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NILES CHARTER TOWNSHIP — Niles Charter Township residents will have the opportunity to vote in November to decide if they want to opt-in to state funding by allowing marijuana establishments within the township borders.

Proponents of the effort gathered 250 signatures in support of “The Niles Charter Township Marijuana Establishments Ordinance,” which repeals in part current law barring marijuana establishments from doing business in the township. 

Pending township review, Township residents will be able vote whether or not to adopt the ordinance Tuesday, Nov. 8 during the general election.

“I am very proud the community stepped up and realized the economic value in entering the retail cannabis business in Niles Charter Township,” said Maggie Patterson, owner of Doggy Drive-Thru, 2639 S. 3rd St., Niles, who spearheaded the petition.

The ordinance allows for eight types of licenses within the township, including a minimum – not maximum – number of establishments in the township for each type of license, ranging from a minimum of four (grower, processor and retailer), three (microbusiness or Class A microbusiness, designated consumption) and one (secure transporter facility, safety compliance facility). However, the language does allow the Township Board to enact police power and zoning ordinances that set a maximum number of such establishments to be allowed within the Township.

“We decided on those minimums because they were low numbers,” Patterson said. “We’re passing the ordinance itself but (the township board) is putting the meat on the bones, which is the zoning. It gives the township zoning control.”

Township officials voted unanimously in May 2019 to opt out of the recreational marijuana business. Since then, Patterson has been hard at work trying to get the township to opt back in and spearheaded the movement to circulate the ordinance petition. According to Township Clerk Terry Eull, Patterson successfully turned in the 250 signatures required to add the ordinance on Tuesday, July 12. 

While the Niles Charter Township Board of Trustees’ position on the topic has not changed, the township board of trustees said it would not oppose Patterson’s efforts to force a change.

“At the present time, our position is to let the citizens decide,” Eull said during the June 13 board of trustees meeting. “(Patterson) has every right to this. If it passes, we will abide by the consequences and move forward from there.”

The City of Niles, Buchanan, Cassopolis, Edwardsburg, Berrien County and Cass County were among the 163 municipalities statewide that received payments from the marijuana Regulation Fund in March. Each eligible municipality and county received more than $56,400 for every licensed retail store and microbusiness located within its jurisdiction.

The distribution breakdown for local municipalities and counties is as follows:

• Buchanan: Number of licenses – five; city distributions – $282,267.20
• Cassopolis: Licenses – two; village distributions – $112,906.88
• Edwardsburg: Licenses – two; village distributions – $112,906.88
• City of Niles: Licenses – three; city distributions – $169,360.32
• Berrien County: Licenses – nine; county distributions – $508,080.96
• Cass County: Licenses – four; county distributions – $225,813.76

Below is the official proposed ordinance language submitted to Niles Charter Township:

Section 1 – Title

The title of this ordinance shall be the “The Niles Charter Township Marijuana Establishments Ordinance.”

Section 2 – Repeal 

This ordinance repeals in part the “The Niles Charter Township Prohibition of marijuana Establishments Ordinance,” No. 79. Sections I-IV, 5-20-2019, prohibiting marijuana establishments within the Charter Township. 

Section 3 – Definitions

0) All definitions provided In Section 3 of the Michigan Regulation and Taxation of Marijuana Act, hereinafter referred to as “MRTMA,” are Incorporated by reference into this ordinance, except as otherwise provided herein. 

333. b) “MRTMA” means the Michigan Regulation and Taxation of marijuana Act, 2018 IL 1, MCL 333.27951 et seq. 
334. c) The term “marihuana” is synonymous with marijuana.”
335. d) The term Michigan Cannabis Regulatory Agency is synonymous with the term Michigan Marijuana Regulatory Agency, or any successor agency, and is hereinafter referred to as “CRA or the “Agency.”

Section 4 –  Number of Establishments Allowed

The number of marijuana establishments allowed within the Charter Township of Niles is as follows:

a. Marijuana grower of any class. A minimum of 4 grower establishments are allowed within the Township. The Township Board may at any time enact related police power and zoning ordinances that set a maximum number of such establishments to be allowed within the Township.

b. Marijuana processor. A minimum of 4 marijuana processor establishments are allowed within the Township. The Township Board may at any time enact related police power and zoning ordinances that set a maximum number of such establishments to be allowed within the Township. 

c. Marijuana retailer. A minimum of 4 marijuana retail establishments allowed within the Township. The Township Board may at any time enact related police power and zoning ordinances that set a maximum number of such establishments to be allowed within the Township 

d. Marijuana secure transporter. A minimum of 1 marijuana secure transporter establishment is allowed within the Township. The Township Board may at any time enact related police power and zoning ordinances that set a maximum number of such establishments to be allowed within the Township.

e. Marijuana safety compliance facility. A minimum of 1 marijuana safety compliance facility is allowed within the Township. The Township Board may at any time enact related police power and zoning ordinances that set a maximum number of such establishments to be allowed within the Township.

f. Marijuana microbusiness or class A microbusiness. A minimum of 3 marijuana microbusiness or class A microbusiness establishments are allowed within the Township. The Township Board may at any time enact related police power and zoning ordinances that set a maximum number of such establishments to be allowed within the Township.

g. A minimum of 1 marijuana secure transporter establishment is allowed within the township. The Township Board may at any time anact related police power and zoning ordinances that set a maximum number of such establishments to be allowed within the township. 

h. Marijuana designated consumption establishment. A minimum of 3 marijuana designated consumption establishments are allowed within the Township. The Township Board may at any time enact related police power and zoning ordinances that set a maximum number of such establishments to be allowed within the Township.

Section 5 – Police Power and Zoning Ordinances

The Township Board may at any time elect to enact related police power and zoning regulations that are not unreasonably impracticable, and which do not conflict with the Michigan Regulation and Taxation of Marijuana Act or any rule promulgated pursuant to the Act. The Township may further establish regulations, such as administrative measures; applications; and license, permit, and renewal criteria specifically enabling applicants to promptly obtain and renew Township marijuana establishment licenses and permits as the Township Board shall deem appropriate, and if such regulations are in place, they may provide that no manjuana establishment shall operate without a Township license or permit.

Section 6 – Authority to Operate in the Absence of Police Power and Zoning regulations

If the Township does not enact related police power and zoning regulations before April 1, 2023, and until such ordinances are enacted, to provide for the number of marijuana establishments to operate within the Township any person that otherwise meets the criteria for a state license to operate an adult use manjuana establishment at the proposed location shall be deemed authorized to operate such establishment in the Township in accordance with and pursuant to MRTMA and the CRA rules and regulations. Such operation is lawful without any Township permit or license whatsoever and may continue unless and until the Township Board deems It appropriate to enact related licensing, police power ordinances, and zoning regulations and issues appropriate local permits or licenses to the licensee.

Section 7 – Severability; Conflicts

If any section, clause, or provision of this ordinance shall be declared to be unconstitutional, void, illegal, in conflict with state law or rules, or ineffective by any court of competent jurisdiction; such section, clause, or provision shall thereby cease to be a part of this ordinance, but the remainder of this ordinance shall stand and be in full force and effect.