(a) The medical use of marihuana as defined by the Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq., as amended, is permitted according to all requirements of the MMMA and any rules promulgated by the Department of Licensing and Regulatory Affairs of the State of Michigan.
(b) The following shall apply to the medical use of marihuana as permitted and regulated by the MMMA:
(1) A qualifying patient who has been issued and possesses a registry identification card is not subject to arrest or penalty in any manner, provided that the qualifying patient possesses an amount of marihuana that does not exceed a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents in the form of marihuana-infused products. In addition, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, the qualifying patient may possess 12 marihuana plants, and any incidental amount of seeds, stalks, and unusable roots, kept in an enclosed, locked facility, as defined herein.
(2) A primary caregiver who has been issued and possesses a registry identification card is not subject to arrest or penalty in any manner for assisting a qualifying patient to whom he or she is connected through the department's registration process with the medical use of marihuana in accordance with the MMMA. The privilege from arrest applies only if the primary caregiver presents both his or her registry identification card and a valid driver’s license or government-issued identification card that bears a photographic image of the primary caregiver. In addition, the privilege from arrest applies only if the primary caregiver possesses marihuana in forms and amounts that do not exceed any of the following:
A. For each qualifying patient to whom he or she is connected through the department's registration process, a combined total of 2.5 ounces of usable marihuana and usable marihuana equivalents.
B. For each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marihuana for the qualifying patient, 12 marihuana plants kept in an enclosed, locked facility as defined herein, and any incidental amount of seeds, stalks, and unusable roots.
(c) The use of marihuana, as defined by the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq. (MRTMA), as amended is permitted in accordance with all requirements of the MRTMA and any rules promulgated by the Department of Licensing and Regulatory Affairs of the State of Michigan.
(d) The following shall apply to the use of marihuana as permitted and regulated by the MRTMA:
(1) No person under the age of 21 shall possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana.
(2) No person shall operate, navigate, or be in control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana or while consuming marihuana; and no passenger in any area of a vehicle upon a public way or public road shall smoke marihuana while a passenger in a vehicle.
(3) No person shall consume marihuana in a public place or smoke marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this Section 1286.10(d)(3) a public place does not include an area designated for consumption when such consumption is authorized by a license issued under the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age. Additionally, no consumption of marihuana in a public place shall be permitted unless a Special Permit is issued according to the regulations of Section 606.01(c) of the City Code.
(4) No person shall cultivate marihuana plants if the marihuana plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other security devices that restrict access to the area.
(5) No person shall possess marihuana accessories, or possess or consume marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, or where students of any age attend an educational facility for non-traditional or special needs learners, in a school bus, or on the grounds of any correctional facility.
(6) No person shall possess more than 2.5 ounces of marihuana within a person’s place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.
(7) The requirements herein shall not limit the rights of persons as provided by the Michigan Medical Marihuana Act, 2008 IL 1, M.C.L.A. §§ 333.26421 et seq. as amended, or the Medical Marihuana Facilities Licensing Act, 2016 PA 281, M.C.L.A. §§ 333.27201 et seq., as amended.
(8) A person may prohibit or otherwise regulate the consumption, cultivation, distribution, processing, sale, or display of marihuana and marihuana accessories on property the person owns, occupies, or manages, except that a lease agreement may not prohibit a tenant from lawfully possessing and consuming marihuana by means other than smoking.
(9) A person age 21 years or older may possess, use, consume, purchase, transport or process 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate. In addition, a person age 21 years or older may give away or otherwise transfer without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.
(10) Within a person’s residence, a person may possess, store, and process not more than 10 ounces of marihuana, including any marihuana produced by marihuana plants cultivated on the premises, and may cultivate not more than that 12 marihuana plants on the premises at once for personal use.
(Ord. 481. Passed 12-7-10; Ord. 515. Passed 10-7-14; Ord. 539. Passed 3-5-19; Ord. 549. Passed 1-2-21; Ord. 566. Passed 9-6-22.)