusted later after the city sees how the rules work in practice.

The commission also approved an emergency ordinance to prohibit recreational marijuana establishments until the state finalizes rules; the mayor’s office and city attorney said the intent is to revisit the prohibition when state regulations are available. The emergency ordinance requires a supermajority; it passed 6–1, the same margin as the medical ordinance.

What’s next: The medical ordinance is scheduled to take effect Dec. 27, 2018, and the city signaled it will revisit the opt-out and ordinance details once the state issues rules for recreational marijuana licensing.