HARVEY — The Chocolay Township Board on Monday approved a marijuana establishments ordinance that allows for operations such as marijuana microbusinesses, growers and others.

The board OK’d the adoption of the ordinance following the second reading, the first of which took place at the May 10 board meeting.

According to township documents, the Chocolay Township Planning Commission in 2019 asked staff to generate a draft amendment to the current marijuana ordinance prohibiting the establishments within the township.

The request was based on the voter-initiated change in state law legalizing marijuana for medical and recreational use in 2018. The approval rate of the proposal within the township was 54%.

Staff reviewed the issue and created a draft, but COVID-19 delayed the process. Since the easing of restrictions regarding governments holding traditional meetings, the township board on May 10 held a first reading of the Chocolay Township Marijuana Establishments Ordinance.

The newly adopted ordinance allows for three marijuana microbusinesses, growers, processors and safety compliance facilities in the agriculture/forestry zoning district; two marijuana microbusinesses, research sites and safety compliance facilities in the mixed-use overlay district; and two marijuana microbusinesses, growers, research sites and safety compliance facilities in the industrial district.

This is in contrast to the ordinance allowing adult-use marijuana establishments in the city of Marquette. The ordinance, approved in October 2019 by the Marquette City Commission, did not place restrictions on the number or types of licensed marijuana businesses in the city.

However, the ordinance does include “buffer zones” prohibiting the establishments from operating within 500 feet of schools, religious institutions or licensed substance abuse disorder program facilities.

Under the ordinance, marijuana businesses with the following licenses are allowed in the city of Marquette: class A, B, C and excess growers; microbusinesses; consumption establishments; processors; retailers; safety compliance facilities; and secure transporters.

All marijuana establishments in Chocolay Township must have a use permit, which will be subject to renovation with any breach of Michigan state laws and regulations. No establishments will be permitted without prior state of state licensing. Additionally, establishments will not be permitted to operate without these approvals: Michigan permit to operate, Chocolay Township site plan approval, Chocolay Township zoning compliance permit and Marquette County building authority approval to operate.

Permits granted to an establishment will be effective for 365 days from the date of township-approval signature. Also, all establishments will conform to the minimum setbacks and design requirements of state laws and the Chocolay Township site plan review process.

A violation of the ordinance is considered a municipal infraction, with fines not less than $100 or more than $500 at the court’s discretion. Each day in which a violation continues will be deemed a separate offense.

The ordinance includes these definitions of various marijuana-related operations:

≤ establishment — a marijuana grower, safety compliance facility, processor, microbusiness, retailer, secure transporter or any other type of marijuana-related licensed business.

≤ grower — a person licensed to cultivate marijuana and sell or otherwise transfer marijuana to marijuana establishments.

≤ microbusiness — a person licensed to cultivate greater than 12 but not more than 150 marijuana plants, process and package marijuana, and sell or otherwise transfer marijuana to individuals age 21 or older to a safety compliance facility, but not to other marijuana establishments.

≤ process or processing — separate or otherwise prepare parts of the marijuana plant and to compound, blend, extract, infuse or otherwise make or prepare marijuana concentrate or marijuana-infused products.

≤ processor — an establishment that grows, separates or otherwise prepares products for retail purchase.

≤ retailer — a person licensed to obtain marijuana from marijuana establishments and to sell or otherwise transfer marijuana to marijuana establishments and to individuals age 21 and older.

≤ research — specifically the research of cannabis, herbal extract and natural product industries.

≤ safety compliance facility — a facility licensed to test marijuana, cannabis products and derivative products of marijuana, including certification for potency and the presence of contaminants.

≤ source transporter — a person licensed to obtain marijuana from marijuana establishments to transport marijuana to marijuana establishments.

The ordinance will be published within 15 days of adoption by the board and will take effect eight days after publication.

Christie Mastric can be reached at 906-228-2500, ext. 250. Her email address is cbleck@miningjournal.net