§ 87-1. Purpose and intent.

(a)

It is the intent of this chapter to authorize the establishment of certain types of medical marihuana facilities in the City of Muskegon Heights and provide for the adoption of reasonable restrictions to protect the public health, safety, and general welfare of the community at large; retain the character of neighborhoods; to establish and provide for a medical marihuana commission and to define its functions and responsibilities; and mitigate potential impacts on surrounding properties and persons. It is also the intent of this article to help defray administrative and enforcement costs associated with the operation of a marihuana facility in the city through imposition of an annual, nonrefundable fee set by the medical marihuana licensing board. Authority for the enactment of these provisions is set forth in the Medical Marihuana Facilities Licensing Act (herein referred to as MMFLA), MCL 333.27101 et seq.

(b)

Nothing in this chapter is intended to grant immunity from criminal or civil prosecution, penalty, or sanction for the cultivation, manufacture, possession, use, sale, or distribution of marihuana, in any form, that is not in compliance with the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, MCL 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, MCL 333.27101 et seq.; the Marihuana Tracking Act, MCL 333.27901 et seq.; and all other applicable rules promulgated by the State of Michigan.

(c)

As of the effective date of this chapter, marihuana remains classified as a Schedule 1 controlled substance under the Federal Controlled Substances Act, 21 U.S.C. Sec. 801 et seq., which makes it unlawful to manufacture, distribute, or dispense marihuana, or possess marihuana with intent to manufacture, distribute, or dispense marihuana. Nothing in this chapter is intended to grant immunity from any criminal prosecution under federal laws.

(Ord. No. 18-628, § 2(a), 4-23-18)