(a) Medical marihuana facilities shall comply at all times and in all circumstances with the Michigan Medical Marihuana Act, 2008 IL 1, M.C.L.A. §§ 333.26421 to 333.26430; the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, M.C.L.A. §§ 333.27101 et seq.; and the Marihuana Tracking Act, PA 282 of 2016, M.C.L.A. §§ 333.27901 to 333.27904.
(b) Medical marihuana facilities shall be partitioned from any other marihuana facility, activity, business, or dwelling. Medical marihuana facilities shall not allow onsite or as part of the marihuana facility any of the following:
(1) Sale, consumption or serving of food except for as provided by Rules as promulgated by the Department of Licensing and Regulatory Affairs;
(2) Sale, consumption, or use of alcohol or tobacco products on the premises;
(3) Consumption, use, or inhalation of a marihuana product.
(c) Access to the medical marihuana facility is restricted to the licensee, employees of the licensee, and registered qualifying patients and registered primary caregivers with valid registry cards, if applicable, and the Department of Licensing and Regulatory Affairs, through its investigators, agents, auditors, the state police, or law enforcement officials.
(d) A separate waiting area may be created for visitors not authorized to enter the medical marihuana facility.
(e) The licensee shall maintain a log tracking all visitors to a medical marihuana facility in compliance with the Marihuana Tracking Act, PA 282 of 2016, M.C.L.A. §§ 333.27901 to 333.27904. The visitor log must be available at all times for inspection by the Michigan Department of Licensing and Regulatory Affairs, and its investigators, agents, and auditors, or the state police to determine compliance with the act and these rules.
(f) With the exception of staff meetings, employee training, and similar events associated with the operation of the medical marihuana facility, no activities such as tours, corporate events, weddings, parties, receptions, or other similar events may occur on the premises of a medical marihuana facility at any time.
(g) The medical marihuana facility must be at a fixed location. Mobile medical marihuana facilities and drive-through, drive-up, or walk-up operations are prohibited. Any sales or transfers of marihuana product by internet or mail order, consignment, or at wholesale are prohibited, with the exception that a provisioning center may accept online orders and payments of sales of medical marihuana to a qualifying patient on a secure website according to the requirements of the Michigan Department of Licensing and Regulatory Affairs.
(h) A state operating license issued under the act must be framed under a transparent material and prominently displayed in the medical marihuana facility.
(i) Processors, growers, and safety compliance facilities shall implement appropriate exhaust ventilation systems to mitigate noxious gasses or other fumes used or created as part of any production process or operations. Exhaust ventilation equipment must be appropriate for the hazard involved and must comply with City of Ionia fire code and Michigan mechanical codes. No marihuana shall be cultivated, grown, manufactured, processed, tested, or provided in any manner that would emit odors reasonably discernable to another person beyond the interior of the building or occupied portion of the building where the medical marihuana facility is located.
(j) All medical marihuana facilities shall be securely locked, including all interior rooms, windows, and points of entry and exits with commercial-grade, nonresidential door locks as reviewed and approved by the City of Ionia building inspection officials and the City of Ionia public safety officials. Access to a medical marihuana facility shall be only by the licensee or employees as approved by the licensee. An alarm system shall be maintained.
(k) One or more emergency contact persons with phone numbers shall be provided to City of Ionia public safety officials and public safety officials of other jurisdictions if requested by the City of Ionia.
(l) All medical marihuana facilities shall have a video surveillance system that meets all requirements of the rules promulgated by the department of Licensing and Regulatory Affairs Department (LARA) 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.
(m) Marihuana product that is to be destroyed or is considered waste shall be rendered into an unusable and unrecognizable form and recorded in the State of Michigan statewide monitoring system; destroyed marihuana products or waste shall not be sold; all marihuana waste shall be disposed of according to the requirements of the rules promulgated by the department of Licensing and Regulatory Affairs Department (LARA) 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.
(n) Wastewater generated during the cultivation of marihuana and processing of marihuana products shall be disposed of in compliance with applicable City of Ionia, Ionia County, State of Michigan, and federal laws and regulations.
(o) All applicable building, electrical, plumbing, mechanical, water, wastewater, and any other applicable permits shall be obtained from the City of Ionia or other applicable governmental authority for any portion of the building or structure in which electrical wiring, lighting, mechanical, plumbing, watering, cultivating, growing, harvesting, testing, processing, and other devices that support any operation associated with the medical marihuana facility are located.
(p) Verification from City of Ionia Public Safety personnel that the facility meets all requirements for fire protection.
(q) Marketing and advertising regulations for all medical marihuana facilities are as follows:
(1) Marihuana facilities shall comply with all City of Ionia municipal ordinances, state law, and administrative Rules regulating signs and advertising.
(2) A licensee shall not advertise marihuana product where the advertisement is visible to members of the public from any street, sidewalk, park, or other public place, with the exception that a provisioning center may include a sign or signs as regulated by Chapter 1284 of the Codified Ordinances, subject to the following:
A. No sign shall advertise a specific medical marihuana product, or pricing, or special sale of any medical marihuana product;
B. A sign may include the words "Cannabis" or "Marihuana" or "Medical" and graphics such as leaves but excluding graphics of specific products;
C. A sign may include the name of the establishment.
(3) Marihuana products shall be marketed or advertised as "medical marihuana" for use only by registered qualifying patients or registered primary caregivers.
(4) Marihuana products shall not be marketed or advertised to minors aged 17 years or younger. Sponsorships targeted to members aged 17 years or younger are prohibited.
(r) Any medical marihuana facility shall not be operated in an occupied residence.
(s) No medical marihuana facility shall be operated in a manner creating noise, dust, vibration, glare, or fumes beyond the boundaries of the property on which the medical marihuana facility is operated; or odors detectable to normal senses beyond the interior of the building or occupied portion of the building where the medical marihuana facility is located; or any other nuisance that hinders the public health, safety, and welfare of the residents of the City of Ionia.
(t) A medical marihuana facility shall be open for inspection by authorized local, state, county, or federal officials at any time during hours of operation and at other times as anyone is present on the premises.
(u) Licensees and applicants shall notify the Department of Licensing and Regulatory Affairs, state police, and local law enforcement authorities within 24 hours of theft or loss of any marihuana product or criminal activity.
(v) Any other operational measures requested by the Department of Licensing and Regulatory Affairs (LARA) that are not inconsistent with the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, and the Rules.
(Ord. 539. Passed 3-5-19.)