§ 153.122  MEDICAL MARIJUANA RELATED USES.
   (A)   Purpose and intent. As a result of the enactment of the state’s Medical Marijuana Act (hereinafter referred to as the “MMMA”), Initiated Law 1 of 2008, M.C.L.A. §§ 333.26423, et seq., and its administrative rules, R 333.101 et seq., the city intends to provide reasonable land use regulations associated with the medical use of marijuana in accordance with the MMMA to:
      (1)   Protect public, health, safety and welfare;
      (2)   Provide adequate separation of primary care giver facilities from schools, churches and any areas where children congregate including, but not limited to, day care facilities, public beaches and athletic fields;
      (3)   Mitigate negative impacts associated with medical marijuana use in residential areas; and
      (4)   Require adequate separation between primary care giver facilities to prevent clustering of grow operations in one area.
   (B)   Definitions. For the purpose of this section, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
      ENCLOSED, LOCKED FACILITY. That term as defined in § 3 of Initiated Law 1 of 2008, as amended (Michigan Medical Marijuana Act), being M.C.L.A. § 333.26423.
      MARIJUANA or MARIHUANA. That term as defined in § 7106 of Public Act 368 of 1978, as amended (Michigan Public Health Code), being M.C.L.A. § 333.7106.
      MEDICAL USE. That term as defined in § 3 of Initiated Law 1 of 2008, as amended (Michigan Medical Marijuana Act), being M.C.L.A. § 333.26423.
      PRIMARY CARE GIVER. That term as defined in § 3 of Initiated Law 1 of 2008, as amended (Michigan Medical Marijuana Act), being M.C.L.A. § 333.26423, who has registered with the Bureau of Health Professions, the state’s Department of Licensing and Regulatory Affairs or any successor agency under the state’s Medical Marijuana Act.
      PRIMARY CARE GIVER FACILITY. A structure in which the activities of a primary care giver are conducted.
      QUALIFYING PATIENT. That term as defined in § 3 of Initiated Law 1 of 2008, as amended (Michigan Medical Marijuana Act), being M.C.L.A. § 333.26423, who has registered with the Bureau of Health Professions, the state’s Department of Licensing and Regulatory Affairs or any successor agency under the state’s Medical Marijuana Act, and includes the parents or legal guardians of a qualifying patient under the age of 18 who are serving as the primary care giver as required by the state’s Medical Marijuana Act exclusively for that qualifying patient under the age of 18.
   (C)   Regulations for qualifying patients. The medical use of marijuana by a qualifying patient in that qualifying patient’s dwelling or an accessory structure is hereby recognized as an accessory use to the principal residential use of the property and can be established without a zoning permit in any zoning district, but shall be subject to the following regulations.
      (1)   The qualifying patient must be issued and at all times must maintain a valid registry identification card, or appropriate documentation, from the Bureau of Health Professions, the state’s Department of Licensing and Regulatory Affairs or any successor agency under the provisions of the MMMA.
      (2)   All marijuana plants or products must be contained within the dwelling or accessory structure in an enclosed, locked facility that permits access only by the qualifying patient.
      (3)   If a room with windows within the dwelling or accessory structure is utilized to grow marijuana for medical use, any artificial lighting shall be shielded to prevent glare, must not be visible from neighboring properties and must not be visible from adjacent streets or public ways.
   (D)   Regulations for primary care givers. The medical use of marijuana by a primary care giver is hereby authorized as a use by right within a dwelling or an accessory structure in the R1 and R2 Zoning Districts only; provided that, all of the following regulations are met.
      (1)   The primary care giver must be issued and at all times must maintain a valid registry identification card, or appropriate documentation, from the Bureau of Health Professions, the state’s Department of Licensing and Regulatory Affairs or any successor agency under the provisions of the MMMA.
      (2)   The primary caregiver must obtain a zoning permit under § 153.021 of this chapter.
      (3)   Except when being transported as provided in division (D)(9) below, all marijuana plants or products must be contained within the dwelling or accessory structure in an enclosed and locked facility where the marijuana plants and products are labeled for each qualifying patient and access is permitted only to the primary care giver.
      (4)   If a room with windows within the dwelling or accessory structure is utilized to grow marijuana for medical use, any artificial lighting shall be shielded to prevent glare, must not be visible from neighboring properties and must not be visible from adjacent streets or public ways.
      (5)   Except as provided herein, no more than one primary care giver shall be permitted to provide primary care giver services to qualifying patients within a single dwelling or accessory structure.
      (6)   Except for any qualifying patients who reside with the primary care giver at the dwelling, no more than five qualifying patients may be present at the same time at a dwelling or accessory structure in which a primary care giver of medical marijuana is providing primary care giver services to qualifying patients for any purpose directly related to primary care giver services. This division (D)(6), however, shall not be construed to prohibit the presence of qualifying patients at a dwelling or accessory structure in which a primary care giver of medical marijuana is providing primary care giver services for purposes unrelated to primary care giver services.
      (7)   Qualifying patient visits to a dwelling or accessory structure in which a primary care giver is providing primary care giver services to qualifying patients shall be restricted to between the hours of 7:00 a.m. and 10:00 p.m., except when the qualifying patient resides with the primary care giver at the dwelling and except when the qualifying patient visits are for purposes unrelated to primary care giver services.
      (8)   No qualifying patients under the age of 18 shall be permitted at any time at a dwelling or accessory structure in which a primary care giver is providing primary care giver services to qualifying patients, except in the presence of his or her parent or guardian, except when the qualifying patient resides with the primary care giver at the dwelling, and except when the qualifying patient visits are for purposes unrelated to primary care giver services.
      (9)    No marijuana for medical use shall be dispensed by the primary care giver to qualifying patients at the dwelling or accessory structure in which a primary care giver is providing primary care giver services to qualifying patients, except to a qualifying patient who resides with the primary care giver at the dwelling. Except as provided herein, the primary care giver shall deliver all marijuana for the medical use of such qualifying patient, and such delivery shall take place on private property away from public view. Any such delivery vehicle shall be unmarked. In addition, all marijuana for medical use delivered to a qualifying patient shall be packaged so the public cannot see or smell the marijuana.
      (10)   No marijuana for medical use shall be consumed, smoked or ingested by a qualifying patient by any method at a dwelling or accessory structure in which a primary care giver is providing primary care giver services to qualifying patients, except by a qualifying patient who resides with the primary care giver at the dwelling.
      (11)   A dwelling or an accessory structure in which a primary care giver is providing primary care giver services to qualifying patients shall display indoors and in a manner legible and visible to his or her qualifying patients:
         (a)   A notice that qualifying patients under the age of 18 are not allowed at the dwelling or accessory structure in which a primary care giver is providing primary care giver services to qualifying patients, except in the presence of his or her parent or guardian, except when the qualifying patient resides with the primary care giver at the dwelling, or except when the qualifying patient visits are for purposes unrelated to primary care giver services; and
         (b)   A notice that no dispensing or consumption of marijuana for medical use shall occur at the dwelling or accessory structure in which a primary care giver is providing primary care giver services to qualifying patients, except to or by a qualifying patient who resides with the primary care giver at the dwelling.
      (12)   A dwelling or an accessory structure in which a primary care giver is providing primary care giver services to qualifying patients shall not have any signage.
      (13)   (a)   No primary care giver facility shall be located in violation of any of the following spacing requirements:
            1.   One thousand feet from any public or private school;
            2.   Three hundred feet from any church or place of worship and its accessory structures;
            3.   Five hundred feet from the Charlevoix Public Library; and
            4.   Five hundred feet from the B.A.S.E.S Teen Center.
         (b)   The above spacing requirements shall be from lot line to lot line. The Medical Marijuana Reference Maps below illustrate the parcels where a primary care giver facility may be established. To the extent there is a conflict between the Medical Marijuana Reference Map and the application of the spacing requirements provided herein, the application of the spacing requirements shall control.
      (14)   The portion of the dwelling or accessory structure in which a primary care giver is providing primary care giver services to qualifying patients, including any room or area utilized to grow marijuana for medical use, shall contain electrical service and wiring, certified by an electrician licensed in the state, meeting the applicable requirements of the electrical code in effect in the county.
      (15)   All primary care givers must notify the Zoning Administrator on a yearly basis if the primary care giver facility is still in operation. Notification shall be in writing and shall be submitted no less than one month before and not after the month and day of the issuance of the original permit. (Example: If the original permit is issued on 2-10-2012, notification to the Zoning Administrator must be between 1-10-2013 and 2-10-2013.)
      (16)   Any primary care giver with a valid zoning permit who chooses to cease operations at any point in time shall notify the Zoning Administrator in writing within seven days. The Zoning Administrator shall have the right to inspect the facility for compliance.
   (E)   Medical marijuana reference maps.
 
 
(Prior Code, § 5.52)  (Ord. 795, passed 11-5-2018)