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Mount Clemens City Commission approves first reading of marijuana business ordinance after 4–3 vote

Mount Clemens City Commission · June 3, 2024
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Summary

On Sept. 7 the Mount Clemens City Commission approved the introduction and first reading of a recreational marijuana business ordinance, adopting a point-based selection system and setting a second reading for Sept. 20. The measure drew sharp debate over whether the draft favors a particular applicant and the risk of litigation.

The Mount Clemens City Commission voted 4–3 on Sept. 7 to approve the introduction and first reading of a recreational marijuana business ordinance, setting a second reading and possible adoption for Sept. 20.

The ordinance replaces subjective selection criteria with a point system for awarding recreational licenses, a change staff and the city attorney said is intended to comply with state law and reduce the risk of legal challenges. The city attorney said he will make two drafting changes before the second reading, including adding explicit references to microbusinesses.

Opponents pressed that the ordinance, as drafted, could advantage a particular site or applicant. A resident who identified himself during public comment asked the commission to table the item and said the draft contained language that had been "inserted midstream" to benefit Pleasantries and the Gibraltar Trade Center site. Commissioners asked staff for clarity about whether previous conditional approvals or later changes in LLC membership would confer an advantage under the new point system.

The city attorney responded that the draft carried forward numerical limits that had been in the city’s medical-marijuana ordinance and explained the point system was chosen after litigation elsewhere struck down more subjective selection processes. He also said that if a permitted applicant significantly changes its membership before receiving a city permit, "that would require a new application" and could reopen the competitive process.

Several commissioners voiced unease about the ordinance’s readiness and the potential for court challenges. One commissioner said, "I am certain we will have multiple litigation no matter what you do," and urged caution about rushing adoption; another said the drafting process had been "very, very confusing and difficult" and expressed reluctance to support final adoption tonight.

Despite the concerns, the commission approved the introduction and first reading on a 4–3 roll call. A second reading with the noted edits is scheduled for Sept. 20, when the commission may adopt a final ordinance or make additional changes.

What’s next: The commission will receive the attorney’s clean copy and any additional edits before the Sept. 20 meeting, when the ordinance is scheduled for a final vote.