Bill Text: MI HB5766 | 2021-2022 | 101st Legislature | Introduced
Bill Title: Marihuana: local government control; marihuana establishment located within 1,000 feet of an existing K-12 school; prohibit unless the school's governing body approves. Amends sec. 9 of 2018 IL 1 (MCL 333.27959).
Spectrum: Partisan Bill (Republican 1-0)
Status: (Introduced - Dead) 2022-02-22 - Bill Electronically Reproduced 02/17/2022 [HB5766 Detail]
Download: Michigan-2021-HB5766-Introduced.html
HOUSE BILL NO. 5766
A bill to amend 2018 IL 1, entitled
"Michigan Regulation and Taxation of Marihuana Act,"
by amending section 9 (MCL 333.27959).
the people of the state of michigan enact:
Sec. 9. (1) 1. Each An application for a state license must be submitted to the department. Upon receipt of marijuana regulatory agency. Not later than 90 days after the marijuana regulatory agency receives a complete application and application fee, the department marijuana regulatory agency shall forward do all of the following:
(a) Forward a copy of the application to the municipality in which the marihuana establishment is to will be located. , determine
(b) Determine whether the applicant and the premises qualify for the state license and comply with this act. , and issue
(c) Issue the appropriate state license or send the applicant a notice of rejection setting forth that states the specific reasons why the department did not approve the state license application. within 90 days.
(2) 2. The department marijuana regulatory agency shall issue the following state license types: marihuana
(a) Marihuana retailer. ; marihuana
(b) Marihuana safety compliance facility. ; marihuana
(c) Marihuana secure transporter. ; marihuana
(d) Marihuana processor. ; marihuana
(e) Marihuana microbusiness. ; class
(f) Class A marihuana grower authorizing that authorizes the cultivation of not more than 100 marihuana plants. ; class
(g) Class B marihuana grower authorizing that authorizes the cultivation of not more than 500 marihuana plants. ; and class
(h) Class C marihuana grower authorizing that authorizes the cultivation of not more than 2,000 marihuana plants.
(3) 3. Except as otherwise provided in this section, the department marijuana regulatory agency shall approve a an application for a state license application and issue a state license to the applicant if all of the following conditions are met:
(a) All of the following apply to the applicant: has
(i) The applicant submitted an application in compliance accordance with the rules promulgated by the department, marijuana regulatory agency under this act.
(ii) The applicant is in compliance with this act and the rules promulgated by the marijuana regulatory agency under this act. , and has
(iii) The applicant paid the required application fee. ;
(b) the The municipality in which the applicant's proposed marihuana establishment will be located does not notify the department marijuana regulatory agency that the applicant's proposed marihuana establishment is not in compliance with an ordinance consistent with section 6 of this act and that is in effect at the time of application. ;
(c) the The property where the applicant's proposed marihuana establishment is to will be located is not within an either of the following:
(i) An area zoned exclusively for residential use. and is not within
(ii) 1,000 feet of a pre-existing public or private school providing that provides education in kindergarten or any of grades 1 through to 12, unless a both of the following conditions are met:
(A) The municipality in which the applicant's proposed marihuana establishment will be located adopts an ordinance that reduces this distance requirement. ;
(B) The governing body of the school approves of the location of the applicant's proposed marihuana establishment.
(d) no Approval of the application will not result in a person who holds an ownership interest in the marihuana establishment applicant holding any of the following:
(i) (1) will hold an An ownership interest in both a marihuana safety compliance facility or in a marihuana secure transporter and in a marihuana grower, a marihuana processor, a marihuana retailer, or a marihuana microbusiness. ;
(ii) An ownership interest in a marihuana secure transporter and in a marihuana grower, marihuana processor, marihuana retailer, or marihuana microbusiness.
(iii) (2) will hold an An ownership interest in both a marihuana microbusiness and in a marihuana grower, a marihuana processor, a marihuana retailer, a marihuana safety compliance facility, or a marihuana secure transporter. ; and
(iv) (3) will hold an An ownership interest in more than 5 marihuana growers or in more than 1 marihuana microbusiness, except that the department may approve a license application from a person who holds an ownership interest in more than 5 marihuana growers or more than 1 marihuana microbusiness if, unless the marijuana regulatory agency, after January 1, 2023, the department promulgates a rule authorizing an individual that authorizes a person to hold an ownership interest in more than 5 marihuana growers or in more than 1 marihuana microbusiness.
(4) 4. If a municipality an ordinance adopted under section 6 limits the number of marihuana establishments that may be licensed in the a municipality pursuant to section 6 of this act and if that limit prevents the department marijuana regulatory agency from issuing a state license to all applicants every applicant who meet meets the requirements of subsection 3 of this section, (3) and whose proposed marihuana establishment would be located in that municipality, the municipality shall decide, among competing applications by a competitive process intended to select applicants who are best suited to operate a marihuana establishment in compliance with this act, which of those applicants may operate a marihuana establishment within the municipality.
(5) 5. All A state licenses are license is effective for 1 year , unless the department marijuana regulatory agency issues the state license for a longer term. A The marijuana regulatory agency shall renew a state license is renewed upon receipt of a complete renewal application and a renewal fee from any marihuana establishment a licensee in good standing.
(6) 6. The department marijuana regulatory agency shall begin accepting applications for marihuana establishments within 12 months after the effective date of this act. by December 6, 2019. Except as otherwise provided in this section, for 24 months after the department marijuana regulatory agency begins to receive accepting applications for marihuana establishments, the department may only marijuana regulatory agency shall accept applications for licensure: for from only the following:
(a) For a class A marihuana grower or for a marihuana microbusiness, from persons an applicant who are residents is a resident of Michigan. ; for
(b) For a marihuana retailer, marihuana processor, class B marihuana grower, class C marihuana grower, or a marihuana secure transporter, from persons holding an applicant that holds a state operating license pursuant to issued under the medical marihuana facilities licensing act. , 2016 PA 281, MCL 333.27101 to 333.27801; and for
(c) For a marihuana safety compliance facility, from any applicant. One
(7) Beginning 1 year after the department marijuana regulatory agency begins to accept accepting applications pursuant to under this section, the department marijuana regulatory agency shall begin accepting applications from any applicant if the department marijuana regulatory agency determines that additional state licenses are necessary to minimize do any of the following:
(a) Minimize the illegal market for marihuana in this state. , to efficiently
(b) Efficiently meet the demand for marihuana. , or to provide
(c) Provide for reasonable access to marihuana in rural areas.
(8) 7. Information obtained from an applicant related to licensure under this act is exempt from disclosure under the freedom of information act, 1976 PA 442, MCL 15.231 to 15.246.
