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1. Why wouldn’t we encourage the maximum number of marijuana business in Royal Oak, instead of trying to restrict the number and location?

If Royal Oak decides to allow commercial marijuana enterprise, it will be up to the city commission ultimately to determine the number of businesses; which types of business and to amend the zoning ordinance as to where the businesses would be allowed.  Restrictions regarding schools and churches that are written into the state law cannot be made more lenient only stricter.  Therefore, those limits cannot be eliminated, only made larger.

2. Does the language referencing adult-use recreational facilities refer to facilities that only sell recreation marijuana, or that sell and allow onsite use of marijuana?

There are six types of commercial marijuana enterprises permitted under the Michigan Marijuana Facilities Licensing Act:  

1.     Provisioning – sales or what you may commonly refer to as retail

2.    Secure Transport – moving of product from one commercial enterprise to another 

3.    Safety Compliance – tests product for contaminants and tetrahydrocannabinol (THC) levels  

4.    Processing - purchases marijuana from a grower and extracts resin from the marijuana or creates a marijuana-infused product for sale

5.    Growers - licensed to cultivate, dry, trim, or cure and package marihuana for sale

6.    Microbusiness - A licensee who can grow 150 plants, process on site and sell directly to adults 21 years or older (cannot sell to any other licensee, i.e. Provisioning | Retail

3. What are the restrictions for growing outside?

Under the MMRTM Act, a recreational / adult-use marijuana establishment many not allow the cultivation, processing, sale, or display of marijuana or marijuana accessories to be visible from a public place outside of the establishment with the use of binoculars, aircraft, or other optical aids.

4. Can the decision to opt out be made pending the state establishing the rules but stipulating that this gets revisited once those rules are in place?

Yes. The city commission has voted to opt out with a sunset date of February 1, 2020.  The State of Michigan has until December 6, 2019 to establish the rules.   If the city commission determines they would like to participate in commercial marijuana enterprises prior to the February 20, 2020 sunset date, they could vote to amend the date.  Or, they could simply allow the sunset date to expire and participate in commercial marijuana enterprises as of February 21, 2020.  Should the city commission determine the city should opt out of the commercial marijuana enterprises, then the date could be amended, or opt out without an end date.   

5. Royal Oak must follow state law regarding the number of liquor licenses permitted. If marijuana retail businesses are permitted, will the city be able to legally restrict the number?

Under the MMRTM Act, the city commission has the authority to decided whether or not to allow recreational / adult-use marijuana establishments in the city, and if so, to limit the number of establishments, the type of establishment, and the zoning district in which the establishments would be allowed.  

6. What will happen if the city opt ins and the federal government enforces the federal marijuana laws? Will they close the marijuana stores? Will city officials be held accountable?

At this time, the federal government has indicated that as long as a state has a “strong and effective” system in place to regulate the cultivation, distribution, sale and possession of marijuana; federal law enforcement interests are not undermined by the legalization of marijuana to some extent.