Berkley, MI – July 8, 2021 – The City of Berkley will be moving forward with the marihuana licensing application process now that pending litigation in the Oakland County Circuit Court has concluded and the preliminary injunction by the said court has been lifted.
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.
What Does This Mean?
The City’s approach and process to the marihuana business license application was developed and adopted in accordance with the MI Regulation and Taxation of Marihuana Act (MRTMA) but most importantly, with community and stakeholder input designed to yield the best applicants for Berkley.
Per the City’s adopted marihuana ordinance, the City Manager will score the marihuana business license applications based on the scoring matrix criteria adopted by City Council. The scoring meeting with the City Manager will take place on Wednesday, July 14, 2021, at 10 AM in City Hall (3338 Coolidge Hwy. Berkley MI, 48072).
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.
To learn more and stay up-to-date, visit our #NowTrending section on our website www.berkleymich.org/marihuana.