A commercial medical marihuana facility issued a permit under this chapter and operating in the township shall at all times comply with the following operational requirements, which the Township Board may review and amend from time to time as it determines reasonable.
(A) Scope of operation. Commercial medical marihuana facilities shall comply with all respective applicable codes of the local zoning, building, and health departments, except to the extent and manner that they are inconsistent with the MMFLA or this chapter. The facility must hold a valid local permit and license for the type of commercial medical marihuana facility intended to be carried out on the permitted property. The facility operator, owner or licensee must have documentation available that local and state sales tax requirements, including holding any licenses, if applicable, are satisfied.
(B) Required documentation. Each commercial medical marihuana facility shall be operated from the permitted premises on the permitted property. No commercial medical marihuana facility shall be permitted to operate from a moveable, mobile or transitory location, except for a permitted and licensed secure transporter when engaged in the lawful transport of marihuana. No person under the age of 18 shall be allowed to enter into the permitted premises without a parent or legal guardian.
(C) Security. Permit holders shall at all times maintain a security system that meets state law requirements, and shall also include the following:
(1) Security surveillance cameras installed to monitor all entrances, along with the interior and exterior of the permitted premises;
(2) Robbery and burglary alarm systems which are professionally monitored and operated 24 hours a day, 7 days a week;
(3) A locking vault permanently affixed to the permitted premises that shall store all marihuana and cash remaining in the facility overnight, except for marihuana actively grown in a grower facility;
(4) All marihuana in whatever form stored at the permitted premises shall be kept in a secure manner and shall not be visible from outside the permitted premises, nor shall it be grown, processed, exchanged, displayed or dispensed outside the permitted premises; and
(5) All security recordings and documentation shall be preserved for at least 48 hours by the permit holder and made available to any law enforcement upon request for inspection.
(6) In addition, a secure transport facility shall also include the following security measures:
(a) The perimeter of the permitted premises shall be fenced;
(b) The permitted premises shall have exterior lighting, which shall be installed and shielded so as to not light any adjacent property;
(c) The permitted premises shall require access by using card readers for all entrances and exits; and
(d) Live security personnel shall be on the permitted premises 24 hours a day, seven days a week.
(D) Required spacing. No commercial medical marihuana facility shall be located within 1,000 feet from any educational institution or school, college or university, church, house of worship or other religious facility, public or private park, or other place of public assembly, if such uses are in existence at the time the facility is established, with the minimum distance between uses measured horizontally between the nearest property lines.
(E) Required road frontage. No commercial medical marihuana facility shall be located on any other road, street, or thoroughfare other than a Class A All-Season Road as designated by the Jackson County Road Commission.
(F) Amount of marihuana. The amount of marihuana on the permitted property and under the control of the permit holder, owner or operator of the facility shall not exceed that amount permitted by the license or the permit.
(G) Sale of marihuana. The marihuana offered for sale and distribution must be packaged and labeled in accordance with state law. The facility is prohibited from selling, soliciting or receiving orders for marihuana or marihuana products over the internet.
(H) Sign restrictions. No pictures, photographs, drawings or other depictions of marihuana or marihuana paraphernalia shall appear on the outside of any permitted premises nor be visible outside of the permitted premises on the permitted property. The words “marihuana,” “cannabis” and any other words used or intended to convey the presence or availability of marihuana shall not appear on the outside of the permitted premises nor be visible outside of the permitted premises on the permitted property.
(I) Use of marihuana. The sale, consumption or use of alcohol or tobacco products on the permitted premises is prohibited. Smoking or consumption of controlled substances, including marihuana, on the permitted premises is prohibited.
(J) Indoor operation. All activities of commercial medical marihuana facilities, including without limitation, distribution, growth, cultivation, or the sale of marihuana, and all other related activity permitted under the permit holder's license or permit must occur indoors. The facility's operation and design shall minimize any impact to adjacent uses, including the control of any odor by maintaining and operating an air filtration system so that no odor is detectable outside the permitted premises.
(K) Unpermitted growing. A patient may not grow his or her own marihuana at a commercial medical marihuana facility.
(L) Distribution. No person operating a facility shall provide or otherwise make available marihuana to any person who is not legally authorized to receive marihuana under state law.
(M) Permits. All necessary building, electrical, plumbing, and mechanical permits must be obtained for any part of the permitted premises in which electrical, wiring, lighting or watering devices that support the cultivation, growing, harvesting or testing of marihuana are located.
(N) Waste disposal. The permit holder, owner and operator of the facility shall use lawful methods in controlling waste or by-products from any activities allowed under the license or permit.
(O) Transportation. Marihuana may be transported by a secure transporter within the township under this chapter, and to effectuate its purpose, only:
(1) By persons who are otherwise authorized by state law to possess marihuana for medical purposes;
(2) In a manner consistent with all applicable state laws and rules, as amended;
(3) In a secure manner designed to prevent the loss of the marihuana;
(4) No vehicle used for the transportation or delivery of marihuana under this chapter shall have for markings the words “marihuana,” “cannabis” or any similar words; pictures or other renderings of the marihuana plant; advertisements for marihuana or for its sale, transfer, cultivation, delivery, transportation or manufacture, or any other word, phrase or symbol indicating or tending to indicate that the vehicle is transporting marihuana.
(5) No vehicle may be used for the ongoing or continuous storage of marihuana, but may only be used incidental to, and in furtherance of, the transportation of marihuana.
(6) All vehicles, when not in use, must be stored inside the permitted premise.
(P) Required insurance. The permit holder shall obtain a valid insurance policy consistent with this chapter and its application prior to commencement of construction or operation at the permitted premises. The permit holder shall maintain the valid insurance policy during operation of the commercial medical marihuana facility at the permitted premises consistent with this chapter.
(Q) Additional conditions. The Township Board may impose such reasonable terms and conditions on a commercial medical marihuana facility special use as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this chapter and applicable law.
(Ord. 2017-9, passed 10-9-2017)