By a vote of 4 to 3, the council for the village of Holly approved a proposed amendment to the ordinance on Tuesday, February 8 to allow recreational marijuana establishments, if they obtain a license from the village as well as the state of Michigan. (Note: Michigan law spells “marihuana” with an “h,” but the most common spelling is “marijuana.” The Times will use “marihuana” in this article for consistency.)
Ordinance 468 provides for the licensing and regulation of recreational marijuana establishments in the Village of Holly and provides penalties for violations.
Councilor Ryan Delaney moved the motion to approve Ordinance 468 with the following changes:
• 158.03: amend the definition of “door to door” from the measurement of the main public entrance of one building to the main public entrance of another building to read: the measurement of the property line of a parcel at the property line of another plot.
• 158.11 D, change the number of marihuana grow operations from three (3) licenses to five (5) licences.
The motion was seconded by Councilor Rick Powers.
Councilors James Perkins, Debra Musgrave and Richard Kinnamon voted against the ordinance. Council Chairman Thomas McKenney and Councilors Delaney, Powers and Buster Winebrenner voted in favor of Delaney’s motion.
Regarding his ‘no’ vote, Kinnamon said: ‘I chaired the committee that wrote the ordinance and I think we have developed a very good document that authorizes establishments while protecting our community. My “no” vote was against changing the number of grow ops from three to five. This change does not show the proper care and attention for Holly that I would like to see.
Perkins also said he was not in favor of increasing the number of grow ops to five.
Delaney said, “Overall, the village staff and council felt it was wiser to write our own prescription than to have it written for us by the marihuana lobby, who would likely put it on the ballot if we didn’t, which would result in a much more permissive order.
He said the ordinance was the result of months of study and deliberation by the Village Council’s Charter and Ordinances Committee, on which he sits.
“The reason I added two grow facility licenses to the original three was largely because during one of our committee meetings, our building inspector/code enforcer mentioned that there are no less than six abandoned or underutilized industrial buildings in our village,” he said. “Allowing multiple grow facilities to take over and upgrade these buildings would solve the blight, increase property values and therefore generate new tax revenue for the village, at a time when we are facing a deficit. planned budget for the coming years. Add to that the fact that municipalities receive money from the state based on the number of licenses they issue.
“While I recognize that many of our residents are opposed in principle to marijuana use, I believe the benefits of licensing and regulating these businesses far outweigh any potential harms.”
Recreational and medical cannabis is legal in Michigan. Therapeutic products were legalized in 2008, making Michigan the 13th state to allow it for medical treatment. Recreational cannabis was adopted in 2018. Its licensed sales began in 2019 and are expected to increase this year.
Holly Village Council has added a new chapter titled “Recreational Marijuana Establishments”. The new Chapter 158 – Recreational Marijuana Establishments – will be known as the Village of Holly Recreational Marijuana Regulation Ordinance. The purpose of this ordinance is to regulate recreational marijuana establishments, which include growers, safety compliance facilities, processors, retailers, secure carriers, or any other type of recreational marijuana-related business authorized by the State of Michigan.
The 22-page prescription can be read at hollyvillage.org.
With the approval of this amended ordinance, the Village of Holly will authorize up to five marihuana grow facilities, up to five marihuana safety compliance facilities, up to five marihuana processing facilities, up to to two marijuana retail facilities and up to five secure marihuana transportation facilities. .
All installations must be licensed by Holly Village and the State of Michigan.
Marijuana establishments will not be permitted in districts zoning R1A (Single Family Residential), R1B (Single Family Residential), RM (Moderate Density Residential), MHP (Mobile Home Park), or CBD (Central Business District).
The ordinance states that marihuana establishments must be at least 500 feet from any public or private elementary, secondary or vocational school. Marijuana retail establishments should be located at least 500 feet from any church or religious institution.
A marihuana grower or an agent acting on behalf of a marihuana grower must be at least 21 years of age.
To obtain a license from the State of Michigan, a marihuana establishment must first obtain a license from Holly Village. Anyone violating this will be punished by a fine of up to $500 or imprisonment for up to 90 days, or both. Each day that an infraction continues would be considered a separate infraction. Village licenses must be renewed annually.
Village manager Jerry Walker said Holly had vacant, underutilized industrial properties. Passing this ordinance could lead to these properties being brought down to code with millions of dollars in investment. “Why not use them? ” he said. He added that these properties could be made safer and could generate tax revenue.
Walker said applications will be ready and Holly Village will accept them sometime in March. Once the applications were submitted, the village clerk, fire chief, and police chief would review them and decide which would then be forwarded to the licensing board. Walker said it would likely take six months before an application was approved.
Walker said he visited two facilities in Lapeer and one in Walled Lake. He said these establishments are highly regulated by the state, and the Walled Lake facility has generated millions of dollars a year and nearly $2 million in home delivery transactions alone.
He added that since recreational marihuana is legal in the state of Michigan, it would benefit Holly to let them know they would be regulated and controlled. “Our prescription has as many guarantees as possible,” he said.