(a) Operational requirements for a marihuana retailer establishment shall be as follows:
(1) Every marihuana retailer shall be located in an enclosed building as defined by Section 1240.11(11).
(2) No marihuana retailer shall be open between the hours of 10:00 P.M. and 9:00 A.M.
(3) The licensee of a marihuana retailer is authorized by the State of Michigan to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana products to marihuana establishments and to individuals who are 21 years of age or older. All transfers of marihuana to or from a separate marihuana establishment shall be by means of a marihuana secure transporter.
(4) A transfer of marihuana to a marihuana retailer from a marihuana establishment that occupies the same location as the marihuana retailer does not require a marihuana secure transporter if the marihuana is transferred to the marihuana retailer using only private real property without accessing public roadways.
(5) A licensee who holds two or more marihuana retailer licenses with common ownership at different establishments may transfer marihuana product inventory between the licensed marihuana retailer establishments. The transferred marihuana product must be entered and tracked in the statewide monitoring system.
(6) A marihuana retailer shall have a separate room that is dedicated as the point of sale area for the transfer or sale of marihuana product to customers. The marihuana retailer shall keep marihuana products behind a counter or other barrier to ensure that customers do not have direct access to the marihuana products.
(7) Access to point of sale areas in a marihuana establishment is restricted to persons age 21 or over. Where equivalent licenses are held in common ownership for a marihuana retailer establishment and a medical marihuana provisioning center facility, and which operate in the same location within a business space that is not partitioned, access is limited to customers age 18 or older.
(8) All marihuana storage areas within marihuana retailers shall be separated from any customer areas by a permanent barrier. No marihuana is permitted to be stored in an area accessible by customers or the general public.
(9) Any marihuana remaining on the premises of a marihuana retailer while the retailer is not in operation shall be secured in a locked area in the interior of the premises.
(10) The premises of a marihuana retailer 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.
(11) No licensed marihuana retailer shall place or maintain, or cause to be placed or maintained, any advertisement of marihuana in any form or through any medium within the distance to buffered uses as set forth in Section 1290.06(g)(1), with the exception that a retailer may establish signs in compliance with the requirements of Chapter 1284
which regulates signs in the City, and in compliance with Section 1290.08(x) herein.
(12) A marihuana retailer may employ an individual to engage in the delivery of a marihuana product for sale or transfer to an individual 21 years of age or older at a residential address or at the address of a designated consumption establishment provided at the time the order is placed.
(13) A marihuana retailer may accept an online order request of a marihuana product and payment for the order that will be delivered only to the physical residence of an individual 21 years of age or older or at the address of a designated consumption establishment provided by an individual 21 years of age or older.
(14) The applicant and each investor with any interest in the marihuana retailer establishment shall not have an interest in a marihuana secure transporter establishment or a marihuana safety compliance facility establishment.
(b) Operational requirements for a marihuana grower establishment shall be as follows:
(1) A grower license authorizes the grower to perform the following:
A. To cultivate not more than the numbers of marihuana plants as authorized under Class A (100 plants), Class B (500 plants), or Class C (2,000 plants) licenses;
B. To sell or otherwise transfer marihuana to marihuana establishments;
C. To sell or otherwise transfer marihuana plants to a marihuana grower by means of a marihuana secure transporter;
D. To sell or otherwise transfer marihuana without using a secure transporter to a marihuana processor or marihuana retailer if the following are both met:
1. The marihuana processor or marihuana retailer occupies the same location as the marihuana grower and the marihuana is transferred using only private real property without accessing public roadways;
2. The marihuana grower enters each transfer into the statewide monitoring system.
E. A marihuana grower is permitted to sell or otherwise transfer marihuana seeds, seedlings, tissue cultures, or immature plants to a marihuana grower from another marihuana grower without using a marihuana secure transporter.
F. To transfer marihuana only by means of a secure transporter unless otherwise permitted by the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA).
(2) The applicant and each investor with any interest in the marihuana grower establishment shall not have an interest in a marihuana secure transporter establishment or a marihuana safety compliance facility establishment.
(3) Consumption and/or use of marihuana shall be prohibited at the grower establishment; the dispensing of marihuana at the grower establishment shall be prohibited.
(4) All grower activity related to the grower establishment 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. Outdoor growing areas shall include locked entries only accessible to authorized persons or emergency personnel.
(5) Cultivation, processing, sale, or display of marihuana or marihuana accessories shall not be visible from a public place outside of the marihuana establishment without the use binoculars, aircraft, or other optical aid, as required by the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA) and Rules.
(6) That portion of the establishment where any chemicals such as herbicides, pesticides, and fertilizers are stored shall be subject to inspection and approval by the City’s Public Safety Department to ensure compliance with the State of Michigan fire codes.
(7) Marihuana grower establishments shall produce no products other than useable marihuana intended for human consumption.
(8) In furtherance of the public health, safety, and welfare, exterior signage or advertising identifying the establishment as a marihuana grower establishment shall be prohibited.
(c) Operational requirements for a marihuana safety compliance facility establishment shall be as follows:
(1) A safety compliance license authorizes the licensee to perform the following activities without the means of a secure transporter:
A. Take marihuana from, test marihuana for, and return marihuana to only a licensed marihuana establishment.
B. Perform tests to certify that the marihuana is reasonably free of known contaminants in compliance with the standards established by the agency.
C. A safety compliance facility establishment license authorizes the licensee to collect a random sample of marihuana at the marihuana establishment of a marihuana grower, marihuana processor, marihuana retailer, or marihuana microbusiness for testing.
(2) A safety compliance facility establishment shall become fully accredited by an entity approved by the Marijuana Regulatory Agency of the State of Michigan within one year after the date the license is issued, or have previously provided drug testing services to the State of Michigan or the State of Michigan court services and is a vendor in good standing.
(3) The applicant and each investor with any interest in the marihuana safety compliance facility establishment shall not have an interest in the marihuana establishment of a marihuana grower, marihuana secure transporter, marihuana processor, or marihuana retailer establishment.
(4) A safety compliance facility establishment shall have a secured laboratory space that cannot be accessed by the general public, and shall retain at least one laboratory manager with a relevant advanced degree in a medical or laboratory science.
(5) All safety compliance activity related to the safety compliance facility establishment shall be performed in an enclosed building as defined by Section 1240.11(11).
(6) All marihuana shall be contained within the building in an enclosed, locked establishment.
(7) In furtherance of the public health, safety, and welfare, exterior signage or advertising identifying the establishment as a marihuana safety compliance facility establishment shall be prohibited.
(d) Operational requirements for a marihuana processor establishment shall be as follows:
(1) A processor license authorizes the licensee to purchase or transfer marihuana or marihuana-infused products from only a licensed marihuana establishment; process and package marihuana; and authorizes the sale or otherwise transfer of marihuana or marihuana-infused products to only a licensed marihuana establishment.
(2) A processor license authorizes the processor to transfer marihuana only by means of a secure transporter.
(3) A processor license authorizes the licensee to sell or otherwise transfer marihuana without using a secure transporter to a marihuana processor or marihuana retailer if the following are both met:
A. The marihuana grower, marihuana processor, or marihuana retailer occupies the same location as the marihuana processor and the marihuana is transferred using only private real property without accessing public roadways;
B. The marihuana processor enters each transfer into the statewide monitoring system.
(4) A licensee who holds two or more marihuana processor licenses with common ownership at different establishments may transfer marihuana product inventory between the licensed marihuana processor establishments. The transferred marihuana product must be entered and tracked in the statewide monitoring system.
(5) All processor activity related to the marihuana processor establishment shall be performed in an enclosed building as defined by Section 1240.11(11).
(6) All 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 establishment as a marihuana processor establishment shall be prohibited.
(8) All marihuana processors shall have an employee who is certified as a Food Protection Manager.
(9) All marihuana processors shall be certified by one of the following, as required by the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA) and Rules:
A. The International Organization for Standardization (ISO), ISO 22000/ISO/TS 22002-1; or
B. The FDA Food Safety Modernization Act, 21 USC 2201 to 2252.
(10) All 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 marihuana secure transporter establishment 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 marihuana between marihuana establishments 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 marihuana to a registered qualifying patient or registered primary caregiver as defined by the Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq., as amended.
(2) If a marihuana secure transporter establishment has its primary place of business in a municipality that has not adopted an ordinance prohibiting marihuana establishments, the marihuana secure transporter may travel through any municipality.
(3) The applicant and each investor with any interest in the marihuana secure transporter establishment shall not have an interest in a marihuana grower, processor, retailer, or safety compliance establishment, and shall not hold title to marihuana.
(4) Each driver transporting marihuana shall have a chauffeur’s license as issued by the State of Michigan. Each vehicle transporting 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 marihuana. A route plan and a manifest shall be entered into the statewide monitoring system, and a copy shall be carried in the transporting vehicle and presented to a law enforcement officer upon request.
(5) The marihuana and any money associated with the purchase or sale of marihuana product shall be transported in one or more sealed, locked containers and not be accessible while in transit.
(6) A secure transporter vehicle shall not bear markings or other indication that it is carrying marihuana or a marihuana-infused product.
(7) A marihuana secure transporter establishment shall have a primary place of business, and shall store its vehicles at its primary place of business. However, a marihuana secure transporter vehicle may be stored in a location that is not the primary place of business of the secure transporter if the vehicle does not contain marihuana products and the address of storage is reported to the agency in the licensee’s staffing plan and business plan.
(8) A secure transporter is subject to administrative inspection by a law enforcement officer at any point during the transportation of marihuana to determine compliance with this chapter, and with the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA) and Rules.
(9) All secure transporter activity shall be performed in an enclosed building with the exception that loading and unloading of marihuana may take place on a private portion of the secure transporter establishment outside the secure transporter establishment building.
(10) Loading and unloading of secure transporter vehicles with marihuana may take place on a private, unenclosed portion of any marihuana establishment, provided any area of loading and unloading is under video surveillance as required by the Michigan Regulation and Taxation of Marihuana Act, M.C.L.A. §§ 333.27951 et seq., as amended (MRTMA) and Rules. 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 marihuana establishment.
(11) All marihuana stored at the secure transporter establishment 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 96 hours or by permission of the Department of Licensing and Regulatory Affairs of the State of Michigan on a case-by-case basis.
(12) In furtherance of the public health, safety, and welfare, exterior signage or advertising identifying the establishment as a marihuana secure transporter establishment shall be prohibited.
(f) Operational requirements for an excess marihuana grower license shall be as follows:
(1) An excess marihuana grower license authorizes the sale of marihuana, other than seeds, seedlings, tissue cultures, immature plants, and cuttings, to a marihuana processor or marihuana retailer.
(2) An excess marihuana grower license shall only be issued to a person who holds five stacked Class C grower licenses issued by the Michigan Marihuana Regulatory Agency under the Michigan Regulation and Taxation of Marihuana Act, and at least two Class C grower licenses issued by the Agency under the Michigan Medical Marihuana Facilities Licensing Act.
(3) The Agency shall set the total marihuana plant count for an excess marihuana grower license in increments of 2,000 marihuana plants not in excess of the total marihuana plants permitted under Grower Class C licenses held under the Michigan Medical Marihuana Facilities Licensing Act.
(4) An excess marihuana grower licensee is subject to all requirements for a marihuana grower as provided for the Michigan Regulation and Taxation of Marihuana Act; all rules promulgated by the Michigan Department of Licensing and Regulatory Affairs (LARA); and to all requirements for a marihuana grower establishment herein.
(Ord. 549. Passed 1-5-21.)