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(A) In addition to the possible denial, suspension, revocation or nonrenewal of a license under the provisions of this subarticle, any person or cannabis operation, including, but not limited to, any licensee, manager or employee of a cannabis commercial entity, who violates any of the provisions of this subarticle, shall be responsible for a municipal civil infraction and a fine of $500, or as permitted by law, as established by resolution.
(B) In addition, any person, including any person, customer or member of the public, who violates the provisions of section 4 of the MRTMA, M.C.L. § 333.27954, and who acts in a manner contrary to the acts prohibited therein, except as may be otherwise provided in M.C.L. § 333.27965, shall be guilty of a misdemeanor.
(C) Notwithstanding the above, to the extent any violation or penalty set forth herein may be deemed inconsistent with any state law, or inconsistent with any rule or penalty which is promulgated by the Department, now or hereafter, including but not limited to those promulgated pursuant to M.C.L. § 333.27958, then the state law or Department rule or penalty shall govern over the provisions of this subarticle, as determined by state preemption.
(D) A violation of this subarticle is deemed to be a nuisance, per se. In addition to any remedies available at law, the city may bring an action for an injunction or other process against any person to restrain, prevent or abate any violation of this subarticle and such other relief as may be provided by law.
(E) Each day on which any violation of this subarticle occurs or continues constitutes a separate offense, subject to separate sanctions. The paying of a fine or sanctions under this subarticle shall not exempt the offender from meeting the requirements of this subarticle.
(F) This subarticle shall be administered and enforced by the city or by such other person(s) as designated by the city.
(Ord. 2023-06, passed 8-21-2023)
(A) Notwithstanding any provision herein, to the extent it may be determined that any provision in this subarticle is in conflict with either the MRTMA, the MMFLA, the MMMA, or the rules and regulations of LARA, or other provisions of law, then such provision of this subarticle as is in conflict shall be subject to and preempted by the rule or provision of law of this state.
(B) Consistent with the provisions of the MRTMA, the MMFLA, and the MMMA, nothing herein shall prevent any employer from disciplining any employee for violation of a workplace drug policy or for working while under the influence of cannabis, nor does anything in this subarticle prevent an employer from developing workplace policies, or from refusing to hire a person because of that person’s violation of a workplace drug policy.
(C) Consistent with the MRTMA and the MMMA, nothing in this subarticle prevents a landlord from prohibiting or otherwise regulating the consumption, cultivation, distribution, processing, sale or display of cannabis and cannabis accessories on leased property except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marihuana by means other than smoking as set forth in the MRTMA, the MMMA, and the LARA rules.
(Ord. 2023-06, passed 8-21-2023)