▼

Marihuana Application

Show All Answers

1. How many medical and recreational adult-use licenses are available?

License status files for both medical and adult-use marihuana licenses are available to download.  They are updated periodically.  Information such as licensed facilities, active provisional certificates, pending applications, license totals and more is provided.

Status Files

Medical Marihuana License Status

Recreational Adult-Use Marihuana License Status

2. Which marihuana license types does Bay City allow?

View the full list of marihuana license types with descriptions.

• The city does not allow special licenses or uncovered grow operations.  All grow operations must be within enclosed buildings.  
• Both medical and recreational adult-use marihuana licenses are available. The allowed number of each license type is limited.  See the table below.

Allowed Marihuana License Types
Total Available	Medical	Total Available	Recreational Adult-Use
50	Provisioning Center	50	Retailer
10	Class A Grower	10	Class A Grower
10	Class B Grower	10	Class B Grower
55	Class C Grower	55	Class C Grower
25	Processor	15	Excess Grower
25	Compliance	25	Microbusiness
25	Secure Transporter	5	Microbusiness Class A
		25	Processor
		5	Consumption Establishment
		25	Compliance
		25	Secure Transporter

3. Are Consumption Establishments allowed?

Consumption Establishments are now allowed, however, by ordinance they can only be located adjacent to, or on the same property of a licensed retailer or microbusiness facility.  Only five will be allowed within the city.  Hours of operation for consumption establishments should follow the same hours set in the City ordinance for all retailer and microbusinesses, which is currently 7:00 a.m. to 9:00 p.m.

4. Are outdoor grower facilities allowed?

Outdoor cultivating is not allowed.  All plants must be grown indoors in an approved and licensed facility.

5. What is the required zoning for each license type and how do I find out if a location meets the zoning requirements?

There are property zoning requirements for each type of license.  Properties must either be zoned commercial or industrial depending on the type of license.  Facilities are not allowed in areas zoned residential.  In addition, facilities are subject to setback distances from schools, law enforcement buildings, parks, and churches.  The following resources are available to assist you in determining the zoning of a property.

Zoning Map - (PDF file) map of all zoning districts in Bay City.

City Interactive Map - Check an address for zoning & setback distance requirements in Bay City.  Click the blue circle icon on the bottom of the page for the legend.

Property Zoning Requirements for Marihuana Facilities

Zoning	Medical & Recreational Adult-Use
Commercial or Industrial	Provisioning Center / Retailer
Industrial	Class A Grower
Industrial	Class B Grower
Industrial	Class C Grower
Commercial or Industrial	Processor
Commercial or Industrial	Microbusiness
Commercial or Industrial	Secure Transporter
Commercial or Industrial	Safety Compliance
Industrial	Excess Grower

  

6. What are the separation setback distance requirements?

Separation Requirements, property line to property line: 

(1) At least one hundred (100) feet from a church or active religious institution.

(2) At least five hundred (500) feet from a Pre-K to 12 school. 

(3) At least fifty (50) feet from a court facility or public safety office, including law enforcement centers and fire stations. 

(4) At least one hundred (100) feet from public parks as identified in the City’s Parks and Recreation Plan. For the purposes of this Article, the Bay City Railtrail/Riverwalk non-motorized pathway is exempt from this requirement.

7. Did you know you are able to check for yourself if a property location meets the zoning requirements for a marihuana facility?

You can check any address within the city limits to see if it meets with zoning and setback requirements.  Plug in any address and wait a few seconds until all the layers draw on the map.  Use the legend at the bottom of the screen to check what all the pretty colors mean!

Zoning Map - (PDF file) map of all zoning districts in Bay City.

City Interactive Map - Check the address of a property location for zoning & setback distance requirements in Bay City.  Click the blue circle icon on the bottom of the page for the legend.

8. What does the marihuana license application process involve?

The entire application process can take up to a year or more before you actually receive your city operating license.  It mostly depends on how fast you receive city commission approval and complete your construction and/or renovations, and if you will need to go before the Planning Commission for site plan review or special-use approval; or the Zoning Board of Appeals if you will need to request any variances.

Application Overview

1. Submit your completed paper application with supporting materials, digital file of your entire application, and application fee to the City Clerk.
2. The Planning & Zoning Dept. will vet and process your application.
3. Fingerprints and background checks will need to be done through Public Safety.  There is an information sheet included within the application.
4. Application deficiencies or issues, if any, will need to be resolved.
5. Your application will then be distributed to relevant city departments for review.
6. After reviews have been returned by all departments, the application and reviews are submitted for inclusion on the city commission agenda.  You will be notified when your application is on the agenda and the meeting date it is scheduled for.
7. If approval is received, a provisional certificate will be issued and copies of the department reviews will be forwarded to the applicant.  All conditions or issues noted on the reviews must be resolved before the final inspection stage.
8. For medical marihuana licenses, you may ask for your attestation to submit with your state application any time after you receive City Commission approval.
9. Submit a plan review and permit application to the Building Dept. with sealed construction drawings when you are ready to commence with renovations and/or construction.  (This can actually be done before being approved by the City Commission if you are willing to take the risk of not being approved.)
10. When you are ready to submit your Step 2 Application to the state - send a letter by certified mail notifying us that you are submitting it (if the state still requires it) . 
11. Notify us when your renovations are complete and you are ready for your final inspections.  Your C of O that the state requires from the Building Dept. does NOT mean you have been approved by the city -  it only means that you passed your final building inspection for your renovations.
12. Once all department inspection approvals have been received, the City Clerk's office will issue your city operating license once they verify you have provided the correct insurance requirements with your application and have received a copy of your state license.  

It is the applicant's responsibility to provide a copy of their state license.  Operating without a city operating license is illegal and could lead to repercussions, penalties and fines.

9. What does the renewal application process involve?

Please submit your renewal application at least 60 days before your expiration date and allow 30 days for processing.

Please note:  the attestation required by your state renewal application will not be provided without the renewal application process as outlined below.

Renewal Application Overview:  

1. Submit your completed paper application with supporting materials, digital file of your entire application, and renewal fee to the City Clerk.
2. The Planning & Zoning Dept. will vet and process your application.
3. Fingerprints and background checks may need to be done through Public Safety for any new members and their spouses having an interest of 10% or greater.  
4. Application deficiencies or issues, if any, will need to be resolved.
5. Your application will then be distributed to relevant city departments for annual inspection.  On-site inspections may be required.  You will be contacted if so.
6. After final inspection approvals have been returned by all departments, the City Clerk's office will send/email the attestation required to submit with your state renewal application for medical marihuana licenses.
7. Once proof of your state renewal license has been provided, the City Clerk's office will validate that you have met your insurance requirements and then issue your city renewal license.

It is the applicant's responsibility to provide a copy of their state renewal license as soon as possible to avoid any repercussion, fees or penalties of illegally operating without a valid city operating license.

10. Who will need to have fingerprints and background checks performed?

Applicants having members with 10% or greater ownership or managing interest in the company will need to have fingerprints and background checks conducted.  This also includes their spouses.  It should only need to be done once and is not required for subsequent license applications or renewals with the exception of new member additions.  Applicants should contact Bay City Department of Public Safety to make arrangements, or for directions on how to submit fingerprints for non-local or out-of-state members.   

A gold sealed letter with background results will be mailed to the applicant from the State of Michigan.  It is the applicant's responsibility to forward the original copy of the letter and all background result attachments to Public Safety.  Results could take two or more weeks to receive from the State.      

11. How long does it take for City Commission approval?

It will typically take up to 3 months.  A lot will depend on how complete your application is and if we need to contact you regarding application deficiencies that need to be resolved.  The sooner any found issues are remedied, the sooner your application will be able to be reviewed by all relevant city departments and forwarded for City Commission approval.  

Meetings are held every 1st and 3rd Monday of the month except for holidays.  Applications must be submitted before the submission deadline for each meeting agenda.  It is possible your application could be delayed two or three weeks waiting for the next scheduled meeting if it is not ready to submit until after a submission deadline has passed.  

Please note: City Commission approval does NOT mean you are approved to commence operations.  You will receive a provisional certificate which signifies your application has been accepted for the chosen location.  You must fully complete all steps of the application process in order for your city operating license to be issued.

12. What is the difference between a provisional certificate and city operating license?

Once your application has been approved by the City Commission, a provisional certificate will be issued.  This certificate IS NOT a city operating license.  It only signifies that your application has been accepted and enables you to open a facility at your chosen location.  You must first complete the entire application process before a city operating license will be issued.  A city operating license will need to be renewed annually and Its expiration date will sync with the state license expiration date.  

A provisional certificate will expire after one year from the date of issue.  It cannot be extended or renewed.  However, according to the ordinance, applicants that can demonstrate they are diligently working towards obtaining an operating license, such as having pulled permits and actively working on renovations, will be allowed to continue even if the certificate has expired.  The city will not rescind an expired certificate if the applicant has open building permits that are current. 

Inactivity with an expired provisional certificate may be cause for the city to rescind it.  Expired certificates are ineligible for new ownership transfer.  Once a certificate has been rescinded, an applicant will need to start over with a new application and fee if the applicant wishes to continue. 

13. Does a C of O mean I have been approved by the city to start operating?

Your C of O that the state requires from the Building Dept. does NOT mean you have been approved by the city -  it only means that you passed your final building inspection for your renovations.  You will still need to have final inspections performed by all departments. 

It is your responsibility to notify us when renovations are completed and you are ready for them.  You are not allowed to stock any inventory on the premises until final inspections have been completed and approved.  Some departments may conduct on-site inspections and others may just check to make sure any issues noted on their initial reviews have been resolved or complied with before giving their approval.  When all approvals have been received and the City Clerk verifies you have met the insurance requirements, your city operating license will be issued once you have provided a copy of your state license. 

It is illegal to operate without a city operating license and you could face penalties and fines.

14. How do I report member changes?

Member changes such as the addition or removal of members need to be reported.  

Removal of a Member:
Provide notarized letters requesting the removal of the member(s) from the owner and from each member being removed.  There is a $100 fee per member/ per license held by the entity.

Addition of a Member:
Submit the New Member Packet Application and supporting materials for new members having 10% or greater interest.  There is a $100 fee per member/ per license held by the entity.

15. How do I correct an address error, or add a suite or unit number?

You can amend or make a revision to the location address listed on your application by submitting our Address Correction Form.  This form is simply for correcting errors in the address or for adding suite or unit numbers .  It cannot be used for location changes.  You would need to start the whole application process over with a new application and fee for a complete location change.

16. We want to change our company name. Can we do this?

(This does not pertain to changing a DBA)
You will need to fill out our Name Change Form and provide the required documentation.  A name change can only occur if the exact company structure with the same members is being retained. Otherwise a new application for new ownership transfer with transfer application fee would be required.  This would be essentially starting the application process over from the beginning.   

17. Can I sell or transfer my provisional certificate or city operating license?

A provisional certificate and city operating license are both exclusive to the applicant and location to which they were issued to.  So technically they cannot actually be sold or transferred. However, the act of transferring a certificate or license to new ownership guarantees that a license would be available to the new owner at that same location, but they would still have to submit a full application including fingerprinting and background checks, and then be approved by the City Commission before a new certificate would be issued.  

A license would be issued after the application has been entirely completed with approval of final inspections and the issuance of a state license.  The main difference is the cost of the application fee.  A transfer fee is currently $500 while a totally new license application fee is $5000 and an expired or rescinded provisioning certificate is not eligible for transfer at all.