(A) Nothing in this subarticle, city ordinance or codes, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of cannabis not in strict compliance with federal law and applicable rules.
(B) Relationship to state law.
(1) Nothing in this subarticle is intended to grant immunity from criminal or civil prosecution, penalty or sanction for the cultivation, manufacture, possession, use, sale, distribution or transport of marihuana, cannabis, or hemp in any form, that is not in strict compliance with the Michigan Regulation and Taxation of Marihuana Act, the Michigan Medical Marihuana Act, the Medical Marihuana Facilities Licensing Act, the Marihuana Tracking Act, and all applicable rules promulgated by the State of Michigan regarding cannabis. Strict compliance with any applicable state law or regulation and this subarticle shall be a requirement for the issuance or renewal of any license issued under this subarticle. Noncompliance with any applicable state law or regulation or this subarticle shall be grounds for revocation or nonrenewal of any license issued under the terms of this subarticle.
(2) Except as otherwise provided by the MMFLA, MRTMA and this subarticle, a person who owns or leases real property upon which a cannabis facility or establishment is located and who has noknowledge that the licensee is violating or violated the MMFLA, MRTMA or a provision of this subarticle, is not subject to criminal or civil prosecution under any applicable city ordinance regulating cannabis.
(3) This subarticle does not apply to, or regulate, any patient or caregiver conduct protected by the Michigan Medical Marihuana Act, 2008 IL 1, M.C.L. §§ 333.26421 et seq. (MMMA), as amended.
(Ord. 2023-06, passed 8-21-2023)