The City Council adopted amendments to the zoning and regulatory ordinances to increase the number of marihuana retailer permits from three (3) to six (6) permits after a public hearing on Monday, June 14, 2021. The most recent marihuana retailer application process took place between July 16 and August 16, 2021. On October 11, 2021, the City Council evaluated the applicants and selected three applicants it deemed best suited to operate in compliance with the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, and City’s code of ordinances within the City of Ferndale. Below are frequently asked questions regarding the amended ordinances and application:
Please note: Applications are no longer being accepted.
-Where can I read a copy of the official adopted ordinance amendments?
The adopted zoning ordinance is available at this link. The adopted regulatory ordinance is available at this link. Minutes from the June 14, 2021 City Council meeting can be found at this link. The retailer application will be available by July 16, 2021.
-When does the ordinance take effect?
The adopted regulatory ordinance amendments took effect on June 16, 2021. The adopted zoning ordinance amendments took effect on June 23, 2021.
-How many marihuana retailers will the City allow for recreational adult use?
City Council adopted an ordinance in 2019 to allow three (3) marihuana retailers. City Council adopted amended ordinances on June 14, 2021 to permit three (3) additional marihuana retailers for a maximum of up to six (6) permits.
-How many medical marihuana provisioning centers will the City allow?
The existing ordinance permits five (5) provisioning centers and one (1) safety compliance facility. The first three (3) marihuana retailer applicants (1921B Hilton, 2625 Hilton, and 1551 Academy) currently have State issued licenses and City issued Certificates of Occupancy. The two (2) latest medical marihuana provisioning center applicants (642 E. 9 Mile, 925 E. Drayton) have received their respective Certificates of Occupancy, received their State issued licenses, and opened as of July 2021.
-How many safety compliance facilities will the City allow?
The existing ordinance permits one (1) safety compliance facility. The safety compliance facility at 2321 Wolcott received a Certificate of Occupancy and State issued license in July 2021.
-When can I apply for a marihuana retailer license?
Applications are no longer being accepted. The City Council agenda and packet from the October 11, 2021 meeting where the most recent 3 marihuana retailer permits were selected can be reviewed HERE. The adopted resolution can be reviewed HERE.
-Do I need a current pre-qualification (Step 1) approval letter under the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, as amended, being MCL 333.27956, that allows the licensee to operate as a marihuana retailer to apply for a City of Ferndale marihuana retailer permit?
Yes, as noted in Chapter 7-413 (h), a current pre-qualification (Step 1) under the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, as amended, being MCL 333.27956, that allows the licensee to operate as a marihuana retailer is a requirement of the application. The pre-qualification (Step 1) approval letter does not need to be from an existing operation in the City of Ferndale.
-What are the criteria that City Council used to review marihuana retailer applications?
The criteria that City Council used to review applications is listed on the application and the regulatory ordinance Chapter 7-412, (f).
-How much is the application fee for marihuana retailers?
The application fee for a marihuana retailer permit is $5,000. The fee is non-refundable and payable to the City of Ferndale by check.
-What zones are marihuana retailers permitted in?
M-1 (Limited Industrial), M-2 (General Industrial), OS (Office Service). A City zoning map can be found at this link.
-What type of distance requirements are there for proposed facilities? Can provisioning centers and marihuana retailers co-locate?
A marihuana retailer shall not be allowed within 500 feet of an educational institution, nursery school, or child care center, or another marihuana retailer facility, provisioning center or medical marihuana facility. The distance requirement shall not apply to a safety compliance facility. This distance requirement shall not apply to a marihuana retailer licensee that has a provisioning center license and is trying to co-locate at a single location. The distance requirement includes educational institutions, nursery schools, or child care centers, or marihuana retailer facilities, provisioning centers, or medical marihuana facilities in adjacent communities. The current distance map can be found at this link.
-Will the existing medical marihuana facility operating under the MMMA and special land use approvals be permitted to stay open?
The existing medical marihuana facility is able to continue to operate under the terms of their special land use approval.
-Should I buy property in the City in hopes of securing a license?
The City cannot give advice regarding speculative purchasing of property.