Detroit City Council passes marijuana ordinance allowing recreational sale of pot in city

DETROIT (FOX 2) - The Detroit City Council has approved an ordinance that allows for the sale of recreational marijuana within city limits. 

An 8-1 vote approved the measure, which had been in the works soon after smoking pot became legal in Michigan in late 2019.

The ordinance that was approved also promises that longtime Detroit residents will have opportunities to apply for retail and grower licenses, a staple of the bill's author Council President Pro-tempore James Tate. 

Councilwoman Mary Waters was the lone no-vote during the city council meeting Tuesday. 

The revised ordinance was introduced almost a year after a judge ordered the city to cease all processing of applications for business licenses in the cannabis sector, which had originally favored residents of Detroit who had lived in the city for 15 of the last 30 years and still currently do.

However, last June the judge said that ordinance gave an unfair advantage to some applicants over others. 

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In the newly-passed ordinance introduced by Tate, "equity applicants" includes long-term residents and anyone who has been hurt by marijuana laws but may not live in the city. Tate has long pushed for an equitable approach to advancing the industry in the city to give residents a shot at opening a business, despite not necessarily having the same financing or resources available.

The ordinance goes into effect on April 20. At that time, all applications will be processed. 

In the original ordinance that was unanimously approved in late 2020, it was legacy Detroiters whose applications were considered first. Judge Bernard Freidman took issue with the timing of the application processing, arguing the preferential treatment was "likely unconstitutional" after Crystal Lowe, a plaintiff who didn't qualify for the legacy status, sued the city. 

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At that point, the city could have appealed the ruling or waited for a trial. But instead, the council focused on passing a new ordinance. 

Any recreational pot license application has been on hold since the ruling. 

Other changes in the ordinance include expanding the number of retail licenses the city would accept, as well as creating a lottery system for those who don't have a location to open a dispensary yet.