KALAMAZOO, MI — Walking into a bar, ordering a beer and smoking marijuana would, historically, qualify as illegal in Michigan. Local brewery owner Mark Rupert wants to change that.

Michigan voters in November approved a measure legalizing the recreational use of marijuana in the state, though the law does not allow the use of the drug in public places. Rupert plans to close his downtown Kalamazoo brewery periodically to hold private events where individuals will be invited inside to smoke or consume marijuana products.

During private events not open to the general public, Rupert’s Brew House, located at 773 W. Michigan Ave., will turn into “The Cooperative.” The events will offer a private setting for adults to bring their own marijuana to consume, while hanging out with like-minded people and sharing marijuana knowledge and products with each other, Rupert said.

Rupert expects to charge a membership fee, which he estimated would be $5 per event, or $20 a month. But that could change, he said.

The social club is meant to build a community around cannabis culture, Rupert said.

“There are not a lot of places that are welcoming to the new idea of cannabis being recreational,” he said. “I think it’s important for the community to have a place where they can feel comfortable talking about cultivation or the culture of cannabis on top of everything we already do with the craft beer.”

A growler and pint at Rupert's Brew House the night before its grand opening in 2013. (James Buck / MLive File photo)

From the perspective of the Michigan Liquor Control Commission, Michigan Department of Licensing and Regulatory Affairs Spokesman David Harns said a licensee with a brewer’s license that closes its doors for private club activities could face a liquor control commission hearing because a public licensee must remain public while the license is in effect.

“A brewery may not act as a private club unless they surrender their liquor license to the Commission or put it into escrow,” Harns said. A licensee could face penalties including fines, suspension or revocation depending on the situation, Harns said.

Rupert said he believes he only has to maintain public hours at the brewery to maintain the brewing license.

Rupert said he wants people such as artists who use marijuana to have a place where they won’t be judged or intimidated.

“It’s not going to be a pot den,” he said. “We’re not trying to turn it into a smoker’s bonfire of weed. We want people to respect what we’re doing.”

Rupert plans to have demonstrations at events in the future, like seminars about cultivation or glassblowing.

“This building has always been a place where good friends meet,” he said.

He wants that aspect of the business to survive, and believes the cannabis club will help build a community.

Rupert plans to install a key fob system to provide access to members of the private club, and membership fees could help cover the cost of installing it, he said.

He opened Rupert’s Brew House in 2013 inside the building on West Michigan Avenue that previously housed The Strutt, a nightspot and coffee bar.

Captain Stooby, the 197-pound, 7-year-old Great Dane mascot that inspired the brewery’s logo, greeted customers at the bar until it died in 2015. Rupert now has a new Great Dane, Uncle Bill.

Rupert expects to periodically hold the private club events inside the brewery. In the beginning, he said, he plans to hold them weekly on Saturday evenings.

On days when a cannabis club event will be held, he said, plans are for the brewery to remain open from 2 p.m. to 9 p.m. before closing to the public and reopening to for club members only at 10 p.m.

Rupert’s will not sell cannabis products, but will allow their use during the private club events, Rupert said. Members can consume cannabis as they see fit, he said, which is why the events are private.

Rupert said he has spoken with an attorney about his plans and, based on that conversation, believes he is not doing anything illegal.

“Were not condoning any sale of cannabis products," he said. “We’re not into bartering, we’re not into any sort of transaction that would put people in jeopardy. The ideas is to let them be free with themselves.”

Rupert's Brew House the night before its grand opening in 2013. (James Buck / MLive File Photo)

Sarissa Montague, associate attorney at Kalamazoo-based law firm Levine & Levine, said social clubs have not been specifically addressed by the state legislature. Montague, who is not affiliated with Rupert’s, said one important issue a social club would have to deal with is whether it’s in a private space or not.

“The marijuana act is intended to allow people over the age of 21 to use marijuana unless it is specifically precluded by the act,” she said. “That said, there are still grey areas and it might take court cases to figure out what those grey areas mean.”

Municipalities can ban some types of marijuana recreational businesses. Social clubs are not one of the types of businesses regulated under the state’s medical marijuana business law, which regulates sellers, growers, processors, transporters and safety compliance facilities.

“You can’t know for sure if somebody’s going to try to challenge it,” Montague said. “If somebody tries to challenge it, then a court case comes in to flesh it all out.

“The law says what it says, but what’s it going to mean in 5 years?” she asked.

Kalamazoo City Attorney Clyde Robinson said “this apparently is a loophole in the law.”

Robinson said he is aware clubs of this nature, and that they have been a concern for other communities.

He said the issue raises questions about how such a club would operate, and if the memberships constitute an exclusive club. He said it raises a question about the requirements to be a private club. Whether a plan like Rupert’s would qualify as a private club could depend on the terms of membership, Robinson said.

The city attorney said he did not know about the social club planning to open in Kalamazoo, but said there are general questions about how such clubs would operate. Paying an admission and what members get for paying admission is one question, he said.

“We’re really on the frontier, if you will,” Robinson said. “I think a lot of things are going to develop over the course of the next few months that nobody thought of when this new statue passed, as to what you can do and can’t do.”

When asked if the state allows people to consume marijuana at a business, Harns said LARA’s Bureau of Marijuana Regulation is reviewing the provisions of the Michigan Regulation and Taxation of Marihuana Act passed by voters in 2018 as LARA begins to work toward implementing its facility regulatory program.

Rupert held an informal event in late December to tell people about his plans. He thinks some of his current customers will want to join the social club, and he invites others to come see what it’s all about too.

Mark Rupert talks about his new Cannabis Club that will be at Rupert’s Brew House in Kalamazoo, Michigan on Wednesday, January 9, 2019.Emil Lippe | MLive.com

For many, cannabis culture and consumption is nothing new, he said.

“We’ve all been doing this for 30, 40 years,” he said. “We’re going to do it anyway, we might as well embrace it in a legal environment where we can come together, have a good beer, have a good bowl and relax.”

Rupert plans to hold a private event beginning at 10 p.m. Saturday, Jan. 12. He said people can come to the brewery Saturday night to join. He plans for the club to be inclusive, allowing people to join as long as they don’t cause problems at the event space.