Except as expressly defined differently, words and phrases in this Chapter shall have the same meanings ascribed to them as in the Michigan Medical Marihuana Act, Michigan Medical Marihuana Facilities Licensing Act, Marihuana Tracking Act, Michigan Regulation and Taxation of Marihuana Act, and the administrative rules and regulations promulgated by the State of Michigan and the Michigan Department of Licensing and Regulatory Affairs, as amended.
(a) "Applicant" means an individual, person, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity or other business entity who applies for a license to operate a Marihuana Business in the City.
(b) "City" means the City of Lincoln Park, Michigan.
(c) "Co-Locate" or "Co-Location" means any combination of growers, processors, and/or marihuana retail establishments that may operate as separate marihuana businesses at the same physical location.
(d) "Cultivate" means to propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means.
(e) "Industrial hemp" means a plant of the genus cannabis and any part of that plant, whether growing or not, with a delta-9 tetrahydrocannabinol concentration that does not exceed 0.3% on a dry-weight basis, or per volume or weight of Marihuana-infused product, or the combined percent of delta-9 tetrahydrocannabinol and tetrahydrocannabinolic acid in any part of the plant of the genus cannabis regardless of moisture content.
(f) "LARA" means the Michigan Department of Licensing and Regulatory Affairs, including, without limitation, the Marihuana Regulatory Agency.
(g) "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. Marihuana does not include: (i) 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; (ii) industrial hemp; or (iii) any other ingredient combined with Marihuana to prepare topical or oral administrations, food, drink, or other products.
(h) "Marihuana accessories" means 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.
(i) "Marihuana concentrate" means the resin extracted from any part of the plant of the genus cannabis.
(j) "Marihuana Business" means a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana retailer, marihuana provisioning center, marihuana secure transporter, or any other type of marihuana establishment or facility licensed by LARA.
(k) "Marihuana grower" means a person licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
(l) "Marihuana-infused product" means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation. Marihuana-infused product shall not be considered a food for purpose of the food law, MCL 289.1101 to 289.8111.
(m) "Marihuana Tracking Act" or "MTA" means Public Act 282 of 2016, MCL 333.27901, et seq., as amended and all future amendments.
(n) "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.
(o) "Marihuana Provisioning Center" means a licensee that is a commercial entity located in the city that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers pursuant to the MMFLA.
(p) "Marihuana Retailer" means a licensee that is a commercial entity located in the city that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to the public in accordance with the MRTMA.
(q) "Marihuana Safety Compliance Facility" means a person licensed to test marihuana, including certification for potency and the presence of contaminants.
(r) "Marihuana Secure Transporter" means a person licensed to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
(s) "Michigan Medical Marihuana Act", or "MMMA" means the initiated law of 2008, MCL 333.26421, et seq., as amended and all future amendments.
(t) "Michigan Medical Marihuana Facilities Licensing Act", or "MMFLA" means Public Act 281 of 2016, MCL 333.26421, et seq., as amended and all future amendments.
(u) "Michigan Regulation and Taxation of Marihuana Act" or "MRTMA" means, Initiated law 1 of 2018, MCL 333.27951, et. seq., as amended and all future amendments.
(v) "Person" means an individual, partnership, corporation, limited liability company, trust, or other legal entity.
(w) "Primary Caregiver" or "Registered Primary Caregiver" means a person who is at least 21 years old and who has agreed to assist with a registered qualifying patient's medical use of Marihuana and who has not been convicted of any felony within the past 10 years and has never been convicted of a felony involving illegal drugs or a felony that is an assaultive crime as defined in Section 9a of Chapter X of the Code of Criminal Procedure, 1927 P.A. 175, MCL 770.9a.
(x) "Process" or "Processing" means to separate or otherwise prepare parts of the Marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare Marihuana concentrate or Marihuana-infused products.
(y) "Qualifying Patient" or "Registered Qualifying Patient" means a person who has been diagnosed by a physician as having a debilitating medical condition and who has a valid registry identification card issued by LARA or an equivalent approval lawfully issued under the laws of another State or other entity of the United States which identifies the person as a registered qualifying patient.
(z) "School" means and includes buildings and grounds used for school purposes to provide instruction to children and youth in grades pre-kindergarten through 12 by a public, private, denominational, or parochial school.
(aa) "Stakeholder" means, with respect to a trust, the trustee and beneficiaries; with respect to a limited liability company, all members and managers; with respect to a corporation, whether profit or non-profit, all stockholders, directors, corporate officers or persons with equivalent titles; and with respect to a partnership or limited liability partnership, all partners and investors.
(bb) "State" means the State of Michigan.
(cc) "State license" means a license issued by LARA that allows a person to operate a Marihuana Business.
(Res. 2020-253A. Passed 9-8-20.)