The following regulations shall apply to all medical marijuana home uses within the township.
(A) No person may engage in the activities of a primary caregiver in a residential district unless a qualifying patient also resides in the home. The primary caregiver may only grow plants for use by the qualifying patient and the primary caregiver if he or she is also a qualifying patient.
(B) A person engaging in the activities of a primary caregiver in a residential district may only grow marijuana plants in his or her primary residence.
(C) No more than 24 marijuana plants may be grown in a medical marijuana home use, this number being 12 plants for a registered qualifying patient, not including the caregiver, plus 12 plants if the primary caregiver is also a registered qualifying patient. The plants maintained for each qualifying patient must be kept in a separate locked facility, as defined by the MMMA, and accessible only to the primary caregiver and the qualifying patient.
(D) A primary caregiver, on behalf of a qualifying patient with whom the primary caregiver resides, may possess an amount of medical marijuana that does not exceed two and one-half ounces of usable marijuana (and an additional two and one-half ounces if the primary caregiver is also a qualifying patient), plus an incidental amount of seeds, stalks, and roots.
(E) The use of the dwelling unit as a medical marijuana home use must be clearly incidental and subordinate to its use for residential purposes, and no more than 20% of the gross floor area of the dwelling may be used in any way for the medical marijuana home use.
(F) No change may occur to the outside appearance of the dwelling and no signs may be posted on the dwelling or lot advertising the medical marijuana home use.
(G) Equipment not normally used for purely domestic or household purposes or any portion of the dwelling where energy use and heat generation resulting from the growth of marijuana exceeds levels reasonably attributable to residential uses are permitted if the Zoning Administrator or his or her designee approves such use. The Zoning Administrator must approve of such use if he or she is satisfied that the intensity of use will not be increased to a level that will adversely impact any lot within 300 feet of the dwelling, and that any energy use and heat generation resulting from the growth of marijuana exceeding levels reasonably attributable to residential uses has been approved by the township’s Fire Chief and the Township Building Inspector.
(H) No activity related to the medical marijuana home use occurring on the premises may adversely impact the surrounding neighborhood or the right of surrounding residents to quiet enjoyment of their property including, but not limited to, the creation of noise, vibrations, odors, heat, glare, unnatural light, or electrical interference detectable beyond the property line.
(I) Storage and manufacture of medical marijuana shall only be permitted inside of an enclosed, locked facility such as a closet, room, or other closed area equipped with locks or other security devices that only permit access by the qualifying patient or registered primary caregiver.
(J) Qualifying patients and their primary caregivers may be subject to prosecution under federal laws relating to the possession and distribution of controlled substances and the township accepts no legal liability in connection with the approval and operation of the medical marijuana home use; and
(K) There is no authorization for marijuana-related stores, dispensaries, cooperatives, or other businesses that do not meet the regulations set by this subchapter for a medical marijuana home use or medical marijuana caregiver grow facility, and may not market to a wide customer base (see Michigan Attorney General Opinion No. 7259 of 2011).
(Ord. 5, passed 1-18-1973)