(A) Scope of primary caregiver operation. Only one primary caregiver is permitted to operate within any primary caregiver operation.
(B) Required spacing. A primary caregiver operation shall not be within 1,000 feet from any school, 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 operation is established, with the minimum distance between uses measured horizontally between the nearest points of each property line.
(C) Amount of marihuana. The amount of marihuana on the property and under the control of the primary caregiver operating the primary caregiver operation may be no more than 12 marihuana plants and no more than 2.5 ounces of usable marihuana per patient to whom the primary caregiver is lawfully connected, up to a maximum of five patients, 60 marihuana plants and 12.5 ounces of usable marihuana per caregiver. A primary caregiver who is also registered as a patient may grow an additional 12 marihuana plants and maintain 2.5 ounces of usable marihuana for himself. The primary caregiver operating the primary caregiver operation must specify the name and address of the place where all portions exceeding the amount permitted by law shall be disposed.
(D) Storage of marihuana. All marihuana must be contained within a separate enclosed, locked facility for each patient to whom the primary caregiver is lawfully connected, in accordance with the MMMA, M.C.L.A. 333.26421 et seq. The primary caregiver operation shall have secure windows and doors and the primary caregiver shall implement security measures to prevent theft of stored marihuana.
(E) Use of marihuana. Smoking or consumption of controlled substances, including marihuana, shall be prohibited on the site of the primary caregiver operation.
(F) Indoor operation. Distribution, growth or cultivation of medical marihuana, and all other related activity, must occur indoors. The primary caregiver operation'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 primary caregiver operation.
(G) Unpermitted growing. A patient may not grow his or her own marihuana at a primary caregiver operation, except as provided in division (C).
(H) Permits. A primary caregiver operation must obtain all necessary building, electrical, plumbing, and mechanical permits for any part of the structure in which electrical, wiring, lighting, or watering devices that support the cultivation, growing, or harvesting of marihuana are located.
(I) Distribution of marihuana. No person operating a primary caregiver operation shall provide or otherwise make available medical marihuana to any person who is not a patient legally connected to that primary caregiver.
(J) Inspections. Primary caregiver facilities are subject to random and unannounced examinations of the primary caregiver operation and all articles of property in that facility at any time to ensure compliance with this chapter, any other local regulations, and state law.
(Ord. 2017-9, passed 10-9-2017)