(A) Medical marijuana compensation restrictions. No person shall receive or share in compensation for the costs associated with assisting a qualifying patient with the medical use of marijuana to a qualifying patient except for a registered caregiver who is distributing marijuana to a qualifying patient that the registered caregiver is connected to through the state Department of Community Health's registration process, and the transaction is otherwise in compliance with the state Medical Marijuana Act. No qualifying patient shall receive compensation for costs associated with assisting other qualifying patients with the medical use of marijuana unless the qualifying patient providing the assistance is a registered primary caregiver connected to the qualifying patient receiving the marijuana through the state Department of Community Health's registration process, and the transaction is otherwise in accordance with the state Medical Marijuana Act.
(B) Medical marijuana possession limits.
(1) No primary caregiver or qualifying patient shall possess marijuana or marijuana plants in excess of the amount he or she is allowed to possess under M.C.L.A. 333.26424(b). No more than five patients shall be connected to or served by a single caregiver.
(2) The possession limits for a registered caregiver under the state Medical Marijuana Act are as follows:
(a) 2.5 ounces of usable marijuana for each qualifying patient that is connected to the caregiver.
(b) 12 marijuana plants kept in an enclosed, locked facility, for each registered qualifying patient who has specified that the qualified caregiver will be allowed to cultivate marijuana for the qualifying patient.
(c) Any incidental amount of seeds, stalks, and usable roots.
(3) The possession limits for a qualifying patient under the state Medical Marijuana Act are as follows:
(1) 2.5 ounces of usable marijuana.
(2) 12 marijuana plants kept in an enclosed, locked facility, provided that the qualifying patient has not specified that a primary caregiver will be allowed to cultivate marijuana for the qualifying patient.
(3) Any incidental amount of seeds, stalks, and unusable roots shall also be allowed under state law and shall not be included in this amount.
(C) Entity restrictions. The following entities are expressly prohibited from receiving compensation for costs associated with assisting a registered qualifying patient in the medical use of marijuana: corporations, limited liability companies, and partnerships, or any other entity other than an individual registered caregiver.
(D) Common facilities restrictions. It shall be a violation of this chapter for any person to participate as a registered primary caregiver in a jointly operated facility where primary caregivers jointly share building space which is used in common to assist more than five qualifying patients with the medical use of marijuana. Use “in common,” as that phrase is used in this subdivision, shall include a shared or common reception area or shared or common customer service area.
(E) Restrictions against delegation of caregiver functions. It shall be a violation of this chapter for a primary caregiver to delegate to an employee or other person not independently and specifically authorized by the state Medical Marijuana Act to provide assistance with the medical use of marijuana to the specific qualifying patient.
(F) Continued illegality of non-medical marijuana. The sale, distribution, cultivation, possession, and use of marijuana or marijuana plants is prohibited to the extent it is in violation of the state Medical Marijuana Act or other state statutes.
(G) No medical marijuana caregiver or patient shall:
(1) Undertake any task under the influence of marijuana, when doing so would constitute negligence or professional malpractice.
(2) Possess or engage in the use of medical marijuana:
(a) In a school bus;
(b) On the grounds of any preschool or primary or secondary school;
(3) Smoke marijuana in any public place.
(4) Operate or be in actual physical control of any motor vehicle while under the influence of marijuana.
(Ord. 22, passed 10-19-2010) Penalty, see § 130.99