§ 111.32 NO IMMUNITY OR INDEMNIFICATION.

   (A)   (1)   All persons holding a license issued pursuant to the provisions of this subchapter shall comply with all applicable federal, state and local laws, statutes, ordinances, rules and regulations.

      (2)   Failure to comply with any of the aforesaid laws, statutes, ordinances, rules or regulations is considered sufficient grounds for the denial of a license or the suspension or revocation of a license issued pursuant to the provisions of this subchapter.

   (B)   A medical marihuana caregiver in compliance with the general rules of the Michigan Department of Community Health, the Michigan Medical Marihuana Act, Public Act of 2008, Initiated Law, M.C.L.A. § 333.26423, as amended, all other applicable state statutes and regulations and the requirements of this subchapter, shall be allowed to act/operate as a medical marihuana caregiver.

      (1)   Nothing in this subchapter, or in any companion regulatory provision adopted in any other provision of any other township ordinance, is intended to grant, nor shall it be construed as granting, immunity from criminal prosecution for growing, sale, consumption, use, distribution or possession of marihuana not in strict compliance with any of the aforesaid statutes, regulations or ordinances.

      (2)   Also, since federal law is not affected by any of the aforesaid statutes, regulations or ordinances, nothing in this subchapter, or in any companion regulatory provision adopted in any other provision of any other township ordinance, is intended to grant, nor shall they be construed as granting, immunity from criminal prosecution under federal law.

      (3)   The Michigan Medical Marihuana Act does not protect users, caregivers or the owners of properties on which the medical use of marihuana is occurring from federal prosecution, or from having his, her or their property seized by federal authorities under the federal Controlled Substances Act.

(Ord. 07-21-20B, passed 7-21-2020) Penalty, see § 111.99

§ 111.33 CONFLICT WITH OTHER LAWS OR PROVISIONS; PENDING PROCEEDINGS.

   (A)   If any provision of this subchapter differs from a provision of any other applicable law, ordinance, rule or regulation, both the provision of this subchapter and the differing provision shall apply, if possible. If the two provisions are in conflict, then the provision establishing the higher or stricter standard shall apply.

   (B)   Nothing in this subchapter shall be construed to affect any suit or proceeding impending in any court, or any rights acquired, or liability incurred, or any cause or causes of action acquired or existing, under any act or ordinance hereby repealed as cited in § 111.32; nor shall any just or legal right or remedy of any character be lost, impaired or affected by this subchapter.

(Ord. 07-21-20B, passed 7-21-2020)

§ 111.99 PENALTY.

   (A)   Any person who disobeys, violates, neglects or refuses to comply with any provision of §§ 111.01 through 111.05 or who causes allows or consents to any of the same shall be deemed to be responsible for the violation of this chapter. A violation of §§ 111.01 through 111.05 is deemed to be a nuisance per se.

      (1)   A violation of §§ 111.01 through 111.05 is a municipal civil infraction, for which the fines shall be not more than $500, in the discretion of the Court. The foregoing sanctions shall be in addition to the rights of the township to proceed at law or equity with other appropriate and proper remedies. Additionally, the violator shall pay the township’s costs which may include all expenses, direct and indirect which the township incurs in connection with the municipal civil infraction, including, but not limited to, the attorney fee incurred by the township in connection with the municipal civil infraction.

      (2)   Each day during which any violation of §§ 111.01 through 111.05 continues shall be deemed a separate offense.

      (3)   In addition, the township may seek injunctive relief against a person or persons alleged to be in violation of §§ 111.01 through 111.05 , and such other relief as may be provided by law.

      (4)   Sections 111.01 through 111.05 shall be administered and enforced by the Ordinance Enforcement Officer of the township or by such other person(s) as designated by the Township Board from time to time.

   (B)   (1)   Any person who violates any provision of §§ 111.20 through 111.33 shall be deemed responsible for a municipal civil infraction and fined in accordance with the following schedule.

 

Offense Number	Minimum Fine	Maximum Fee
1st offense within 3-year period	$75	$500
2nd offense within 3-year period	$150	$500
3rd offense within 3-year period	$325	$500
4th offense within 3-year period	$500	$500
*Determined on the basis of the date of commission of the offense(s)

 

      (2)   Additionally, the violator shall pay costs which may include all expenses, direct and indirect, to which the township has incurred in connection with the municipal civil infraction, including the actual attorney’s fees incurred by the township in prosecuting the municipal civil infraction. In addition, the township shall have the right to proceed in any court of competent jurisdiction for the purpose of obtaining an injunction, restraining order or other appropriate remedy to compel compliance with this subchapter. Each day that a violation of this subchapter continues to exist shall constitute a separate violation of this subchapter.

(Ord. 5-21-19, passed 5-21-2019; Ord. 7-21-20C, passed 10-20-2020; Ord. 10-20-20, passed 10-20-2020)