A person within the city who has been issued and possesses a lawful registry identification card as a primary care giver as set forth in M.C.L.A. § 333.26421 shall comply with the following requirements.
(A) Manufacturing and storage of medical marijuana shall only be allowed inside of an enclosed, locked facility being a closet, room or other closed area equipped with locks or other security devices that permit access only by a registered primary care giver or registered qualifying patient. The facility shall be under the exclusive control, through written lease, contract or deed, in favor of the primary care giver or the qualifying patient with whom the primary care giver is associated through the Department of Public Health’s registration process.
(B) Manufacturing and storage of medical marijuana by a primary care giver shall occur in one enclosed, locked facility so that manufacturing and storage does not occur in multiple locations.
(C) Under no circumstances shall any third parties other than a qualified patient to whom a primary care giver is lawfully registered to assist have access to the location where medical marijuana is being manufactured and/or stored.
(D) The location from which a primary care giver distributes medical marijuana to a qualifying patient shall be under the exclusive control, through written lease, contract or deed in favor of the primary care giver.
(E) Except for manufacturing and storage of medical marijuana that occurs at property under the exclusive control, through written lease, contract or deed in favor of a qualifying patient, a primary care giver shall only manufacture, store and/or distribute medical marijuana at a location within an Industrial Zone as defined by the Zoning Ordinances of the city after first obtaining a special land use permit from the city.
(F) The location from which a primary care giver manufactures stores and distributes medical marijuana to a qualifying patient shall not be used by another primary care giver for any purpose whatsoever.
(G) Except for manufacturing, storage and distribution that occurs at the primary residence of a qualifying patient as set forth above, the location from which a primary care giver manufactures, stores and distributes medical marijuana to a qualifying patient shall be in accord with division (E) above and shall not be within 1,000 feet of a:
(1) Drug-free school zone;
(2) Church;
(3) Child care facility; or
(4) Residence or district zoned for residential use.
(H) Manufacturing, storage and distribution of medical marijuana shall not occur in connection with or at a location at which any other commodity, product or service is also available and shall only occur as otherwise in compliance with the Zoning Ordinance of the city.
(I) No consumption of medical marijuana shall occur at a primary care giver’s location for manufacturing, storage or distribution or a primary care giver’s legal residence address, unless the primary care giver is a qualifying patient and then the consumption shall only be by the qualifying patient/primary care giver.
(J) Distribution of medical marijuana by a primary care giver to a qualifying patient shall only occur at the location of manufacturing and storage of medical marijuana or at the residence of the qualifying patient.
(K) A primary care giver shall annually register with the City Police Department the location where the primary care giver shall engage in the manufacturing, storage and distribution of medical marijuana and the location shall be subject to an annual administrative inspection to ensure compliance with this section. All information obtained through the registration process that would be deemed confidential pursuant to the Michigan Medical Marijuana Act shall be confidential and shall not be subject to disclosure pursuant to the Freedom of Information Act.
(L) Should a primary care giver wish to dispose of any unused medical marijuana, any incidental amount of seeds, stalks and unusable roots, the material shall be removed by a commercial drug disposal carrier registered with the United States Drug Enforcement Administration and/or the state for proper disposal in a manner prescribed by law and regulation. Under no circumstance shall a primary care giver dispose of any unused medical marijuana, any incidental amount of seeds, stalks and unusable roots through a regular garbage receptacle or burning pit, barrel or container.
(Ord. 175, passed 5-9-2011)