Unless the context requires a different meaning, any term used in this chapter that is defined by the Michigan Medical Marihuana Act, the Medical Marihuana Facilities Licensing Act, or the Administrative Rules promulgated by the Michigan Department of Licensing and Regulatory Affairs addressing medical marihuana shall have the definition given in those Acts and Rules.
APPLICANT. A person who applies for a City-issued permit to operate a marihuana facility in accordance with the terms of this chapter and the City Zoning Ordinance. With respect to disclosures in an application and for purposes of ineligibility for a permit, the term APPLICANT includes a managerial employee of the applicant, any person who holds any direct or indirect ownership interest of more than 10% in the applicant, and the following for each type of applicant:
(1) For an individual or sole proprietorship: the proprietor and spouse.
(2) For a partnership and limited liability partnership: all partners and their spouses. For a limited partnership and limited liability limited 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. 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.
(3) 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.
(4) 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.
(5) 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.
(6) For a nonprofit corporation: all individuals and entities with membership or shareholder rights in accordance with the articles of incorporation or the bylaws and their spouses.
DEPARTMENT. The Michigan Department of Licensing and Regulatory Affairs, or its successor agency.
GROWER. A licensee that is a commercial entity that cultivates, dries, trims, or cures and packages marihuana for sale to a processor, provisioning center, or another grower.
INDUSTRIAL HEMP. That term defined in section 7106 of the Public Health Code, 1978 PA 368, MCL 333.7106.
INDUSTRIAL HEMP RESEARCH AND DEVELOPMENT ACT. Public Act 547 of 2014, as may be amended.
LICENSEE. A person holding a state operating license.
MARIHUANA. That term as defined in section 7106 of the Public Health Code, 1978 PA 368, MCL 333.7106.
MARIHUANA COMMERCIAL OPERATION. Any and all of the following marihuana facilities, whether operated for profit or not for profit:
(1) A grower;
(2) A processor;
(3) A secure transporter;
(4) A provisioning center;
(5) A safety compliance facility.
MARIHUANA FACILITY or FACILITY. A location at which a licensee is licensed to operate under the MMFLA and this chapter.
MARIHUANA PLANT. Any plant of the species Cannabis sativa L. but does not include industrial hemp.
MARIHUANA-INFUSED PRODUCT. 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.
MICHIGAN MEDICAL MARIHUANA ACT or MMMA. 2008 IL 1, MCL 333.26421 et seq., as may be amended.
MICHIGAN MEDICAL MARIHUANA FACILITIES LICENSING ACT or MMFLA. Public Act 281 of 2016, MCL 333.27101 et seq., as may be amended.
MUNICIPAL MARIHUANA OPERATING PERMIT, OPERATING PERMIT OR PERMIT. The permit issued pursuant to this chapter authorizing the operation of a medical marihuana facility in the City.
PERMITEE. A person who holds a permit issued by the City pursuant to this chapter.
PERSON. An individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity and includes persons defined as a TRUE PARTY OF INTEREST as that term is used at Section 404 of the MMFLA, MCL 333.27404 and persons defined as having a BENEFICIAL INTEREST as that term is used at Section 303(1)(g) of the MMFLA, MCL 333.27303(1)(g).
PROCESSOR. A licensee that is a commercial entity 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 or another processor. A processor is not prohibited from handling, processing, marketing or brokering industrial hemp pursuant to the Industrial Hemp Research and Development Act.
PROVISIONING CENTER. A licensee that is a commercial entity 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 and includes medical cannabis dispensaries. A noncommercial location used by a registered 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 Chapter.
REGISTERED PRIMARY CAREGIVER or CAREGIVER. A primary caregiver who has been issued a current registry identification card under the MMMA.
REGISTERED QUALIFYING PATIENT or PATIENT. A qualifying patient who has been issued a current registry identification card under the MMMA or a visiting qualifying patient as that term is defined in the MMMA.
RULES. The general administrative rules promulgated and from time to time amended by the Department to implement the MMFLA.
SAFETY COMPLIANCE FACILITY. A licensee that is a commercial entity that takes marihuana from a marihuana facility or receives marihuana from a registered primary caregiver, tests the marihuana for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility. A SAFETY COMPLIANCE FACILITY may take or receive industrial hemp for testing pursuant to the Industrial Hemp Research and Development Act.
SECURE TRANSPORTER. A licensee that is a commercial entity that stores marihuana and transports marihuana between marihuana facilities for a fee.
STATE OPERATING LICENSE OR, LICENSE. A license that is issued by the Department under the MMFLA that allows the licensee to operate a marihuana commercial operation, as specified in the license.
(Ord. 749-10-19, passed 10-7-19; Am. Ord. 786-03-22, passed 3-21-22)