By DEBRA HAIGHT
BCR Correspondent
NILES, MI – Retail marijuana businesses won’t be locating in Niles Township after voters last week defeated a referendum on a township zoning amendment setting rules for up to 29 marijuana dispensaries and also approved a ban on all retail marijuana businesses in the township.
Unofficial results last week showed that the 1,819 people voted no on the referendum while 1,156 voted yes. That amounted to 61 percent voting no and 39 percent voting yes. On the total ban proposal, 1,723 or nearly 58 percent voted yes while 1,259 or 42 percent voted no.
This was the third time since 2022 that Niles Township voters have weighed in on having marijuana businesses in the township. Voters defeated a proposal to allow retail marijuana businesses in 2022; they approved a similar proposal last year.
This year, Niles Township officials adopted a zoning ordinance amendment to govern marijuana establishments. It allowed marijuana businesses only on South 11th Street (M-51) on the southern end of the township from Fulkerson Road to the state line. Officials also said they would not limit the number of licenses issued and ended up accepting 29.
Township Supervisor Marge Durm-Hiatt declined to comment on the election results last week. She said that the township’s attorney had advised them not to comment as they expect to face litigation.
A letter from the township attorney to conditional marijuana licensees obtained by a local news outlet did offer a glimpse into what township officials are thinking after the vote.
“As you can see, both votes were against marijuana establishments within the Township by a substantial margin,” attorney Robert Thall wrote. “The Township must respect the will of the voters, which will have the following effects. The Township will no longer consider any new marijuana license applications or continue to process any existing applications.”
“Furthermore, the Township will not consider any zoning permit requests for marijuana establishments or issue any occupancy permits for the same,” he added.
Thall continued, “If you have already applied for zoning approval, a separate letter will be sent to you regarding your pending or approved zoning application. This prohibition on marijuana establishments shall remain in effect unless a future vote of the people demand otherwise.”
Niles Township has already collected $145,000 in license fees from the 29 businesses that had planned to locate in the township. If all the businesses had actually opened, the township could have reaped over $1.6 million a year in state excise tax revenue which Durm-Hiatt had said would be spent on projects involving roads and parks.
Durm-Hiatt did comment on the situation back in August when the township board voted to put the two proposals on the November ballot after a court order requiring them to accept petitions. Township officials had initially denied accepting the referendum petition.
People spoke out over the past several months both for and against the two proposals and for and against marijuana in general. They questioned the township’s decision to allow for so many marijuana businesses as well as the motives of those bringing one of the petitions.
Durm-Hiatt said in August that the township board had voted to allow an unlimited number of businesses after the township attorney had advised them that limiting the number of licenses they granted could open the township up to lawsuits.
As for the petition drives, some people alleged that the petition drives were not grassroot efforts but orchestrated by people outside the area and a marijuana business inside the city of Niles.
Information provided by the Berrien County Clerk’s Office showed that the referendum petition was filed by the Committee Against Unlimited Pot Shops in Niles Charter Township which is based in Troy, Michigan. People also alleged that at least one marijuana business based in the city of Niles was behind the petition drives.