(A) The words, terms, and phrases as related to marihuana and cannabis, and marihuana and cannabis establishments, as used and identified in this subarticle shall be defined and have the meanings ascribed to them, as defined under the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, Medical Marihuana Facilities Licensing Act, PA 281 of 2016, and the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, unless the term is otherwise defined in this subarticle or the context requires a different meaning.
(B) The term CANNABIS shall have the same meaning as MARIHUANA as defined in the MRTMA, M.C.L. § 333.27953(e), MMFLA, and the MMMA. The term MARIHUANA and CANNABIS used herein are interchangeable, and the term CANNABIS shall be used.
APPLICANT. A person who applies for a municipal cannabis operator’s license under this subarticle.
CANNABIS ACCESSORIES. Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing cannabis into the human body.
CANNABIS REGULATORY AGENCY (CRA). The Cannabis Licensing Agency created within LARA to regulate and administer state licenses.
CHURCH or RELIGIOUS INSTITUTION. An entire space set apart primarily for purposes of public worship, and which is tax exempt under the laws of this state, and in which religious services are held, and the entire building structure of which is kept for that use and not put to any other use inconsistent with that use.
CLERK. The City Clerk of the City of Charlotte, Michigan.
CO-LOCATION. The aggregation of multiple types of licenses, additional licenses, or equivalent licenses permitted under the MRTMA and state rules and located on one, or more, lot of record owned by an existing MRTMA and/or MMFLA licensee, approved for operation in the city.
COMMERCIAL GREENHOUSE. A permanent structure that is constructed primarily of glass, glass-like or translucent material which is devoted to the protection or cultivation of plants, food or ornamental crops.
COMMON OWNERSHIP. Two or more state licenses or two or more equivalent licenses held by one person.
CULTIVATE or CULTIVATION. To propagate, breed, grow, harvest, dry, cure, or separate parts of the cannabis plant by manual or mechanical means.
DEPARTMENT. The Michigan Department of Licensing and Regulatory Affairs (LARA), including the Cannabis Regulatory Agency.
DESIGNATED CONSUMPTION ESTABLISHMENT. A commercial space that is licensed by the agency and authorized to permit adults 21 years of age and older to consume cannabis products at the location indicated on the state license.
EMPLOYEE. Any individual who is employed by an employer in return for the payment of direct or indirect monetary wages or profit, under contract, and any individual who volunteers his or her services to an employer for no monetary compensation, or any individual who performs work or renders services, for any period of time, at the direction of an owner, lessee, or other person in charge of a place. EMPLOYEE does not mean individuals providing trade services who are not normally engaged in the operation of a cannabis establishment.
ESTABLISHMENTS. ESTABLISHMENTS and FACILITIES are used interchangeably and refer to any cannabis related locations at which a licensee is licensed to operate under either MMFLA, MRTMA, or both.
INDUSTRIAL HEMP. As defined under MRTMA.
LICENSEE. A person holding a state operating license.
MARIHUANA. As defined under MRTMA.
MARIHUANA CONCENTRATE. The resin extracted from any part of the plant of the genus cannabis.
MARIHUANA [CANNABIS] ESTABLISHMENT. As defined under MRTMA.
MARIHUANA FACILITIES LICENSING ACT (MMFLA). Public Act 281 of 2016, M.C.L. §§ 333.27101 et seq., as may be amended.
MARIHUANA [CANNABIS] PROCESSOR. As defined under MRTMA.
MARIHUANA [CANNABIS] RETAIL ESTABLISHMENT. As defined under MRTMA.
MARIHUANA [CANNABIS]-INFUSED PRODUCT. A topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.
MICHIGAN MEDICAL MARIHUANA ACT (MMMA). Initiated Law 1 of 2008, M.C.L. §§ 333.26421 et seq., as may be amended.
MICHIGAN REGULATION AND TAXATION OF MARIHUANA ACT (MRTMA). Initiated Law 1 of 2018, M.C.L. §§ 333.27951 et seq., as may be amended.
MUNICIPAL [CANNABIS] MARIHUANA LICENSE or LICENSE. A required cannabis related municipal license issued pursuant to this subarticle that allows the licensee to operate within the city as one of the following, as specified in the license:
(a) Processor.
(b) Provisioning center.
(c) Retailer.
(d) Secure transporter.
(e) Safety compliance facility.
MUNICIPALITY. The City of Charlotte, Michigan.
PERSON. An individual, corporation, limited liability company, partnership of any type, trust, or other legal entity.
PLANT. That term as defined in § 102 of the MMFLA, M.C.L. § 333.27102.
PROPOSED MARIHUANA [CANNABIS] ESTABLISHMENT. A location at which an applicant plans to operate a marihuana establishment under the MRTMA and Department rules if the applicant is issued a state license.
RULES. Rules promulgated by the Department in consultation with the CRA to implement the MRTMA.
SECURITY PLAN. A plan for preventing unauthorized access to, or theft and pilferage from, a marihuana [cannabis] licensee establishment, approved for operation in the city. A SECURITY PLAN must be approved by the City Manager with the advice of the Chief of Police and City Attorney. The PLAN shall be subject to review and reasonable approval by city staff, but shall include, at a minimum, the following components:
(a) Perimeter fence as necessary.
(b) An exterior lighting system.
(c) A building security system.
(d) An on-site security guard program.
(e) An off-site official contact list.
(f) Established hours of operation.
(g) Appropriate signage.
(h) A plan for facility inspection by the city, which shall include no less than an annual comprehensive fire and security inspection.
(i) Such other conditions required by this subarticle, the MMFLA, MRTMA, LARA rules and regulations, city ordinance and resolution, city administration, Police and Fire Departments.
SAFETY COMPLIANCE ESTABLISHMENT. A person licensed to test cannabis, including certification for potency and the presence of contaminants.
SCHOOL. Any building, playing field, or property used for school purposes to impart instruction to children in grades kindergarten through 12, including an intermediate school district, when provided by a public, private, denominational, or parochial school, except those buildings used primarily for adult education or college extension courses.
SECURE TRANSPORTER. A person licensed to obtain cannabis from cannabis establishments in order to transport cannabis to cannabis establishments.
SPECIAL LICENSE. A state license for special events described under § 8 of the MRTMA and issued pursuant to § 9 of the MRTMA.
STACKED LICENSE. More than one state license issued to a single licensee to operate as a class C marihuana grower as specified in each state license at a marihuana establishment. (Commercial grow licenses are not permitted under this subarticle.)
STATE OPERATING LICENSE. A license issued by the Department that allows a person to operate a cannabis establishment.
TEMPORARY MARIHUANA [CANNABIS] EVENT LICENSE. A state license held by a cannabis event organizer for an event where the onsite sale or consumption of cannabis products, or both, are authorized at the location indicated on the state license during the dates indicated on the state license. (Not permitted under this subarticle.)
UNREASONABLY IMPRACTICABLE. The measures necessary to comply with the rules or
ordinances adopted pursuant to the Act subject licensees to unreasonable risk or require such a high investment of money, time, or any other resource or asset that a reasonably prudent businessperson would not operate the cannabis establishment.
ZONING ORDINANCE. The City of Charlotte zoning ordinance, as amended.
(Ord. 2023-06, passed 8-21-2023)