MOUNT CLEMENS, Mich. (WXYZ) — You can now buy recreational marijuana in Mount Clemens even though the city says it's against their rules.
Two businesses recently began selling adult-use cannabis after receiving licenses from the state regulatory agency. However, the city claims it was an error and they're working to fix it.
The two locations are JARS Cannabis on Groesbeck Highway and Pleasantrees, which is at the old Gibraltar Trade Center.
In June, Mount Clemens essentially called a time-out in the recreational licensing process. City officials explained there was a lot of demand and concerns regarding equity and fairness.
Both JARS and Pleasantrees applied through the Cannabis Regulatory Agency. David Harns, a spokesperson for the CRA, says they checked with Mount Clemens before issuing the license.
7 Action News asked a spokesperson for JARS if they felt unwelcome in Mount Clemens.
"All I can say is we followed the law," Josh Hovey with JARS Cannabis said.
Hovey says they opened to customers on Wednesday. Their existence and Pleasantrees' are now under review by city officials.
They claim Mount Clemens hasn't issued any adult-use permits.
"I don't see that there is any going back," said Matthew Abel, founder of Cannabis Counsel.
Abel has been practicing law for over 30 years. He says the issuance of a license is a property right and once that property attaches, it becomes an issue for the courts.
"It will be interesting to see how this plays out. My guess is those two businesses, Pleasantrees and JARS, will remain there," Abel said.
Pleasantrees chose not to comment on the situation.
The CRA claims both businesses got their license fair and square. In a statement Harns said:
"We followed the same procedure we always follow when processing licenses. That procedure includes checking with municipal officials to make sure an applicant is in compliance with local ordinances. Our published municipal guide explains the process and we don't deviate from it."
"We would not have been able to purchase product and enter it into our system on the recreational side had they not been approved," Hovey said.
JARS was originally operated as a medical marijuana dispensary.
So how exactly did these businesses slip through the cracks at the local level?
The city hasn't really explained.
In a statement Mayor Laura Kropp simply said:
"Our Mount Clemens city attorney is currently working with state officials to rectify the situation."
She says until they hear from the state’s enforcement division on what the outcome will be, they are declining interviews.
"It is unfortunate that we have to have this litigation just to have the dance play out," Abel said. "One way or the other, but it would be the city that would bring some type of action now to try to shut them down."
The state says the licenses and the businesses are all legit, but anyone found in violation of the state's marijuana tracking act faces serious consequences including license denial, civil fines of up to $10,000 and orders to cease operations.
