(A) A registered primary caregiver, as defined by and in compliance with the general rules of the state’s Department of Community Health, Michigan Administrative Code, R 333.201 through R 333.203 (the “general rules”), the state’s Medical Marijuana Act, PA 2008, Initiated Law 1, being M.C.L.A. §§ 333.26421 et seq. (the “Act”), and the requirements of this section, shall be allowed as a home occupation.
(B) (1) Nothing in this section, or, in any companion regulatory section adopted in any other provision of this chapter, is intended to grant, nor shall they be construed as granting immunity from prosecution for growing, selling, consuming, using, distributing or possession of marijuana where otherwise prohibited by law.
(2) Since federal law is not affected by the Act or the general rules, nothing in this section or in any other provision of this chapter, is intended to grant, nor shall they be construed as granting immunity from criminal prosecution under federal law. The Act does not protect users, caregivers or the owners of properties on which medical use of marijuana is occurring from federal prosecution or from having property seized by federal authorities under the Federal Controlled Substances Act, being 21 U.S.C. §§ 801 et seq. or other applicable law.
(C) In addition to the regulations for all home occupations contained in this chapter, the following additional requirements for a registered primary caregiver shall also apply.
(1) The medical use of marijuana shall comply at all times and in all circumstances with the state’s Medical Marijuana Act and the general rules of the state’s Department of Community Health, as they may be amended from time to time.
(2) Not more than one primary caregiver per dwelling unit shall be permitted. The dwelling unit shall be the principal residence of the primary caregiver.
(3) Medical marijuana shall be delivered to the qualifying patient where the qualifying patient resides. Pick up of medical marijuana from the primary caregiver’s dwelling is prohibited. Transactions relating to compensation of costs associated with assisting a qualifying patient are prohibited from occurring at the primary caregiver’s dwelling.
(4) All medical marijuana shall be grown and contained within the dwelling unit, and such uses shall occur within the dwelling in an enclosed, locked facility inaccessible on three sides and equipped with locks or other security devices that permit access only by the registered primary caregiver or qualifying patient, as reviewed and approved by the township’s Building Official.
(5) A registered primary caregiver shall not display a sign associated with the home occupation.
(Ord. passed 7-12-2012, § 8.6) Penalty, see § 154.999