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NILES CHARTER TOWNSHIP — After seven years of observing the ever-changing Michigan cannabis industry, Niles Charter Township will soon be tossing its hat into the ring.

The township’s proposed Recreational (Adult Use) Marijuana Establishment Ordinance and its amended zoning ordinance will be considered for adoption by the Niles Charter Township Board at its next regular meeting to be held at 7 p.m. Monday April 21. 

Township Supervisor Marge Durm-Hiatt said the zoning ordinance amendment and marijuana ordinance have been turned over to the Berrien County Planning Commission for approval prior to the April 21 vote. Changes to the ordinances can be made prior to the final approval on April 21.

“After the 21st, things are going to start moving,” Durm-Hiatt said. “We’ll have applications very soon after that.”

The board voted unanimously Monday to amend the proposed marijuana ordinance to go into effect seven days after approval. It was originally set to go into effect immediately following approval. The board made the amendment to allow the marijuana ordinance to go into effect the same time as its zoning ordinance amendment, which is set for seven days after approval (April 28).

The proposed ordinance establishes that the township is now opting in to allowing for recreational marijuana establishments and requires that all recreational marihuana establishments follow all state regulations as well as local rules and regulations. It also establishes the parameters for the permitting process and calls for the establishment of licensing fees and limitations on the number of licenses. 

The application fee will be set at $5,000 for each requested license for a recreational (adult use) Marijuana establishment within the Township.

There will be three types of marijuana establishments available:

• An unlimited number of retailers 
• One secure transporter establishment
• One safety compliance facility 

The following ​​would not be authorized and would not operate within the boundaries and jurisdiction of the township: 

• Growers
• Processors
• Microbusinesses
• Event Organizers
• Temporary marijuana events
• Consumption establishments
• Excess grower licenses

The amended zoning ordinance would include “Marihuana retailer,” “Marihuana safety compliance facility,” and “Marihuana secure transporter” as a special land use. If the zoning ordinance is approved, marijuana establishments would be located in the General Business zoning district and would have frontage on S. 11th Street between State Line Road and Fulkerson Road. 

Township officials voted unanimously in May 2019 to opt out of the recreational marijuana business. In 2022, Voters turned down a proposal that would have allowed marijuana establishments in Niles Charter Township limits before approving a proposal in November 2024.

The City of Niles, Buchanan, Cassopolis, Dowagiac, Edwardsburg, Berrien County and Cass County were among the 302 municipalities statewide that received payments from the marijuana Regulation Fund in March. Each eligible municipality and county received more than $58,200 for every licensed retail store and microbusiness located within its jurisdiction.

For the 2024 state fiscal year, there was more than $331 million available for distribution from the Marihuana Regulation Fund.

The distribution breakdown for local municipalities and counties is as follows:

• Buchanan: Number of licenses – six; city distributions – $349,371.96
• Cassopolis: Licenses – two; village distributions – $116,457.32
• Dowagiac: Licenses – two; city distributions – $116,457.32
• Edwardsburg: Licenses – two; village distributions – $116,457.32
• City of Niles: Licenses – seven; city distributions – $407,600.62
• Berrien County: Licenses – 27; county distributions – $1,572,173.82
• Cass County: Licenses – 8; county distributions – 465,829.28

Durm-Hiatt expects the interest in township marijuana establishments to be high.

“We don’t know until the applications come in but I would expect we will half 15 to 20 applications the first day.”