Marihuana in Berkley


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Berkley, MI – July 19, 2021 – On Wednesday, July 14, 2021, Berkley City Manager Matt Baumgarten held a public meeting and scored all marihuana license applications that had been submitted to the City between June 15 and June 29, 2020, based on the scoring matrix criteria adopted by City Council.

The public meeting was held in accordance with the Open Meetings Act and after pending litigation in the Oakland County Circuit Court had concluded.

Two lawsuits were filed by various license applicants in December 2020 which resulted in a preliminary injunction requiring the City to suspend and postpone any further processing of the marihuana business license applications until the Court made further rulings on the claims made. The City filed motions to dismiss the lawsuits, which the Court granted in part, allowing the City to resume its intended marihuana business licensing process.

Next Steps
Per the City’s adopted marihuana ordinance, all applicants aggrieved by their unofficial scores have the option to appeal their scores and plead their case before a Hearing Officer who has been retained by the City at the direction of the City Council. The dates and times for the appeals have not yet been scheduled.

In order to ensure that all processes are complete and without complication, the appeal process will take place before any plans can be submitted for site plan review by the Planning Commission.

What Has the City Done Thus Far?

  • (February 2019) Conducted a City-wide survey and Informational Town Hall Meeting on whether the City of Berkley should allow for medical and recreational marihuana businesses.
  • (June 2019) City Council approved a temporary extension to “opt-in” at the end of the year and to begin accepting applications for recreational and medical marihuana businesses.
  • (August - September 2019) Planning Commission reviewed the zoning map and ordinance language to permit medical and recreational marihuana businesses to operate within the City.
  • (December 2019) City Council voted to approved licensing and zoning ordinances effectively allowing marihuana business in the City of Berkley.
  • (February 2020) City Council approved and adopted the merit point evaluation system for marihuana business licenses in Berkley.
  • (March 2020) The marihuana business license application submission process opened.
  • (May 2020) The marihuana business license application submission process re-opened due to the onset of the COVID-19 pandemic.
  • (September 2020) Scoring results were released on September 29, 2020, posted on the City’s website, and notification was sent to the applicants. Pursuant to the ordinance, the 3 highest-scoring applicants were to be recommended by the City Manager.
  • (November 2020) Administrative appeals were filed by most applicants who did not agree with the initial scoring of their application. City Council appointed a hearing officer to preside over the appeals and make a report and recommendation to City Council in accordance with the ordinance.
  • (December 2020) Litigation ensued thereafter, and, on the day the administrative appeal hearings were scheduled to begin, the Circuit Court entered a preliminary injunction suspending the City’s administrative appeal and licensing process.
  • (July 2021) Berkley City Manager held a public meeting and scored all marihuana license applications that had been submitted to the City between June 15 and June 29, 2020, based on the scoring matrix criteria adopted by City Council. 

Where Are We Now

City Manager Matt Baumgarten held a Public Meeting on Wednesday, July 14, 2021, at 10 AM to review and score the Marihuana Business License Applications. 

         

Application Process
Results:

Unofficial Merit Score Results
Unofficial Merit Scoring completed by City Manager Matt Baumgarten
Marihuana Appeals Guidance Memo
  • In order to ensure that all processes are complete and without complication, the appeal process will take place before any plans can be submitted for site plan review by the Planning Commission.

Marihuana Policy Documents & Materials 

Marihuana Zoning Ordinance [Adopted December 2019]
Marihuana Licensing Ordinance 
Marihuana Business License Evaluation Merit Point System [Adopted February 3, 2020]

Allowable Locations - "Green Zone" Map [As Adopted in the Marihuana Zoning Ordinance]
Developers Meeting Presentation [Presented March 6, 2020 - Updated June 1, 2020]
Frequently Asked Questions
Marihuana Process Memo | 05.18.2020

Marihuana Business License Application Materials:
[All Items must be completed in Fillable PDF, Printed, and Signed]
Marihuana Business License Application 

Additional Stakeholder Sheet
Additional Onsite Managers Sheet


City Media Releases

(July 2021) City of Berkley Moves to the Appeals Portion of the Marihuana Application Process

(July 2021) City of Berkley Moves Forward to the Next Stage of the Marihuana Application Process

(September 2020) City of Berkley Announces Merit Point Results for Marihuana Business License Applications

(September 2020) City of Berkley Marihuana Business License Application Update

(May 2020) City of Berkley Announces Updated Marihuana Business License Application Process

(February 2020) City of Berkley Has Released the Marihuana Business License Applications

(August 2019) Marihuana Ordinance Update

(June 2019) City of Berkley Plans to Accept Marihuana Applications in 2020

(February 2019) Watch Town Hall Meeting on Recreational Marihuana

(February 2019) Take an Online Survey on Recreational Marihuana

(November 2018) Berkley Council Postpones Action on Proposed Marihuana Ordinance

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