§ 152.042  PROHIBITION OF MARIHUANA ESTABLISHMENTS.
   (A)   The Michigan Regulation and Taxation of Marihuana Act, being 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 in all zoning districts.
   (B)   A marihuana establishment shall not be permitted as a home occupation within any zoning district in the township.
   (C)   A marihuana establishment shall be defined as any establishment as set forth in M.C.L.A. § 333.27953.
   (D)   Any marihuana establishment authorized and defined by the Act created or operating prior to the enactment of this section shall be prohibited and shall not be entitled to claim a legal nonconforming
status under any provision of the this Code of Ordinances.
   (E)   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.
   (F)   A person who violates this section shall be responsible for a municipal civil infraction and subject to penalties as set forth in § 150.70 of this Code of Ordinances.
(Ord. 2019-479, passed 5-9-2019)