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October 11, 2019

Adoption of Ordinance

To Opt-Out, Regulate and Prohibit Marihuana Establishments and Facilities and Prescribe Penalties for Ordinance Violation 2018-07

Notice is hereby given that Vergennes Township Ordinance 2018-07 to opt-out, regulate and prohibit Recreational Marihuana Establishments and Facilities in Vergennes Township and to Prescribe Penalties for Violation of the Ordinance was adopted at a special meeting of the Vergennes Township Board on December 3, 2018 and is summarized as follows:

Section 1 – TITLE: Known as: “Vergennes Township Marihuana Establishments and Facilities Ordinance.”

Section 2 – DEFINITIONSIHRA means the Industrial Hemp Research Act, 2014 PA 547, MCL 286.841 et seqMarihuana establishment means that term as defined in the MRTMA. Marihuana facility means that term as defined in the MMFLA. MMFLA means the Medical Marihuana Facilities Licensing Act, 2016 PA 281, as amended. MMMA means the Michigan Medical Marihuana Act, 2008 IL 1, as amended. MRTMA means the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, as amended.

Section 3 – MARIHUANA ESTABLISHMENTS AND FACILITIES PROHIBITED: Marihuana facilities are prohibited within the boundaries of the Township.
Section 4 – RIGHTS UNAFFECTED BY THIS ORDINANCE- This Ordinance shall not affect the rights of any person under Section 5 of the MRTMA, or the IHRA.
Section 5 – SEVERABILITY If any part of this Ordinance is determined to be unconstitutional or unenforceable by a court of competent jurisdiction, it shall be severed from the remainder of the Ordinance and such determination shall not affect the remainder of the Ordinance which shall remain valid and in effect.

  1. Section 6 – PENALTIES: Violation of this Ordinance is a municipal civil infraction.  This Ordinance will be enforced and administered by the Township Zoning Administrator, the Township Building Inspector, and such other Township official or agent as the Township Board or such other Township official as may be designated from time to time by resolution by the Township Board, or the Kent County Sheriff Department.
  2. The complete text of the Ordinance 2018-07 is on file at the township office, located at 10381 Bailey Dr., Lowell, and is available on the township website at www.vergennestwp.org.

This ordinance shall become effective thirty (30) days after publication.
Heather Hoffman
Vergennes Township Clerk