CHAPTER 114: MARIHUANA
Section
   114.01   Marihuana establishments/regulations
   114.02   Definitions
   114.03   Prohibitions
   114.04   Medical marihuana provisioning centers and marihuana retailers
   114.05   Permit applications
   114.06   Application fee
   114.07   Application review
   114.08   Permit requirements
   114.09   Transfer of permits
   114.10   Term of permits
   114.11   Annual permit renewal
   114.12   Revocation or suspension of a permit
   114.13   Procedure for nonrenewal, suspension, or revocation of permit
   114.14   Criteria for nonrenewal, suspension, or revocation of permit
 
   114.99   Penalty
§ 114.01 MARIHUANA ESTABLISHMENTS/REGULATIONS.
   This chapter is created to regulate the sale of marihuana in the Village of Lake Orion; to allow certain medical marihuana facilities and marihuana establishments to operate in the village pursuant to the Medical Marihuana Facilities Licensing Act and Michigan Regulation and Taxation of Marihuana Act; to provide for standards and procedures to permit and regulate such facilities; to provide for the imposition of permit application fees; to provide penalties; and to impose conditions for the operation of such facilities.
(Ord. 13.03, passed 11-3-20)
§ 114.02 DEFINITIONS.
   The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning.
   APPLICANT. A person who applies for a permit to operate a medical marihuana provisioning center or marihuana retailer under this chapter.
   CHURCH. A building used for regular public worship services and exempt from taxation under the General Property Tax Act of the state.
   CLERK. The Clerk of the Village of Lake Orion.
   COUNCIL. The Village Council of the Village of Lake Orion.
   DEPARTMENT. The State of Michigan Department of Licensing and Regulatory Affairs or its successor agency.
   MARIHUANA. As defined in the MRTMA.
   MARIHUANA ACCESSORIES. Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marihuana into the human body.
   MARIHUANA ESTABLISHMENT. A marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed under the MRTMA.
   MARIHUANA GROWER. A person licensed under the MRTMA to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
   MARIHUANA MICROBUSINESS. A person licensed under the MRTMA 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 facility, but not to other marihuana establishments.
   MARIHUANA PROCESSOR. A person licensed under the MRTMA to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.
   MARIHUANA RETAILER. A person licensed under the MRTMA 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.
   MARIHUANA SAFETY COMPLIANCE FACILITY. A person licensed to test marihuana, including certification for potency and the presence of contaminants.
   MARIHUANA SECURE TRANSPORTER. A person licensed under the MRTMA to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
   MEDICAL MARIHUANA FACILITY. Any facility, entity, establishment or center that is required to be licensed under the MMFLA and this chapter, including a medical marihuana grower, medical marihuana processor, medical marihuana provisioning center, medical marihuana safety compliance facility, and/or a medical marihuana secure transporter.
   MEDICAL MARIHUANA GROWER. The term "grower" as defined in the MMFLA.
   MEDICAL MARIHUANA PROCESSOR. The term "processor" as defined in the MMFLA.
   MEDICAL MARIHUANA PROVISIONING CENTER. The term "provisioning center" as defined in the MMFLA.
   MEDICAL MARIHUANA SAFETY COMPLIANCE FACILITY. The term "safety compliance facility" as defined in the MMFLA.
   MEDICAL MARIHUANA SECURE TRANSPORTER. The term "secure transporter" as defined in the MMFLA.
   MMFLA. The Medical Marihuana Facilities Licensing Act, Act 281 of 2016, M.C.L.A. §§ 333.27101 et seq.
   MRTMA. The Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, M.C.L.A. §§ 333.27951 et seq.
   PARK. An area of land dedicated for public use and accepted by the village, with or without facilities for rest and recreation.
   PERMITTEE. A person who receives a permit to operate a medical marihuana facility or marihuana establishment under this chapter.
   SCHOOL. A public or private school offering education to students enrolled in kindergarten, or one or more grades of one through 12.
   STAKEHOLDER. The officers, directors, and managerial employees of an applicant and any persons who hold any direct or indirect ownership interest in the applicant.
   VILLAGE. The Village of Lake Orion.
(Ord. 13.03, passed 11-3-20)
§ 114.03 PROHIBITIONS.
   (A)   Notwithstanding anything in this chapter, no person shall sell marihuana or sell or display marihuana accessories within a 1,000 foot radius of any parcel upon which is located any preexisting school, within a 1,500 foot radius of any parcel upon which is located any preexisting church, within a 1,500 foot radius of any parcel upon which is located any preexisting park, within a 250 foot radius of any Village Single Family Residential Zoning District (RV), within a 250 foot radius of any Lake Single Family Residential Zoning District (RL), or within a 250 foot radius of any Multiple Family Residential Zoning District (RM). This division shall apply if the school, church, park, or Residential Zoning Districts RV, RL, and RM are located within the village.
   (B)   No person shall operate a medical marihuana facility or a marihuana establishment in the village without first obtaining any relevant license required by the MMFLA or MRTMA and a permit from the village in accordance with the provisions of this chapter. A separate permit is required for each medical marihuana facility or marihuana establishment.
   (C)   No person shall consume marihuana in a public place within the boundaries of the village.
(Ord. 13.03, passed 11-3-20) Penalty, see § 114.99
§ 114.04 MEDICAL MARIHUANA PROVISIONING CENTERS AND MARIHUANA RETAILERS.
   (A)   Pursuant to section 205(1) of the MMFLA and section 6 of the MRTMA, the village authorizes two permits total for medical marihuana provisioning centers and marihuana retailers; provided, however, for purposes of this limitation on the number of authorized permits in the village, the village shall be deemed to have issued only one permit to a permittee who receives a permit to operate a medical marihuana provisioning center and also a permit to operate a marihuana retailer at the same location as the medical marihuana provisioning center.
   (B)   Except as otherwise provided in this section, the village shall not permit or authorize the operation of any other type of marihuana establishment or medical marijuana facility.
   (C)   This section shall not be interpreted to allow the operation of marihuana establishments and medical marihuana facilities at more than two locations in the village at the same time.
(Ord. 13.03, passed 11-3-20)
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