2 marijuana shop proposals pushing ahead in Port Huron

Jackie Smith
Port Huron Times Herald
The two-story site off the Black River and at 1033 River St., pictured on Thursday, April 6, 2023, is slated to become a marijuana dispensary and consumption lounge under the Exhibit Cannabis Co.

Proposals for two commercial marijuana shops are taking steps to open in Port Huron, but it may still be a while before the doors of any establishment open to recreational customers.

The city’s planning commission OK’d special use permits for one location at 1033 River St. during a meeting last Tuesday. Another permit request was tabled until next month for an applicant looking to open a storefront at the current Ernest Camera Shoppe, 1600 Pine Grove Ave.

On Thursday, Mark Aubrey, an operator through the Exhibit Cannabis Co., said he was excited to be moving forward at the site that was approved for special use with plans to open a marijuana dispensary and consumption lounge in the two-story former office site located in a neighborhood west of 10th Avenue and along the Black River.

The first floor, he said, would be the retail space for recreational pot, while the second floor would be the lounge.

“We’re going to have something similar to a restaurant without food. There will be access to food. We’re thinking of maybe some food trucks, possibly where you could just go outside, grab food, and bring it upstairs if you wanted. But similar to that, TVS, a lounge area, some games and stuff like that,” Aubrey said.

“I think residents have been waiting a long time for it, and I think they’re also excited, to be honest with you,” he added. “I think it’s just what people want.”

The first-floor layout for the Exhibit Cannabis marijuana shop is shown for 1033 River St. The operator received approval for special use permits from Port Huron's planning commission for retail and a consumption lounge.

The decision to OK Aubrey’s special use permits — one for the lounge and another for the store — was unanimous among planning commissioners present last Tuesday.

A third request for the retail outfit on Pine Grove was through Ox Tail Inc. is seeking one special use permit and is expected to come back before commissioners in May.

Both Exhibit Cannabis and Ox Tail are among the provisional license recipients first named by the city in early 2021 before litigation pressed pause on formal issuance. Dozens of applications had come into the city clerk’s office, which was tasked with setting up the application process and naming licensees under a scoring rubric prescribed in an ordinance approved by voters in November 2020.

In all, seven operators were approved for establishments at 10 locations, including two microbusinesses and marijuana processors.

Aaron Geyer, an attorney and agent for Ox Tail, said they, too, were “grateful to be able to move forward in the process,” admitting “it took way too long” for issues to be resolved. He said they were looking for additional information before coming back before the planning commission.

Currently Ernest Camera Shoppe, pictured on Thursday, April 6, 2023, the structure at 1600 Pine Grove Ave. has been pegged for a future marijuana retail storefront under Ox Tail Inc.

Some residents concerned about Pine Grove proposal

Plans with architect Bill Vogan showed Ox Tail refitting the circular Ernest Camera Shoppe structure, newly dubbed “Moses Roses.” Previously, Chris Aiello, an Ox Tail partner, has said being on a main strip with lots of parking and space to do curbside sales was originally part of what made their location attractive.

Despite the delay in special use discussion, three residents spoke against the Pine Grove proposal last Tuesday.

Ken Berish, who lives in nearby on Edison Shores Lane, referenced a 2019 University of Colorado study on the impact of marijuana legalization, adding he feared a similarly sharp rise in crime in residential areas surrounding commercial marijuana operations. And although he acknowledged those crime rates also declined over time, he said he was also concerned about Ox Tail’s potential proximity to three park areas with Optimist Pine Grove park and along Thomas Edison Boulevard.

John Kendrick, speaking for directors of a neighboring Karrer-Simpson Funeral Home, said they were concerned about cannabis retail being near the hospital, an international bridge, and the “gateway to Edison Shores, the most expensive subdivision in Port Huron, as well as the Doubletree and Convention Center.” Calling the latter the “heart of our tourism industry,” he said, “It is our opinion the traffic and clientele gravitating to a retail marijuana outlet is not ideal for this particular location.”

Dr. Karen Niver agreed, adding, “This issue is a matter of families — families first, please, in Port Huron.”

No one spoke against the 1033 River St. proposal.

The southern elevation for Ox Tail Inc.'s proposed marijuana shop at 1600 Pine Grove Ave. is shown. The operator was seeking one special use permit from Port Huron planning commissioners.

What comes next with marijuana establishments in Port Huron?

David Haynes, the city’s planning director, said no other provisional license recipients have come forward with inquiries on the next step for local approvals.

Al Francis, the city’s attorney, said those that do are moving forward at their own risk, as litigation moves into the Michigan Court of Appeals.

A January order from St. Clair County Judge Cynthia Lane ruled in favor of the city’s original process for naming licensees. Two years ago, multiple entities contested how applications were scored and how licensing results were reached.

Lane’s ruling, however, lifted a stay originally put on issuing provisional licensure.

At the appeals level, Francis said, “No one has asked for the ordinance and enforcement of it to be stayed any longer.”

Both Exhibit Cannabis and Ox Tail were intervening parties in the local litigation and remain named on appeal.

Any other provisional licensees will also have to seek special use permits under city zoning laws and satisfy other local building and site plan requirements before getting final license approval from the state.

Geyer said it was too soon to put any sort of timeline on that for Ox Tail.

Terry Ernest, owner of the still-open camera shop, confirmed he planned to retire but said the transfer of the property hadn’t been finalized.

Aubrey, a Shelby Township resident, is also licensed with marijuana cultivators in the city of Warren and was looking to bring their own product to a dispensary in Port Huron.

“I would say six to eight months is realistic to be open,” he said of Exhibit Cannabis. “There’s always a risk, but in my opinion, the risk is minimal now. So, it’s worth the risk. I think we will be open — probably one of the first ones just judging by who’s moving forward in the process right now.”

Contact Jackie Smith at (810) 989-6270 or jssmith@gannett.com. Follow her on Twitter @Jackie20Smith.