(A) No person shall give, gift, lend, or otherwise deliver marijuana in the city.
(B) However, the following persons shall not be subject to arrest, prosecution, or penalty for the delivery of marijuana when that person is in full compliance with M.C.L.A. §§ 333.26421 et seq.
(1) A primary caregiver who has been issued and possesses a current registry identification card where the primary caregiver is connected through the Department’s registration process when he or she provides marijuana to his or her qualified patient, but only when the compensation received by the primary caregiver does not exceed the actual costs associated with assisting the registered qualifying patient. The primary caregiver remains subject to arrest, prosecution, and penalty should the primary caregiver not present to the police officer his or her current registration card and a valid driver’s license or government issued identification card that bears a photographic image of the primary caregiver.
(2) A primary caregiver delivering marijuana to a qualifying patient or patients shall only do so at the home of the qualifying patient or patients, or at a premises zoned LI Limited Industrial District. Prior to using a premises, other than the home of a qualifying patient, for the delivery of marijuana to a qualifying patient or patients, the primary caregiver shall apply for inspection of the proposed facility by the Building Inspector, who shall approve only those requests which demonstrate compliance with the following standards:
(a) Application shall be submitted on a form provided by the city along with any required application fee as may be approved by the City Council;
(b) The proposed facility shall meet all current Building Code requirements;
(c) The proposed facility shall have at least 150 square feet of floor space available for each qualifying patient for which the primary caregiver has been registered;
(d) The proposed facility shall have adequate ventilation as deemed necessary by the Building Inspector;
(e) At the time of initial application, the proposed facility shall be located no closer than 1,000 feel from any school, church, or other place of worship, or day care facility for children, as measured from property line to property line, using the closest points along the property lines involved;
(f) The facility shall have adequate parking; and
(g) The primary caregiver shall apply for annual inspection of the facility by the Building Inspector, who shall confirm compliance with the above standards. Application for annual inspection shall be submitted on a form provided by the city along with any required application fee as may be approved by the City Council.
(2011 , § 9.34.050) (Ord. 373, passed 8-8-2015) Penalty, see § 136.99