Title
An Ordinance to Add Chapter 95 (Temporary Reduction of Distance Requirements Between K-12 Schools and Marijuana Facilities and Establishments) to Title VII (Businesses and Trades) of the Code of the City of Ann Arbor
Memorandum
On August 7, 2025, the Ann Arbor City Council directed the Planning Commission to consider whether the current Uniform Development Code currently reflects the best practices for regulation of marijuana facilities and establishments and to review:
- Whether the 1,000-foot K-12 distance requirement (from marijuana establishments) should remain in place, be reduced citywide, or reduced in certain zoning districts or locations;
- Whether a Special Exception Use permit is an appropriate use designation for marijuana facilities;
- Whether other UDC provision regarding marijuana growers and processors should be amended; and
- Whether there should continue to be a cap of 28 retailers in the City of Ann Arbor
Michigan law permits municipalities to reduce the 1,000-foot distance requirement and several have done so, including Big Rapids, Marquette, and Emmet Township. There are currently two marijuana retailers located within 1,000 feet of a K-12 school—one on S. Ashley St. and the other on Research Park Drive. There is also another entity interested in opening at a longstanding marijuana retail location on S. Main St. but cannot because of the 1,000-foot rule, which the Cannabis Regulatory Agency (CRA) has begun strictly enforcing. There have been no complaints associated with any of the retailers currently operating within 1,000 feet of a K-12 school, which the Ann Arbor Police Department confirmed, and administrators at both schools have not expressed any complaints nor raised any issues regarding the sale of marijuana at the locations.
While the Planning Commission conducts their review, the proposed ordinance will allow two current marijuana retailers to renew their licenses with the City and the State of Michigan (CRA), and another proposed retailer to open in a location that has long been a site of medical and recreational marijuana sales.
The ordinance is temporary and will sunset in one year to give the Planning Commission sufficient time to review the issues, conduct public hearings, and recommend ordinance amendments for City Council consideration. It is anticipated that permanent ordinance changes will be made once the Planning Commission has reviewed the matter and made its recommendations.
Budget/Fiscal Impact: None.
Staff
Prepared by: John W. Reiser, Senior Assistant Attorney
Reviewed by: Deputy City Clerk Rachel Rickinger
AAPD Lieutenant Michael Scherba
Approved by: Milton Dohoney Jr., City Administrator
Body
(See Attached Ordinance)
Sponsored by: Councilmember Cornell