Allegan Planning Commission Studying Medical and Recreational Marihuana Facilities

On Tuesday November 6, 2018 the voters in the State of Michigan voted to legalize recreational marihuana with 57% approval, and in the City of Allegan, the proposal passed with 58% approval. Since this proposal passed state wide, the City was asked to make a decision as to whether the City should opt in and allow marijuana establishments or if the City should opt out and not allow marihuana establishments.

 The term “marihuana establishments” encompass the following types of businesses.

  1. Growers and Excess Growers– Grow and package marijuana for sale to processors or provisioning centers.
  2. Processors – Extract resin from marijuana or create marijuana-infused products to sale to provisioning centers.
  3. Provisioning centers – Sell marijuana to patients or caregivers.
  4. Secure transporters – Store and transport marijuana between facilities.
  5. Safety compliance facilities – Test marijuana for contaminants and proper chemical levels.
  6. Marihuana retailer - Sells or otherwise transfers marijuana to marihuana establishments or to individuals over 21.
  7. Marihuana microbusiness – Cultivates up to 150 plants, processes marijuana from those plants, and sells or transfers it to individuals over 21 or to safety compliance facilities.
  8. Designated consumption facility - Allows for the consumption of marijuana in a commercial establishment.  

 At their January 28th meeting, the Allegan City Council passed ordinance 475, which established the City’s position to opt out. City Council then directed the Planning Commission to begin studying the City’s options for authorizing and regulating marihuana establishments under the new law, which includes holding at least one public hearing to seek public input, and then preparing and submitting a report to City Council by December 1, 2019 with a recommendation on how the city should proceed with this issue. Ordinance 475 will afford the city the opportunity to make sure it has a good understanding and solid foundation on how it wants to proceed, while at the same time, ensuring no marihuana establishment can open within the City of Allegan, in case the State of Michigan gets the licensing portion of the of the program up and running prior to the City of Allegan making a formal decision.

It was recommended by the Allegan City Council that the Planning Commission perform the following:

(a)                      Study the City’s options for authorizing and regulating marihuana establishments under the Act;

(b)                      Hold at least one public hearing to seek input from the public; and

(c)                      Prepare and submit a report to the City Council by December 1, 2019 with a recommendation as to whether the City should authorize one or more types of marihuana establishments. if the Planning Commission recommends authorization, the report shall outline, in terms, recommended regulations. 

Below is a compilation of studies that was reviewed by the Allegan Planning Commission prior to discussions regarding the allowance of marihuana facilities within the city limit. The studies were performed by Colorado State-Pueblo, the Colorado Department of Public Safety, and the Kansas City Federal Reserve, all of which are considered the most peer reviewed and scrutinized studies available on marihuana facilities and usage within communities.

Marihuana Studies

Below are the two ordnances that were passed by the City of Allegan Planning Commission on August 19, 2019, both with unanimous 8-0 votes to allow for the placement and licensing of marihuana establishments. This vote comes following a study that was performed by the Planning Commission which occured over the past 7 months (Feb, 2019 - August, 2019). Following the Planning Commission meeting, a report was submitted by the Planning Commission to the Allegan City Council with a recommendation that both ordinances be reviewed by the City Council.  These ordinances are now being reviewed by the Allegan City Council, who ultimately has the power to decide whether these ordinances will be enacted.

The City Council public hearing for these two ordinances has been scheduled for their October 14, 2019 meeting at 7:00pm at Allegan City Hall.

Proposed Marihuana Ordinance

Proposed Marihuana Regulatory Ordinance

Proposed Marihuana Locations Zoning Map

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