[HISTORY: Adopted by the Village Council of the Village of Vicksburg as indicated in article histories. Amendments noted where applicable.]
[Adopted 7-24-1987 by Ord. No. 159 (Ch. 38, Art. V, Div. 3, of the 1995 Village Code)]
No person within the Village shall possess, control, use, give away or sell marihuana or cannabis, which is defined as all parts of the plant Cannabis satiba L., whether growing or not; its seeds or resin; and every compound manufactured, salt, derivative, mixture or preparation of such plant unless such possession, control, use or sale is pursuant to license or prescription as provided in Act No. 368 of the Public Acts of Michigan of 1978 (MCLA § 333.7101 et seq.), as amended.
Any person who violates this article shall be punished as provided in § 1-6.
[Adopted 2-17-2020 by Ord. No. 294]
A. 
Pursuant to the provisions of Section 6.1 of the Michigan Regulation and Taxation of Marihuana Act (the "Act"), marihuana establishments, as defined by the Act, are completely prohibited within the boundaries of the Village of Vicksburg.[1]
[1]
Editor's Note: See the Michigan Regulation and Taxation of Marihuana Act, MCLA § 333.27951 et seq.
B. 
Any applicant for a state or local license to establish a marihuana establishment, as defined by the Act, within the boundaries of the Village shall be deemed to be not in compliance with this article or with the Code of Ordinances amended by this article.
C. 
This section does not supersede rights and obligations with respect to the transportation of marihuana through the Village to the extent provided by the Act, and does not supersede rights and obligations under Michigan law with respect to the establishment and licensing of medical marihuana facilities under the Michigan Medical Marihuana Act, the Medical Marihuana Licensing Act, 2016 PA 281,[2] or any other law of the State of Michigan allowing for or regulating marihuana for medical use.
[2]
Editor's Note: See MCLA §§ 333.27101 to 333.27801.
A. 
In conformance with Sections 4.1(e) and 6.2(b) of the Act[1] (except as otherwise provided in this section), the sale or consumption of marihuana in any form and the sale or display of marihuana accessories, as defined by the Act, is prohibited in any public places within the boundaries of the Village of Vicksburg.
[1]
Editor's Note: See the Michigan Regulation and Taxation of Marihuana Act, MCLA § 333.27951 et seq.
B. 
Any person who violates any of the provisions of this section shall be responsible for a municipal civil infraction punishable in accordance with § 1-6 of the Code of Ordinances of the Village of Vicksburg, unless a different penalty is expressly provided in this article or by the Village Council for the Village of Vicksburg.
C. 
This section does not supersede rights and obligations with respect to the transfer and consumption of marihuana on private property to the extent authorized by the person who owns, occupies or operates such property, as provided in and authorized by the Act, and does not supersede rights and obligations with respect to the use of marihuana for medical purposes as provided by any law of the State of Michigan allowing for or regulating marihuana for medical use.
All prior existing ordinances adopted by the Village of Vicksburg which are inconsistent or in conflict with the provisions of this article are, to the extent of such conflict or inconsistency, hereby expressly repealed.
Should any word, sentence, phrase or any portion of this article be held in a manner invalid by any court of competent jurisdiction or by any agency having authority to do so for any reason whatsoever, such holding shall be construed and limited to such word, sentence, phrase or any portion of the ordinance held to be invalid and shall not be construed as affecting the validity of any remaining words, sentence, phrases or portions of the ordinance.
The adoption of this article is hereby declared an emergency affecting the public peace, health and safety, and this article shall, therefore, be effective immediately upon its adoption.
After its adoption, this article or a summary thereof, as permitted by law, shall be published by the Village Clerk in a newspaper of general circulation in the Village.