(A) Any term defined by the Michigan Medical Marihuana Act, M.C.L.A § 333.26421 et seq., as amended (“MMMA”), the Medical Marihuana Facilities Licensing Act, M.C.L.A. § 333.2701, et seq. (“MMFLA”), shall have the definition given in those acts, as amended, and the Marihuana Tracking Act (“MTA”), M.C.L.A. § 333.27901, et seq, if the definition of a word or phrase set forth in this chapter conflicts with the definition in the MMMA or MMFLA, or if a term is not defined but is defined in the MMMA or MMFLA, then the definition in the MMMA, MMFLA, or MTA shall apply.
(B) Any term defined by 21 U.S.C. § 860(e) referenced in this chapter shall have the definition given by 21 U.S.C. § 860(e).
(C) This chapter shall not limit an individual’s or entity’s rights under the MMMA, MTA, and the MMFLA supersede this chapter where there is a conflict between them.
(D) All activities related to medical marihuana, including those related to a medical marihuana provisioning center, a medical marihuana grower facility, a medical marihuana secure transporter, a medical marihuana processor or a medical marihuana safety compliance facility shall be in compliance with the rules of the (Michigan) Medical Marihuana Licensing Board, the Michigan Department of Licensing and Regulatory Affairs, or any successor agency, the rules and regulations of the village, the MMMA, and the MMFLA.
(E) Any use which purports to have engaged in the cultivation or processing of medical marihuana into a usable form, or the distribution of medical marihuana, or the testing of medical marihuana either prior to or after enactment of this chapter without obtaining the required licensing set forth in this chapter, shall be deemed not a legally established use and therefore not entitled to legal nonconforming status under the provisions of this chapter or state law. The village finds and determines that it has not heretofore authorized or licensed the existence of any medical marihuana establishment, as defined herein, in the village.
(F) The following words and phrases shall have the following definitions when used in this chapter:
APPLICATION FOR A LICENSE RENEWAL. An application for a license renewal pursuant to the terms and conditions of § 116.08.
BUILDING. An independent, enclosed structure having a roof supported by columns or walls, intended and/or used for shelter or enclosure of persons or chattels. When any portion of a structure is completely separated from every other part by dividing walls from the ground up, and without openings, each portion of such structure shall be deemed a separate structure, regardless of whether the portions of such structure share common pipes, ducts, boilers, tanks, furnaces, or other such systems. This definition refers only to permanent structures, and does not include tents, sheds, greenhouses and private garages on residential property, stables, or other accessory structures. A BUILDING does not include such structures with interior areas not normally accessible for human use, such as gasholders, tanks, smoke stacks, grain elevators, coalbunkers, oil-cracking towers or similar structures.
CHURCH. An entire building set apart primarily for purposes of public worship which is tax exempt under the laws of this state, and in which religious services are held, and the entire building structure of which is kept for that use and not put to any other use inconsistent with that use.
COUNCIL or VILLAGE COUNCIL. The Village Council of Eau Claire, Michigan.
CULTIVATION or CULTIVATE. All phases of growth of marihuana from seed to harvest.
DISQUALIFYING FELONY. A felony that makes an individual ineligible to serve as a registered primary caregiver under the MMMA or MMFLA.
EMPLOYEE. Any individual who is employed by an employer in return for the payment of direct or indirect monetary wages or profit, under contract, and any individual who volunteers his or her services to an employer for no monetary compensation, or any individual who performs work or renders services, for any period of time, at the direction of an owner, lessee, of other person in charge of a place.
LICENSE or MEDICAL MARIHUANA BUSINESS LICENSE. A license issued for the operation of a medical marihuana establishment pursuant to the terms and conditions of this chapter and includes a license that has been renewed pursuant to § 116.08.
LICENSEE. A person issued a license for an establishment pursuant to this chapter.
MARIHUANA-INFUSED PRODUCT. As defined in the MMMA and the MMFLA.
MARIHUANA TRACKING ACT or MTA. Public Act 282 of 2016.
MEDICAL MARIHUANA. Any marihuana intended for medical use that meets all requirements for medical marihuana contained in the MMMA and the MMFLA.
MEDICAL MARIHUANA ESTABLISHMENT(S) or ESTABLISHMENT. Any facility, establishment and/or center that is required to be licensed under this chapter, including: a medical marihuana provisioning center, a medical marihuana grower facility; a medical marihuana processor facility; a medical marihuana secure transporter; and a medical marihuana safety compliance facility.
MEDICAL MARIHUANA FACILITIES LICENSING ACT or MMFLA. Public Act 281 of 2016, M.C.L.A. § 333.27101, et. seq.
MEDICAL MARIHUANA GROWER FACILITY. A commercial entity located in the village that is licensed to operate by the state pursuant to the MMFLA and is licensed by the village pursuant to this chapter that cultivates, dries, trims or cures and packages marihuana in accordance with state law.
MEDICAL MARIHUANA LICENSING BOARD. That certain board established by the MMFLA.
MEDICAL MARIHUANA PROVISIONING CENTER. A commercial entity located in the village that is licensed to operate by the state pursuant to the MMFLA and is licensed by the village pursuant to this chapter that sells, supplies, or provides marihuana to registered qualifying patients only as permitted by state law. Medical marihuana provisioning center, as defined in the MMFLA, includes any commercial property where marihuana is sold in conformance with state law and regulation. A noncommercial location used by a primary caregiver to assist a qualifying patient, as defined in the MMMA, and connected to the caregiver through the department’s marihuana registration process in accordance with the MMMA, is not a medical marihuana provisioning center.
MMMA. The Michigan Medical Marihuana Act, as amended, at M.C.L.A. § 333.26421.
PARK. An area of land designated by the village as a park on its master plan or on a Council-approved list of village parks.
PERSON. An individual, partnership, firm, company, corporation, association, sole proprietorship, limited liability company, joint venture, estate, trust, or other legal entity.
PROCESSOR or MEDICAL MARIHUANA PROCESSOR FACILITY. A commercial entity located in the village that is licensed to operate by the state pursuant to the MMFLA and is licensed by the village pursuant to this chapter that extracts resin from the marihuana or creates a marihuana-infused product, to the extent permitted by state law.
SAFETY COMPLIANCE FACILITY or MEDICAL MARIHUANA SAFETY COMPLIANCE FACILITY. A commercial entity that is licensed to operate by the state pursuant to the MMFLA and is licensed by the village pursuant to this chapter, that receives marihuana from a medical marihuana establishment or a registered qualifying patient or a registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids in accordance with state law.
SCHOOL. Includes buildings used for school purposes to provide instruction to children and youth in grades pre-kindergarten through 12, and Headstart, when that instruction is provided by a public, private, denominational, or parochial school.
SECURE TRANSPORTER or MEDICAL MARIHUANA SECURE TRANSPORTER. A commercial entity that is licensed to operate by the state pursuant to the MMFLA and is licensed to operate by the village pursuant to this chapter, that is a commercial entity located in the village that stores marihuana and transports marihuana between medical marihuana facilities for a fee and in accordance with state law.
STAKEHOLDER. With respect to a trust, the beneficiaries, with respect to a limited liability company, the managers or members, with respect to a corporation, whether profit or non-profit, the officers, directors, or shareholders, and with respect to a partnership or limited liability partnership, the partners, both general and limited.
STATE. The state of Michigan.
VILLAGE. The Village of Eau Claire, Michigan.
(G) Any term defined by the MMMA, the MMFLA, or the MTA and not defined in this chapter, shall have the definition provided in those acts.
(Ord. 2017-5, passed 8-21-2017; Ord. 2019-1, passed 8-19-2019)