By CECILIA BROWN

Journal Staff Writer

MARQUETTE — Nearly a year after Michigan voters approved the Michigan Regulation and Taxation of Marihuana Act, a proposed ordinance to allow adult-use recreational marijuana facilities in the city of Marquette is headed for a commission vote.

The vote will immediately follow a public hearing on the matter at Tuesday’s meeting of the Marquette City Commission. The meeting will be held at 6 p.m. in Marquette City Hall Commission Chambers.

The proposed draft ordinance was made available prior to its first reading at the Sept. 30 commission meeting.

Under the current version of the ordinance, the city would not restrict the numbers or types of marijuana establishment licenses issued.

The most recent draft also contains three proposed scenarios for enacting 500-foot “buffer zones” that would prohibit marijuana businesses from operating within 500 feet of certain facilities, such as schools. Other buffer zones may be implemented around child care centers, religious institutions, licensed substance abuse disorder programs, publicly owned parks or playgrounds and other marijuana establishments. A buffer zone around city recreation areas in addition to the city’s designated parks and playgrounds and the aforementioned types of establishments could also be included.

The establishments would also be prohibited in areas zoned exclusively for residential use.

As currently written, the proposed ordinance would have an effective date of June, rather than the originally-discussed date in late December, city officials said previously.

The effective date of June is currently being proposed “to allow adequate time for city staff to draft license applications, assess the application and review process, establish license fees, review enforcement policies and amend the Land Development Code in order to provide a regulatory structure for adult-use marihuana facilities licensed under the MRTMA,” city notes state.

The June effective date also gives the city more time to find out what the state’s final rules on the matter might be, city officials said, as the emergency rules are set to expire in early 2020, with one six-month extension period allowed.

“Legal and regulatory issues regarding the Michigan Regulation and Taxation of Marihuana Act remain unsettled, making it difficult for municipalities and prospective operators of adult marihuana businesses to determine with certainty the current and future state of the law,” according to city notes.

Voters approved the Michigan Regulation and Taxation of Marihuana Act in November, which legalized recreational use by anyone 21 and older. City officials said previously that 62% of Marquette residents voted in favor of the act last November.

Under the act, each municipality has the right to determine whether to allow or prohibit marijuana establishments within its boundaries.

In February, the commission voted to opt-out of allowing the businesses in the city, citing concerns about a lack of state rules and guidance pertaining to marijuana establishments.

However, after the Michigan Department of Licensing and Regulatory Affairs Marijuana Regulatory Agency issued emergency rules in July, the city decided to revisit the issue, as the ordinance passed in February required the commission to “review the ordinance within 60 days of the promulgation of the final rules by (LARA) but no later than February 4, 2020, if LARA fails to enact rules,” according to city notes.

The public hearing slated for Tuesday was scheduled by the commission at its Sept. 30 meeting.

In addition to scheduling the hearing, commissioners, staff and area residents continued discussions about the proposed ordinance; however, city officials emphasized at that time that further discussion on any potential changes to the ordinance would take place at Tuesday’s meeting.

To view a draft of the ordinance, view maps outlining potential buffer zone scenarios and learn more about the public process to date, visit marquettemi.gov/marijuana. The state will begin accepting licensing applications for businesses on Nov. 1.

Visit michigan.gov/marijuana for more information on the state’s emergency rules and the state licensing process.

Cecilia Brown can be reached at 906-228-2500, ext. 248. Her email address is cbrown@miningjournal.net.