(A) Generally. The possession, use, and cultivation of medical marijuana by a caregiver shall only be permitted in the Village of Manchester if such possession, use, and cultivation is in accordance with the Act and the requirements of this section. All other use, possession, and cultivation is prohibited.
(B) Home occupation permit required. The cultivation of medical marijuana within the Village of Manchester requires a medical marijuana home occupation permit under this section. The medical marijuana home occupation permit may be applied for in R-1A, R-1B, R-2, and R-3 Districts subject to the standards set forth in § 151.074 (Home occupations) and this section.
(C) Requirements. The following requirements apply to medical marijuana home occupations:
(1) Patient limitation. No more than 2 qualifying patients shall be on the premises at any 1 time where a valid medical marijuana home occupation permit has been secured.
(2) Exterior alterations. Home occupations shall not require exterior alterations or involve construction features not customary in dwellings, or require the use of mechanical or electrical equipment which creates a nuisance to the adjacent neighborhood.
(3) Interior alterations. Any permanent structural alterations to the interior of the dwelling unit for purposes of conducting the home occupation which would render it unsuitable for residential use shall be prohibited.
(4) Outdoor storage. There shall be no outdoor storage of items supportive of the home occupation.
(5) Not more than 5 qualifying patients shall be assisted with the medical use of marijuana within any given calendar week.
(6) All medical marijuana shall be contained within the main building in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the registered primary caregiver, as reviewed and approved by the Village Police Department.
(7) All necessary building, electrical, plumbing, and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting and/or watering devices that support the cultivation, growing or harvesting of marijuana are located.
(8) If a room with windows is utilized as a growing location, any lighting methods that exceed usual residential periods between the hours of 11:00 p.m. to 7:00 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage that may create a distraction for adjacent residential properties.
(9) That portion of the residential structure where energy usage and heat exceeds typical residential use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Manchester Area Fire Department to insure compliance with the Michigan Fire Protection Code.
(10) The medical use of marijuana shall comply at all times and in all circumstances with the Michigan Medical Marijuana Act and the General Rules of the Michigan Department of Community Health adopted pursuant to the Act as they may be amended from time to time.
(11) A parcel of land for which a permit is issued under this section must be located outside of a 1,000-foot radius from any school, including child care or day care facility, to insure community compliance with federal “Drug-Free School Zone” requirements.
(12) A parcel of land for which a permit is issued under this section must be located outside of a 1,000-foot radius from any other registered primary caregiver.
(13) Not more than 1 primary caregiver shall be permitted to service qualifying patients on a parcel.
(14) Permits are non-transferable and shall only apply to the person listed on the permit.
(15) Permits shall be valid for a period of 1 year, and may be renewed if the home occupation is in compliance with the Act, the General Rules adopted pursuant to the Act, and the provisions of this chapter.
(D) Rights acquired. A registered primary caregiver who is in compliance with the Act, the General Rules adopted pursuant to the Act, and the requirements of this chapter, may obtain a medical marijuana home occupation permit under this chapter. Nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution, or possession of marijuana not in strict compliance with that Act and the General Rules. Also, since federal law is not affected by that Act or the General Rules, nothing in this chapter, or in any companion regulatory provision adopted in any other provision of this code, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law. The Michigan Medical Marijuana Act does not protect users, caregivers, or the owners of properties on which the medical use of marijuana is occurring from federal prosecution, or from having their property seized by federal authorities under the Federal Controlled Substances Act.
(Ord. 282, passed 2-6-2012)