Marijuana to be on November ballot in Niles Township

NILES CHARTER TOWNSHIP — Niles Charter Township residents will have the opportunity to vote in November to decide if they want to opt-in to state funding by allowing marijuana establishments within the township borders.

The Township Board of Trustees approved “The Niles Charter Township Marijuana Establishments Ordinance” ballot proposal and language for submission to township voters at the Nov. 5 election. If voted in, the ordinance would repeal in part current law barring marijuana establishments from doing business in the township.

The ordinance allows for a minimum of four retail establishments in the township on 11th Street south of Fulkerson Road as well as one marihuana transporter and one safety compliance facility. However, the language does allow the Township Board to enact police power and zoning ordinances that set a maximum number of such establishments to be allowed within the Township.

Township officials voted unanimously in May 2019 to opt out of the recreational marijuana business. In 2022, Voters turned down a proposal that would have allowed marijuana establishments in Niles Charter Township limits.

While the Niles Charter Township Board of Trustees’ position on the topic has not changed, the township board of trustees said it would not oppose the proposal’s efforts to force a change.

The City of Niles, Buchanan, Cassopolis, Dowagiac Edwardsburg, Berrien County and Cass County were among the 269 municipalities statewide that received payments from the marijuana Regulation Fund in March. Each eligible municipality and county received more than $59,000 for every licensed retail store and microbusiness located within its jurisdiction.

For the 2023 state fiscal year, there was more than $290.3 million available for distribution from the Marihuana Regulation Fund.

The distribution breakdown for local municipalities and counties is as follows:

• Buchanan: Number of licenses – six; city distributions – $354,518.10
• Cassopolis: Licenses – two; village distributions – $118,172.70
• Dowagiac: Licenses – one; city distributions – 59,086.35
• Edwardsburg: Licenses – two; village distributions – $118,172.70
• City of Niles: Licenses – six; city distributions – $354,518.10
• Berrien County: Licenses – 19; county distributions – $1,122,640.65
• Cass County: Licenses – 7; county distributions – 413,604.45

Below is the official ordinance language approved by Niles Charter Township:

Section 1 – Title

The title of this ordinance shall be the “The Niles Charter Township Marihhuana Establishments Ordinance.”

Section 2 – Repeal

This ordinance repeals in part the “The Niles Charter Township Prohibition of Marihuana Establishments Ordinance,” No. 79. Sections I-IV, 5-20-2019, prohibiting marijuana establishments within Niles Charter Township.

Section 3 – Definitions

333. a) “MRTMA” means the Michigan Regulation and Taxation of marijuana Act, 2018 IL 1, MCL 333.27951 et seq., hereinafter “MRTMA.”
334. b) All of the definitions provided in the MRTMA are incorporated by reference into this ordinance, except as otherwise provided in this ordinance.
335. c) The term “marijuana” is synonymous with marihuana.”
336. d) The term Michigan Cannabis Regulatory Agency is synonymous with the term Michigan Marijuana Regulatory Agency, or any successor agency, and is hereinafter referred to as “CRA or the “Agency.”

Section 4 –  Number of Establishments Allowed

The number of marijuana establishments allowed within the Charter Township of Niles is as follows:

1. Marijuana retailer as defined in MRTMA. A minimum of 4 marijuana retail establishments allowed within the Township. The Niles Charter Township Board may at any time enact related police power and zoning ordinances that set a maximum number of such establishments to be allowed within the Township. Marijuana retailers shall be located on a real property parcel having a minimum of 150 feet of road frontage on 11thh Street south of Fulkerson Road in Niles Charter Township.
2. Marijuana secure transporter as defined in MRTMA. A minimum of 1 marijuana secure transporter establishment is allowed within the Township. The Township Board may at any time enact related police power and zoning ordinances that set a maximum number of such establishments to be allowed within the Township.
3. Marijuana safety compliance facility as defined in MRTMA. A minimum of 1 marijuana safety compliance facility is allowed within the Township. The Township Board may at any time enact related police power and zoning ordinances that set a maximum number of such establishments to be allowed within the Township.

Section 5 – Police Power and Zoning Ordinances

The Niles Charter Township Board may at any time elect to enact related police power and zoning regulations that are not unreasonably impracticable and which do not conflict with the MRTMA or any rule promulgated pursuant to the MRTMA. The Niles Charter Township Board of Trustees may further establish regulations, such as administrative measures; application forms;  license, permit, and renewal criteria specifically enabling applicants to promptly obtain and renew marijuana establishment licenses and permits as the The Niles Charter Township Board of Trustees shall deem appropriate, and if such regulations are in place, they may provide that no manjuana establishment shall operate without a Township license or permit.

Section 6 – Authority to Operate in the Absence of Police Power and Zoning regulations

If the Township does not enact related police power and zoning ordinances or regulations, and until such ordinances are enacted, to provide for the number of marijuana establishments to operate within Niles Charter Township, any person that otherwise meets the criteria for a license under MRTMA to operate a manjuana establishment allowed under this Ordinance at the proposed location shall be deemed authorized to operate such establishment in Niles Charter Township in accordance with and pursuant to MRTMA and the CRA rules and regulations. Such operation is lawful without any Township permit or license whatsoever and may continue unless and until the Township Board deems It appropriate to enact related licensing, police power ordinances, and zoning regulations and issues appropriate local permits or licenses to the licensee.

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