(a) Words and phrases contained in the Michigan Regulation and Taxation of Marihuana Act ("MRTMA"). This Chapter contains many words and phrases that are defined in the MRTMA. As used in this Chapter, they have the same meaning as provided in the MRTMA, except that if at any time the definition of a word or phrase set forth in this section conflicts with the definition in the MRTMA, then the definition in the MRTMA shall apply. The following words and phrases are, and mean, as follows:
(1) "Department" means the department of licensing and regulatory affairs.
(2) "Licensee" means a person holding a state license.
(3) “Marihuana” means any of the following:
A. A plant of the genus Cannabis, whether growing or not.
B. A part of the plant of the genus Cannabis, whether growing or not.
C. The seeds of the plant of the genus Cannabis.
D. Marihuana concentrate.
E. A compound, manufacture, salt, derivative, mixture, extract, acid, isomer, salt of an isomer, or preparation of any of the following: A plant of the genus Cannabis; a part of a plant of the genus Cannabis; the seeds of a plant of the genus Cannabis; marihuana concentrate.
F. A marihuana-infused product.
G. A product with a THC concentration of more than 0.3% on a dry-weight or per volume basis in the form in which it is intended for sale to a consumer.
H. A product that is intended for human or animal consumption and that contains, in the form in which it is intended for sale to a consumer, a total amount of THC that is greater than the limit established by the marijuana regulatory agency under section 8(1)(n) of MRTMA.
(3a) Except for marihuana concentrate extracted from any of the following, “marihuana” does not include:
A. The mature stalks of a plant of the genus Cannabis; fiber produced from the mature stalks of a plant of the genus Cannabis; oil or cake made from the seeds of a plant of the genus Cannabis; any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks of a plant of the genus Cannabis;
B. Industrial hemp;
C. An ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products; or
D. A drug for which an application filed in accordance with 21 USC 355 is approved by the Food and Drug Administration.
(4) “Marihuana, Adult Use Establishment” or “Marihuana Establishment” means a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed to operate by the cannabis regulatory agency as authorized by the Michigan Regulation and Taxation of Marihuana Act (2018).
A. “Marihuana Grower” means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
B. “Marihuana Microbusiness” means a person licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are twenty-one years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.
C. "Marihuana Processor" means a person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.
D. "Marihuana Retailer" means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are twenty-one years of age or older.
E. "Marihuana Secure Transporter" means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
F. “Marihuana Safety Compliance Facility” means a person licensed to test marihuana, including certification for potency and the presence of contaminants.
(5) "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.
(6) “Marijuana Regulatory Agency,” “Cannabis Regulatory Agency,” or “Agency” means the marijuana regulatory agency created under Executive Reorganization Order No. 2019-2, MCL 333.27001, renamed as the Cannabis Regulatory Agency pursuant to Executive Reorganization Order (ERO) 2022-1.
(7) “Person” means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity.
(8) “Plant” means any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.
(9) “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 Agency to implement this act, which shall include, but is not limited to, the Rules issued by the Agency under the authority conferred on the executive director of the Agency by section 206 of the MMFLA, 2016 PA 281, MCL 333.27206, sections 7 and 8 of the MRTMA, 2018 IL 1, MCL 333.27957 and 333.27958, and Executive Reorganization Order No. 2019-2, MCL 333.27001..
(10) "Special Licenses" mean additional types or classes of state licenses to operate marihuana-related businesses as described under section 8 of the Act, including but not limited to:
A. Designated consumption establishment licenses;
B. Excess marihuana grower licenses;
C. Marihuana event organizer licenses; and
D. Temporary marihuana event licenses.
(11) "State license" or, unless the context requires a different meaning, "license" means a license that is issued by the department under this act that allows the licensee to operate a marihuana establishment.
(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 who applies for a state operating license: For purposes of this definition, for purposes of ineligibility for a license under Sec. 402 of the Act, or for purposes of prior Marihuana Regulatory Agency approval of a transfer of interest under section 406 of the Act, an applicant includes a managerial employee of the applicant, a person holding a direct or indirect ownership interest of more than 10% in the applicant, and the following for each type of applicant:
A. For an individual or sole proprietorship: the proprietor and the proprietor’s spouse.
B. For a partnership and limited liability partnership: all partners and their spouses.
C. For a limited partnership and limited liability partnership: all general and limited partners, not including a limited partner holding a direct or indirect ownership interest of 10% or less and who does not exercise control over or participate in the management of the partnership, and their spouses.
D. For a limited liability company: all members and managers, not including a member holding a direct or indirect ownership interest of 10% or less and who does not exercise control over or participate in the management of the company, and their spouses.
E. For a privately held corporation: all corporate officers or persons with equivalent titles and their spouses, all directors and their spouses, and all stockholders, not including those holding a direct or indirect ownership interest of 10% or less, and their spouses.
F. For a publicly held corporation: all corporate officers or persons with equivalent titles and their spouses, all directors and their spouses, and all stockholders, not including those holding a direct or indirect ownership interest of 10% or less, and their spouses.
G. For a multilevel ownership enterprise: any entity or person that receives or has the right to receive more than 10% of the gross or net profit from the enterprise during any full or partial calendar or fiscal year.
H. For a nonprofit corporation: all individuals and entities with membership or shareholder rights in accordance with the articles of incorporation or the bylaws and the spouses of the individuals.
(2) "AUME Permit" or, unless the context requires a different meaning, "permit" means a marihuana adult use establishment permit that is issued under this chapter that allows the permittee to operate as one of the following, specified in the AUME permit:
A. A marihuana grower.
B. A marihuana processor.
C. A marihuana secure transporter.
D. A marihuana retailer.
E. A marihuana safety compliance marihuana establishment.
F. A marihuana microbusiness.
(3) "AUME Permit On-site Operator" means a person who generally oversees, manages, and/or supervises operations of the AUME permit business and is generally on the site during the majority of each business day of the AUME permit business.
(4) "AUME Permit Retailer and/or Microbusiness 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 AUME permit retailer and/or microbusiness application when located in the C-2 to C-7 zoning districts.
(5) "Authorized person" means:
A. An owner of a marihuana establishment;
B. The directors, officers, members, partners, and individuals of a marihuana establishment 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 marihuana establishment during business hours.
(6) "Class A grower" means a grower of not more than 100 marihuana plants.
(7) "Class B grower" means a grower of not more than 500 marihuana plants.
(8) "Class C grower" means a grower of not more than 2,000 marihuana plants.
(9) "Competing AUME Retailer and/or Microbusiness Permit Applications" means two or more complete marihuana retailer and/or marihuana microbusiness AUME permit applications submitted for properties located less than 1,000 feet from each other when submitted during the same twenty-four-hour period, defined as falling between 3:00 p.m. to 2:59 p.m. the following business day.
(10) "Conditional Approval AUME Permit" means 90-day authorization to the applicant to apply for and seek site plan review approval, and building/trade permits. A conditional approval AUME permit does not authorize use of an adult use marihuana establishment.
(11) "Licensee" means a person holding a City AUME permit under this chapter.
(12) "Michigan Regulation and Taxation of Marihuana Act" and "MRTMA" mean Initiated Act 1 of 2018, M.C.L. 333.27951, et. seq.
(13) "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 MRTMA.
(14) "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. 14-2019. Passed 10-15-19; Ord. 11-2022. Passed 11-1-22.)