833.02 DEFINITIONS.
   (a)   Words and phrases contained in the Medical Marihuana Facilities Licensing Act ("MMFLA"). This Chapter contains many words and phrases that are defined in the MMFLA. As used in this Chapter, they have the same meaning as provided in the MMFLA, except that if at any time the definition of a word or phrase set forth in this section conflicts with the definition in the MMFLA, then the definition in the MMFLA shall apply. The following words and phrases are, and mean, as follows:
      (1)   "Grower" means a licensee that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center.
      (2)   "Licensee" means a person holding a state operating license.
      (3)   "Marihuana" means that term as defined in section 7106 of the public health code, 1978 PA 368, M.C.L.A. 333.7106.
      (4)   "Marihuana facility" means a location at which a license holder is licensed to operate under the MMFLA.
      (5)   "Marihuana plant" means any plant of the species Cannabis sativa L.
      (6)   "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation. Marihuana-infused product shall not be considered a food for purposes of the food law, 2000 PA 92, M.C.L.A. 289.1101 to 289.8111.
      (7)   "Michigan medical marihuana act" means the Michigan medical marihuana act, M.C.L.A. 333.26421 to 333.26430.
      (8)   "Person" means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity.
      (9)   "Plant" means any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.
      (10)   "Processor" means a licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center.
      (11)   "Provisioning center" means a licensee that is a commercial entity located in this state that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the department's marihuana registration process in accordance with the Michigan Medical Marihuana Act is not a provisioning center for purposes of this act.
      (12)   "Rules" means rules promulgated under the administrative procedures act of 1969, 1969 PA 306, M.C.L.A. 24.201 to 24.328, by the department in consultation with the board to implement this act, which shall include but is not limited to Emergency Rules issued under the administrative procedures act.
      (13)   "Safety compliance facility" means a licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility.
      (14)   "Secure transporter" means a licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee.
      (15)   "State operating license" or, unless the context requires a different meaning, "license" means a license that is issued under this act that allows the licensee to operate as one of the following, specified in the license:
         (A)   A grower
         (B)   A processor.
         (C)   A secure transporter.
         (D)   A provisioning center.
         (E)   A safety compliance facility.
   (b)   Other words and phrases. The words and phrases in this Chapter, as used in this Chapter, shall have the following meanings:
      (1)   "Applicant" means a person as defined by M.C.L.A. 333.27102 (i.e., the Applicant/Licensee under the State License) who applies for a City MMF Permit.
      (2)   "Authorized person" means:
         (A)   An owner of a medical marihuana facility;
         (B)   The directors, officers, members, partners, and individuals of a medical marihuana facility that is a corporation, limited liability company, partnership, or sole partnership.
         (C)   Any person who is in charge of and on the premises of the medical marihuana facility during business hours.
      (3)   "Class A grower" means a grower of not more than 500 marihuana plants.
      (4)   "Class B grower" means a grower of not more than 1,000 marihuana plants.
      (5)   "Class C grower" means a grower of not more than 1,500 marihuana plants.
      (6)   “Competing MMF Permit Provisioning Center Applications” means two or more complete provisioning center license applications submitted for properties located less than 1,000 feet from each other when submitted during the same 24 hour period, defined as falling between 3:00 p.m. to 2:59 p.m. the following business day.
      (7)   "Conditional Approval MMF Permit" means 90-day authorization to the Applicant to apply for and seek site plan review approval, and building/trade permits. A Conditional Approval MMF Permit does not authorize use of a Facility.
      (8)   "Facility" means "marihuana facility" as defined in the MMFLA.
      (9)   "Licensee" means a person holding a City MMF Permit under this Chapter.
      (10)   "Marihuana" means "marihuana" as defined in the MMFLA.
      (11)   "Marihuana facility" means "marihuana facility" as defined in the MMFLA.
      (12)   "Medical Marihuana Facilities Licensing Act" and "MMFLA" mean Public Act 281 of 2016, M.C.L.A. 333.27101, et. seq.
      (13)   "MMF Permit" or, unless the context requires a different meaning, "permit" means a medical marihuana facilities permit that is issued under this Chapter that allows the permittee to operate as one of the following, specified in the MMF permit:
         (A)   A grower.
         (B)   A processor.
         (C)   A secure transporter.
         (D)   A provisioning center.
         (E)   A safety compliance facility.
      (14)   “MMF Permit On-site Operator” means a person who generally oversees, manages, and/or supervises operations of the MMF permit business and is generally on the site during the majority of each business day of the MMF permit business.
      (15)   “MMF Permit Provisioning Center Pick List” means a City-generated list of desired property and community attributes including but not limited to energy efficiency, aesthetic improvements, stormwater reduction, etc. for which applicants voluntarily select to incorporate into their MMF Permit provisioning center application when located in the C-2 to C-7 zoning districts.
      (16)   "Person" means the entities included in the definition of "person" in Section 202.03 of the City of Battle Creek Ordinances, in addition to the entities included in the definition of "person" in the MMFLA.
      (17)   "Sponsorship" means any marketing or advertising in association with a specific event, project, or program, including but not limited to where a person or entity pays for all or some of the associated costs.
(Ord. 02-2018. Passed 2-6-18; Ord. 14-2018. Passed 11-13-18.)