[12-4-2018 by Ord. No. 2018-02]
In the interest of preserving the public peace, health, safety and welfare of the City of Ithaca by prohibiting the creation and operation of marihuana establishments and facilities, this article is established.
[12-4-2018 by Ord. No. 2018-02]
The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:
IHRA
The Industrial Hemp Research and Development Act, 2014 PA 547, MCL § 286.841 et seq.
MARIHUANA ESTABLISHMENT
That term as defined in the MRTMA.
MARIHUANA FACILITY
That term as defined in the MMFLA.
MMFLA
The Medical Marihuana Facilities Licensing Act, 2016 PA 281, as amended.[1]
MMMA
The Michigan Medical Marihuana Act, 2008 IL 1, as amended.[2]
MRTMA
The Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, as amended.[3]
[1]
Editor's Note: See Mich Admin Code, R 333E-2.2018 et seq.
[2]
Editor's Note: See MCL 333.26421 et seq.
[3]
Editor's Note: See MCL 333.27951 et seq.
[12-4-2018 by Ord. No. 2018-02]
A. 
Pursuant to the provisions of Section 6.1 of the MRTMA, and Section 205 of the MMFLA (the "Acts"), marihuana establishments and facilities, as defined by the Acts, are completely prohibited within the boundaries of the City.
B. 
Any applicant for a state or local license to establish a marihuana establishment or facility, as defined by the Acts, within the boundaries of the City shall be deemed to be not in compliance with this article or with the Code of Ordinances amended by this article.
[12-4-2018 by Ord. No. 2018-02]
A. 
Except as specifically provided in § 5-33, this article does not supersede the rights, privileges or obligations of any individual or other person preserved under the MRTMA.
B. 
This article does not supersede the rights, privileges or obligations with respect to the transportation of marihuana through the City to the extent provided by the Acts.
C. 
This article does not supersede the rights, privileges or obligations under Michigan law with respect to the establishment and licensing of medical marihuana facilities under the MMMA, the MMFLA or any other federal or State of Michigan law, rule or regulation allowing for or regulating marihuana for medical use.
D. 
This article does not affect the rights, privileges or obligations of any individual or other person under the IHRA.