(A) Prohibition of establishments.
(1) The Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq. (the "Act") was passed by Michigan voters on November 6, 2018. Pursuant to M.C.L.A. § 333.27956.1, the establishment or operation of any and all marihuana establishments are prohibited within the Charter Township of Clayton.
(2) A marihuana establishment shall be defined as any establishment as set forth in M.C.L.A. § 333.27953.
(3) Any application for a state or local license to establish or operate a marihuana establishment, as defined by the Act, within the township shall be deemed a violation of this section.
(4) The prohibition against the establishment or operation of marihuana establishments in the township shall not interfere with the rights of a person to lawfully possess, transport, or consume marihuana as set forth in the provisions of the Act or any Michigan statute providing for or regulating marihuana for medical use.
(5) A person who violates this section shall be responsible for a municipal civil infraction and subject to penalties as set forth in § 150.70.
(B) Prohibition on the consumption of marihuana in public places.
(1) Pursuant to M.C.L.A. § 333.27954.l(e) , the consumption of marihuana in any form in any public places within the township shall be prohibited.
(2) The prohibition against the consumption of marihuana in public places within the township shall not interfere with the rights of a person to lawfully possess, transport, or consume marihuana on private property to the extent authorized by a person who owns, occupies, or operates private property as set forth in the provisions of the Act or any Michigan statute providing for or regulating marihuana for medical use.
(3) A person who violates this section shall be responsible for a municipal civil infraction and subject to penalties as set forth in § 150.70.
(C) Prohibition on the sale of marihuana in public places.
(1) Pursuant to M.C.L.A. § 333.27956.2(b), the sale of marihuana in any form in any public places within the township shall be prohibited.
(2) The prohibition against the sale of marihuana in public places within the township shall not interfere with the rights of a person to lawfully possess, transport, or consume marihuana on private property to the extent authorized by a person who owns, occupies, or operates private property as set forth in the provisions of the Act or any Michigan statute providing for or regulating marihuana for medical use.
(3) A person who violates this section shall be responsible for a municipal civil infraction and subject to penalties as set forth in § 150.70.
(D) Prohibition on the sale or display of marihuana accessories in public places.
(1) Pursuant to M.C.L.A. § 333.27956.2(b), the sale or display of marihuana accessories in any public places within the township shall be prohibited.
(2) The prohibition against the sale or display of marihuana accessories in public places within the township shall not interfere with the rights of a person to lawfully possess, transport, or consume marihuana on private property to the extent authorized by a person who owns, occupies, or operates private property as set forth in the provisions of the Act or any Michigan statute providing for or regulating marihuana for medical use.
(3) A person who violates this section shall be responsible for a municipal civil infraction and subject to penalties as set forth in § 150.70.
(Ord. 2019-478, passed 2-14-2019)