(a) Operational requirements for a medical marihuana provisioning center shall be as follows:
(1) Every medical marihuana provisioning center shall be located in an enclosed building as defined by Section 1240.11(11).
(2) No medical marihuana provisioning center shall be open between the hours of 10:00 p.m. and 9:00 a.m.
(3) The licensee of a provisioning center is authorized by the State of Michigan to purchase or transfer marihuana only from a grower or processor to only a registered qualifying patient or registered primary caregiver. All transfers of marihuana to a provisioning center from a separate marihuana facility shall be by means of a secure transporter.
(4) The licensee of a provisioning center is authorized by the State of Michigan to transfer marihuana to or from a safety compliance facility for testing only by means of a secure transporter.
(5) A provisioning center shall not allow a physician or other person to conduct a medical examination or issue a medical certification document on the premises for the purposes of obtaining a medical marihuana registry identification card.
(6) A provisioning center shall have a separate room that is dedicated as the point of sale area for the transfer or sale of medical marihuana product. The provisioning center shall keep medical marihuana products behind a counter or other barrier to ensure that a registered qualifying patient or registered primary caregiver or member of the general public does not have direct access to the marihuana products.
(7) All medical marihuana storage areas within medical marihuana provisioning centers shall be separated from any customer and patient areas by a permanent barrier. No medical marihuana is permitted to be stored in an area accessible by the general public, or registered caregivers, or registered patients.
(8) Any medical marihuana remaining on the premises of a medical marihuana provisioning center while the provisioning center is not in operation shall be secured in a locked area in the interior of the premises.
(9) The premises of a medical marihuana provisioning center shall be open for inspection by authorized persons during the stated hours of operation and at such other times as anyone is present on the premises.
(10) No licensed medical marihuana provisioning center shall place or maintain, or cause to be placed or maintained, any advertisement of medical marihuana in any form or through any medium within the distance to buffered uses as set forth in Section 1289.05(c), with the exception that a provisioning center may establish signs in compliance with the requirements of Chapter 1284 which regulates signs in the City of Ionia, and in compliance with Section 1289.07(q) herein.
(11) A provisioning center may employ an individual to engage in the home delivery of a medical marihuana product for sale or transfer to a registered qualifying patient according to the requirements of the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, M.C.L.A. §§ 333.27101 et seq., as amended and the promulgated Rules of the Department of Licensing and Regulatory Affairs.
(b) Operational requirements for a medical marihuana grower facility shall be as follows:
(1) A grower license authorizes the grower to perform the following:
A. To grow not more than the numbers of marihuana plants as authorized under Class A, Class B, or Class C licenses;
B. To sell marihuana seeds or marihuana plants to only a grower by means of a secure transporter;
C. To sell marihuana, other than seeds, only to a processor or provisioning center;
D. To transfer marihuana only by means of a secure transporter.
(2) The applicant and each investor with any interest in the grower facility shall not have an interest in a secure transporter or safety compliance facility.
(3) Consumption and/or use of medical marihuana shall be prohibited at the grower facility; the dispensing of medical marihuana at the grower facility shall be prohibited.
(4) All grower activity related to the grower facility shall be performed in an enclosed building as defined by Section 1240.11(11), with the exception that cultivation may occur in an outdoor area if the outdoor area is contiguous with the building, and the outdoor area is fully enclosed by fences or barriers that block outside visibility of the marihuana plants from public view, with no marihuana plants growing above the fence or barrier that is visible to the public eye. The fences or barrier shall be secured in compliance with the security rules of Medical Marihuana Facilities Licensing Act, PA 281 of 2016, M.C.L.A. §§ 333.27101 et seq., as amended and adopted Rules. All drying, trimming, curing, or packaging of marihuana shall occur inside the building meeting all the requirements of the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, M.C.L.A. §§ 333.27101 et seq., as amended and promulgated rules.
(5) That portion of the facility where any chemicals such as herbicides, pesticides, and fertilizers are stored shall be subject to inspection and approval by the City of Ionia Fire Department to insure compliance with the State of Michigan fire codes.
(6) Medical marihuana grower facilities shall produce no products other than useable medical marihuana intended for human consumption.
(7) In furtherance of the public health, safety, and welfare, exterior signage or advertising identifying the facility as a medical marihuana grower facility shall be prohibited.
(c) Operational requirements for a medical marihuana safety compliance facility shall be as follows:
(1) A safety compliance license authorizes the licensee to accept a transfer of 2.5 ounces or less of marihuana to the safety compliance facility from a registered primary caregiver for testing. The licensee is also authorized to receive marihuana from, test marihuana for, and return marihuana to only a medical marihuana facility by means of a secure transporter.
(2) The applicant and each investor with any interest in the safety compliance facility shall not have an interest in a grower, secure transporter, processor, or provisioning center.
(3) A safety compliance facility shall have a secured laboratory space that cannot be accessed by the general public, and shall retain and employ at least one staff member with a relevant advanced degree in a medical or laboratory science.
(4) A safety compliance facility shall become fully accredited by an entity approved by the State of Michigan Department of Licensing and Regulatory Affairs within one year after the date the license is issued, or as otherwise provided by the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, M.C.L.A. §§ 333.27101 et seq., as amended and the promulgated rules.
(5) All safety compliance activity related to the safety compliance facility shall be performed in an enclosed building as defined by Section 1240.11(11).
(6) All medical marihuana shall be contained within the building in an enclosed, locked facility.
(7) In furtherance of the public health, safety, and welfare, exterior signage or advertising identifying the facility as a medical marihuana safety compliance facility shall be prohibited.
(d) Operational requirements for a medical marihuana processor facility shall be as follows:
(1) A processor license authorizes the licensee to purchase medical marihuana only from a grower and authorizes the sale of marihuana-infused products or medical marihuana only to a provisioning center.
(2) A processor license authorizes the processor to transfer medical marihuana only by means of a secure transporter.
(3) All processor activity related to the processor facility shall be performed in an enclosed building as defined by Section 1240.11(11).
(4) All medical marihuana shall be contained within the building in an enclosed, locked facility.
(5) In furtherance of the public health, safety, and welfare, exterior signage or advertising identifying the facility as a medical marihuana processor facility shall be prohibited.
(6) All medical marihuana processors shall be certified as accredited under a recognized food safety system such as SQF, ISO 22000, or the FDA's FSMA (Food Safety Modernization Act) rules or demonstrate that they are actively pursuing said certification at the time of licensing by the State of Michigan and at the time of application review by the City of Ionia, and shall obtain said certification within 18 months of operation.
(7) All medical marihuana processors shall comply with all requirements of the Ionia County Health Department Sanitary Code regarding food service establishments, and the Michigan Food law, Act 92 of 2000 as amended, as applicable.
(e) Operational requirements for a medical marihuana secure transporter facility shall be as follows:
(1) A secure transporter license authorizes the licensee to store and transport marihuana and money associated with the purchase or sale of medical marihuana between medical marihuana facilities for a fee upon request of a person with legal custody of that marihuana or money. The secure transporter license does not authorize the transport of medical marihuana to a registered qualifying patient or registered primary caregiver.
(2) The applicant and each investor with any interest in the secure transporter facility shall not have an interest in a grower, processor, provisioning center, or safety compliance facility, and shall not be a registered qualifying patient or a registered primary caregiver.
(3) Each driver transporting medical marihuana shall have a chauffeur's license as issued by the State of Michigan. Each vehicle transporting medical marihuana shall be operated by a two-person crew with at least one individual remaining with the vehicle at all times during the transportation of medical marihuana.
(4) The medical marihuana shall be transported in one or more sealed containers and not be accessible while in transit.
(5) A secure transporting vehicle shall not bear markings or other indication that it is carrying medical marihuana or a marihuana-infused product.
(6) A secure transporter is subject to administrative inspection by a law enforcement officer at any point during the transportation of medical marihuana to determine compliance with this chapter, and with the State of Michigan Medical Marihuana Facilities Licensing Act, PA 281 of 2016, M.C.L.A. §§ 333.27101 et seq.
(7) A secure transporter shall have a primary place of business as its marihuana facility. All vehicles utilized by the secure transporter facility shall be permanently located at the secure transporter facility except during the time the vehicles are transporting medical marihuana or medical marihuana products. All secure transporter activity shall be performed in an enclosed building with the exception that loading and unloading of medical marihuana may take place on a private portion of the secure transporter facility outside the secure transporter facility building.
(8) Loading and unloading of secure transporter vehicles with medical marihuana may take place on a private, unenclosed portion of any medical marihuana facility, provided any area of loading and unloading is under video surveillance as required by the Michigan Medical Marihuana Facilities Licensing Act, PA 281 of 2016, M.C.L.A. §§ 333.27101 et seq. In no case shall loading and unloading take place in a public place or street, or private place or street which is not under the ownership and control of the licensed medical marihuana facility.
(9) All medical marihuana stored at the secure transporter facility shall be contained within the building in an enclosed, locked facility. The timeframe for the secure transporter to maintain custody of the marihuana product shall not be more than 48 hours or by permission of the Department of Licensing Regulatory Affairs of the State of Michigan on a case-by-case basis.
(10) In furtherance of the public health, safety, and welfare, exterior signage or advertising identifying the facility as a medical marihuana secure transporter facility shall be prohibited.
(Ord. 539. Passed 3-5- 19.)