(a) The purpose of this chapter is to implement the provisions of Public Act 281 of 2016, being the Michigan Medical Marihuana Facilities Licensing Act, so as to protect the public health, safety, and welfare of the residents and patients of the City by setting forth the manner in which medical marihuana facilities can be operated in the City. Specifically, the purpose of this chapter is to:
(1) Provide for a means for the distribution of marihuana to patients who qualify to obtain, possess, and use marihuana for medical purposes under the Michigan Medical Marihuana Act, (MCLS 333.26421 et seq.), the Medical Marihuana Facilities Licensing Act (MCL S 333.27101 et seq.) and the Marihuana Tracking Act (MCL S 333.27901 et seq.);
(2) Authorize the establishment of medical marihuana facilities and provide standards and procedures for the review, issuance, renewal and revocation of City-issued permits;
(3) Coordinate the City's ordinance and procedures with laws and regulations that are and may be enacted by the State of Michigan pertaining to medical marihuana;
(4) Protect public health and safety through reasonable limitations on marihuana facility operations as they relate to noise, air and water quality, neighborhood and patient safety, security for the facility and its personnel, and other health and safety concerns;
(5) Protect the character of residential neighborhoods by limiting the location and the concentration of types of marihuana commercial entities to specific areas of the City; and
(6) Impose fees to defray the cost to the City of the administrative and enforcement costs associated with medical marihuana facilities.
(b) Nothing in this chapter is intended to grant immunity from any criminal prosecution under federal law. Nothing in this chapter is intended to promote or condone the production, distribution, or possession of marihuana in violation of any applicable law and nothing in this chapter 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 in any form, that is not in strict compliance with all applicable laws and rules promulgated by the State of Michigan and the City of Davison regarding medical marihuana. Nothing in this chapter is intended to provide any approvals, permits or licenses for any other type of facility, except for a medical marihuana facility. Specifically, this chapter does not provide any rights or privileges with regard to marihuana under the Michigan Regulation and Taxation of Marihuana Act, MCL § 333.27951 et seq.
(c) By accepting a permit issued pursuant to this chapter, the holder waives and releases the City, its officers and employees from any liability for injuries, damages or liabilities of any kind that result from the arrest or prosecution of medical marihuana facility owners, operators, employees, clients or customers for a violation of state or federal laws, rules or regulations. Further, the holder agrees to indemnify, defend and hold harmless the City, its officers, elected officials, employees and insurers against all liability, claims or demands, including, but not limited to, arising as a result of any claim of diminution of property value by a property owner whose property is located in proximity to a permitted marihuana facility, arising out of, claimed to have arisen out of or in any manner connected with the operation of a medical marihuana facility.
(Ord. 2020-06. Passed 7-13-20.)