1289.03 DEFINITIONS.
   For the purposes of this chapter, the following definitions shall apply except where the context clearly indicates or requires a different meaning:
   (a)   Any term defined by the Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq., as amended (MMMA), shall have the definition given in the Michigan Medical Marihuana Act.
   (b)   Any term defined by the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, M.C.L.A. §§ 333.27101 et seq., as amended (MMFLA), shall have the definition given in the Medical Marihuana Facilities Licensing Act.
   (c)   Any term defined by the Marihuana Tracking Act, PA 282 of 2016, M.C.L.A. §§ 333.27901 et seq., as amended (MTA) shall have the definition given in the Marihuana Tracking Act.
   (d)   "Grower" means a licensee that is a commercial entity located in this state that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center.
   (e)   "Licensee" means a person holding a state operating license issued under the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.27101 et seq.
   (f)   "Marijuana" or "marihuana" means that term as defined in section 7106 of the Public Health Code, 1978 PA 368, M.C.L.A. § 333.7106; the Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.27101 et seq.; and the Marihuana Tracking Act, M.C.L.A. §§ 333.27901 et seq.
   (g)   "Marihuana facility" means an enterprise at a specific location at which a licensee is licensed to operate under the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.27101 et seq., including a marijuana grower, marijuana processor, marijuana provisioning center, marijuana secure transporter, or marijuana safety compliance facility. The term does not include or apply to a "primary caregiver" or "caregiver" as that term is defined in the Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq.
   (h)   "Marihuana plant" means any plant of the species Cannabis sativa L.
   (i)   "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation. Marihuana-infused product shall not be considered a food for purposes of the food law, 2000 PA 92, M.C.L.A. §§ 289.1101 to 289.8111.
   (j)   "Marihuana tracking act" means the marihuana tracking act, PA 282 of 2016, M.C.L.A. §§ 333.27901 to 333.27904.
   (k)   "Michigan medical marihuana act" means the Michigan medical marihuana act, 2008 IL 1, M.C.L.A. §§ 333.26421 to 333.26430.
   (l)   "Medical marihuana facilities licensing act" means the Medical marihuana facilities licensing act, PA 281 of 2016, M.C.L.A. §§ 333.27101 et seq.
   (m)   "Park" means an area of land designated by the City as a park on its Master Land Use Plan, Five-Year Community Parks and Recreation Plan, or on a City Council approved list of City Parks.
      The following list shall be the City Council approved list of parks to be buffered when siting a Provisioning Center in the City of Ionia:
      (1)   Balice Park (Adams Street).
      (2)   Gateway Park (located corner of Dexter and Main Streets).
      (3)   Governor Green Park (located in Ionia Township on East Main Street and includes the developed portion of the park property (north of East Main Street) and the undeveloped portion of the park located south of East Main Street, fronting on Prairie Creek).
      (4)   Hale Park (corner of Lincoln Avenue and Division Street).
      (5)   Harper Park (Bayard Street).
      (6)   Ionia Free Fairgrounds (City and Association owned properties including the Boat Launch, Skate Park, Riverside Park – all being located north of the Grand River).
      (7)   Perry Park (corner of Lincoln Avenue and Jackson Street).
      (8)   McCann Park (corner of Rice Street and Hackett Street).
      (9)   McConnell Park (fronts on East Washington Street and East Main Street).
      (10)   Robinson Park (fronts on Chapman, Forest and State Streets).
      (11)   Steele Park (fronts on Steele Street, north and south of the Fred Meijer Grand River Valley Rail Trail); Parcel Number – 34-201-040-000-076-00, Parcel Number – 34-201-110-000-005-01, Parcel Number – 34-201-110-000-010-00.
      (12)   Trailhead Park (corner of Dexter and Steele Streets).
      (13)   Veterans Park (located west of the Armory Community Center).
      (14)   Wetland Park (located between Dexter Street and Steele Street, north of Brown Boulevard); Parcel Number – 34-201-040-000-640-00.
   (n)   "Person" means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity.
   (o)   "Processor" means a licensee that is a commercial entity located in the state of Michigan that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center.
   (p)   "Provisioning center" means a licensee that is a commercial entity located in Michigan that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver in accordance with the Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq., is not a provisioning center for purposes of this article.
   (q)   "Public playground" means an outdoor facility, open to the public and on public property and containing playground equipment including but not limited to slides, climbers, seesaws, swings, or swimming pool designed for the recreational use by children and owned and operated by a local unit of government, school district, or other unit or agency of government.
   (r)   "Rules" means rules promulgated under the administrative procedures act of 1969, 1969 PA 306, M.C.L.A. §§ 24.201 to 24.328 by the department of Licensing and Regulatory Affairs to establish rules for the purpose of implementing the Medical Marihuana Facilities Licensing Act, 2016 PA 281, M.C.L.A. §§ 333.27101 et seq.
   (s)   "Safety compliance facility" means a licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility.
   (t)   "School" means and includes buildings and facilities used for school purposes for children and youth in grades pre-kindergarten through 12, and Head Start when that instruction or purpose is provided by a public, private, denominational, or parochial school.
   (u)   "Secure transporter" means a licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee.
(Ord. 539. Passed 3-5-19; Res. Unno. Passed 4-14-20.)