1290.01 Applicability.
1290.02 Purpose.
1290.03 Definitions.
1290.04 Authorization of marihuana establishments and fee.
1290.05 Prohibition and permitting of special licenses.
1290.06 Development requirements.
1290.07 Operational requirements.
1290.08 Operational regulations that apply to all marihuana establishments.
1290.09 Application and processing procedures.
1290.10 Standards for approval.
1290.11 Variances.
1290.12 Change of ownership, licensee, or location.
CROSS REFERENCES
Controlled substances - see GEN. OFF. Ch. 612
Medical marihuana facilities - see P. & Z. Ch. 1289
Parks; City Council approved list - see P. & Z. 1289.03(m)
This chapter is intended to provide for the regulation of commercial adult use marihuana establishments and licenses; to establish procedures for application for adult use marihuana establishments and licenses; to establish procedures for review of adult use marihuana establishments and licenses; to establish operational, land use, and zoning requirements for adult use marihuana establishments and licenses; to protect the public health, safety, and welfare of the City, its residents, its neighborhoods, and property owners; to set fees for the purpose of defraying costs associated with the implementation and enforcement of the provisions of this chapter; to declare this chapter to be for a public purpose; and to provide penalties for violations of this chapter.
(Ord. 549. Passed 1-5-21.)
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 Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA), shall have the definition given in the Michigan Regulation and Taxation of 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) “Agency” means the Michigan Marijuana Regulatory Agency.
(e) “Acts” refers to the Medical Marihuana Facilities Licensing Act, 2016 PA 281, M.C.L.A. §§ 333.27101 to 333.27801, and the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, M.C.L.A. §§ 333.27951 to 333.27967, when applicable.
(f) “Common ownership” means two or more state licenses or two or more equivalent licenses held by one person under the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA).
(g) “Cultivate” means to propagate, breed, grow, harvest, dry cure, or separate parts of the marihuana plant by manual or mechanical means.
(h) “Department” means the Department of Licensing and Regulatory Affairs (LARA).
(i) “Equivalent licenses” means any of the following held by a person:
(1) A marihuana Grower license of any class issued under the Michigan Regulation and Taxation of Marihuana Act and a Grower license, of any class, issued under the Medical Marihuana Facilities Licensing Act.
(2) A marihuana Processor license issued under the Michigan Regulation and Taxation of Marihuana Act and a Processor license issued under the Medical Marihuana Facilities Licensing Act.
(3) A marihuana Retailer license issued under the Michigan Regulation and Taxation of Marihuana Act and a Provisioning Center license issued under the Medical Marihuana Facilities Licensing Act.
(4) A marihuana Secure Transporter license issued under the Michigan Regulation and Taxation of Marihuana Act and a Secure Transporter license issued under the Medical Marihuana Facilities Licensing Act.
(5) A marihuana Safety Compliance Facility license issued under the Michigan Regulation and Taxation of Marihuana Act and a Safety Compliance Facility license issued under the Medical Marihuana Facilities Licensing Act.
(j) “Industrial hemp” means a plant of the genus cannabis and any part of that plant, whether growing or not, and as defined by the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq.
(k) “Licensee” means a person holding a state operating license issued under the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., or the Medical Marihuana Establishments Licensing Act, M.C.L.A. §§ 333.27101 et seq.
(l) “Marihuana” means all parts of the plant of the genus cannabis, growing or not; the seeds of the plant; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin, including marihuana concentrate and marihuana-infused products. For the purposes of the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., marihuana does not include:
(1) The mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted from those stalks, fiber, oil, or cake, or any sterilized seed of the plant that is incapable of germination;
(2) Industrial hemp; or
(3) Any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
(m) “Marihuana business” means a marihuana facility under the Medical Marihuana Facilities Licensing Act, or a marihuana establishment under the Michigan Regulation and Taxation of Marihuana Act, or both.
(n) “Marihuana concentrate” means the resin extracted from any part of the plant of the genus cannabis.
(o) “Marihuana customer” means a registered qualifying patient under the Medical Marihuana Facilities Licensing Act, a registered primary caregiver under the Medical Marihuana Facilities Licensing Act, or an individual 21 years of age or older under the Michigan Regulation and Taxation of Marihuana Act, or all three.
(p) “Marihuana establishment” means a marihuana grower, marihuana safety compliance establishment, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by the department.
(q) “Marihuana facility” means a location at which a licensee is licensed to operate under the Medical Marihuana Facilities Licensing Act.
(r) “Marihuana grower” means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
(s) “Marihuana infused product” means a topical formulation, tincture, beverage, edible substance, or similar product containing marihuana and other ingredients and that is intended for human consumption.
(t) “Marihuana microbusiness” means a person, licensed to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance establishment, but not to other marihuana establishments.
(u) “Marihuana processor” means a person licensed to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.
(v) “Marihuana retailer” means a person licensed to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.
(w) “Marihuana secure transporter” means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
(x) “Marihuana safety compliance facility” means a person licensed to test marihuana, including certification for potency and the presence of contaminants.
(y) “Marihuana Tracking Act” means the Marihuana Tracking Act, PA 282 of 2016, M.C.L.A. §§ 333.27901 to 333.27904.
(z) “Medical Marihuana Establishments Licensing Act” means the Medical Marihuana Establishments Licensing Act, PA 281 of 2016, M.C.L.A. §§ 333.27101 et seq.
(aa) “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.
(bb) “Person” means an individual, corporation, limited liability company, partnership of any type, trust, or other legal entity.
(cc) “Public playground” means an outdoor establishment, 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.
(dd) “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 Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended.
(ee) “Same location” means separate marihuana licenses that are issued to multiple marihuana businesses that are authorized to operate at a single property but with separate business suites, partitions, or addresses.
(ff) “School” means and includes buildings and establishments used for school purposes for children and youth in grades pre-kindergarten through 12, or where students of any age attend an educational facility for non-traditional or special needs learners, and Head Start when that instruction or purpose is provided by a public, private, denominational, or parochial school.
(gg) “State license” means a license issued by the department that allows a person to operate a marihuana establishment.
(Ord. 549. Passed 1-5-21.)
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