It is the intent of this section to regulate any medical marijuana dispensary, medical marijuana club, compassion club, and medical marijuana growing facility by the following requirements.
(A) Operation limitation.
(1) A medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility shall only operate between 8:00 a.m. and 8:00 p.m. Monday through Saturday and 12:00 p.m. and 6:00 p.m. Sunday.
(2) Medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility shall comply at all times with each and every provision of the Michigan Marijuana Act of 2008 (M.C.L.A. §§ 333.26421 et seq.).
(3) Marijuana or cannabis shall only be grown, manufactured, harvested, or used inside a fully enclosed structure or building that is kept secured with locks to prevent unintended or uninvited access.
(4) Persons under the age of 18 years of age are not permitted to be on the premises of any medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility unless they possess a valid medical marijuana registry card issued by the State of Michigan or other state.
(5) All employees of a medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility shall have a valid primary caregiver’s card or valid qualifying patient card issued by the State of Michigan.
(6) A facility that is limited to selling or dispensing medical marijuana shall maintain detailed records regarding the growing facility from which it receives its stock of medical marijuana and illustrating lawful connection between the source product grower and the dispensary’s primary caregivers.
(7) The owner of a medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility who violates these sections shall be liable for all costs associated with the investigation, prosecution, and enforcement of the violation.
(B) Site plan requirements. Any medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility shall submit a site plan for review to the Charter Township of Clayton as set forth in and showing §§ 152.131 through 152.134 and showing compliance with required location limitations as set forth in §§ 152.131(C)(18) and (C)(19), and 152.114(C)(17), (C)(18), and (C)(19) as they apply, and which shall include the following:
(1) Security system details which shall include, at the minimum, audible and silent alarms and video surveillance cameras;
(2) Details regarding the building electrical system, power demands of specialized lighting and other necessary equipment, and method proposed to prevent excessive heat build-up and risk of fire within the building;
(3) Ventilation equipment details, including fresh air intake and filtration of exhaust air to prevent offensive odors from leaving the site;
(4) Proposed methods for controlling insects within the building and preventing insects from becoming a nuisance or health hazard off the site; and
(5) A description of the operation of the dispensary, growing facility, or club in sufficient detail to permit the Charter Township of Clayton to determine if the operation, as described would be lawful and fully compliant with the Michigan Medical Marijuana Act of 2008 (M.C.L.A. §§ 333.26421 et seq.).
(C) Periodic inspections and fees.
(1) An application and review fee, as established and from time to time amended by resolution of the Charter Township of Clayton Board of Trustees, shall accompany each application for approval of a medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility.
(2) Any approved medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility shall submit annual permit renewal in amounts set by the Charter Township of Clayton Board of Trustees and from time to time amended by resolution.
(3) Any approved medical marijuana dispensary, medical marijuana club, compassion club, or medical marijuana growing facility shall submit an annual permit authorizing the Charter Township of Clayton zoning and building inspection and/or law enforcement personnel to make unannounced, periodic inspections for purposes of verifying compliance with all requirements of the Michigan Medical Marijuana Act of 2008 (M.C.L.A. §§ 333.26421 et seq.), this section, and any reasonable conditions placed upon the special land use permit by the Charter Township of Clayton Board of Trustees.
(Ord. 439, passed 11-10-2011)