(A) Purpose. The township finds that it is in the public interest to allow the permitting of state licensed medical marihuana facilities within its boundaries pursuant to Public Act 281 of 2016, the Medical Marihuana Facilities Licensing Act, being M.C.L.A. §§ 333.27101 et seq.
(B) Definitions, interpretations and conflicts.
(1) Any term defined by the Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016, being M.C.L.A. §§ 333.27101 et seq., shall have the definition given in the Medical Marihuana Facilities Licensing Act, as amended. If the definition of a word or phrase set forth in this appendix conflicts with the definition in the Medical Marihuana Facilities Licensing Act, or if a term is not defined but is defined in the Medical Marihuana Facilities Licensing Act, then the definition in the Medical Marihuana Facilities Licensing Act shall apply.
ACT. Public Act 281 of 2016, being M.C.L.A. §§ 333.27101 et seq., the Medical Marihuana Facilities Licensing Act.
APPLICANT. A person who applies for a license under this regulation. If an entity applies for a license, the term includes an officer, director or managerial employee of the entity when appropriate.
GROWER. A licensee that is a commercial entity located in this state that cultivates, dries, trims or cures and packages marihuana for sale to a processor or provisioning center.
MARIHUANA-INFUSED PRODUCT. A topical formulation, tincture, beverage, edible substance or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation.
MEDICAL MARIHUANA FACILITY. A location at which a license holder is licensed to operate under the Act.
ORDINANCE. This appendix.
PERMIT. A current and valid permit for a medical marihuana facility issued under this appendix, which shall be granted to an applicant only for and limited to a specific medical marihuana facility.
PERMIT APPLICATION. An application for a permit under this appendix and includes all supplemental documentation attached or required to be attached thereto.
PERMIT HOLDER. The person that holds a current and valid permit issued under this appendix.
PERMITTED PREMISES. The particular building or buildings within which the permit holder will be authorized to conduct the medical marihuana facility’s activities pursuant to the permit.
PROCESSOR. A licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in package form to a provisioning center.
PROVISIONING CENTER. A licensee that is a commercial entity located in this state that purchases marihuana from a grower or processor and sells, supplies or provides marihuana to registered qualifying patients directly, or through the patients’ registered primary caregivers. PROVISIONING CENTER includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the department’s marihuana registration process in accordance with the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, being M.C.L.A. §§ 333.26421 to 333.26430, is not a provisioning center for purposes of the Act or this chapter.
SAFETY COMPLIANCE FACILITY. A licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the results, and may return the marihuana to the marihuana facility.
SECURE TRANSPORTER. A licensee that is a commercial entity located in this state that stores marihuana and transports marihuana between marihuana facilities for a fee.
STATE OPERATING LICENSE. A license that is issued under the Act that allows the licensee to operate as marihuana facilities.
(2) Any term defined by the Medical Marihuana Facilities Licensing Act and not defined in this appendix shall have the definition given in the Medical Marihuana Facilities Licensing Act.
(3) Nothing in this appendix shall be construed in such a manner as to conflict with existing Spaulding Township ordinances except as otherwise stated herein
(C) Applicability, permits, number of permits, eligibility and enabling provision.
(1) Pursuant to § 205(1) of the Act, the township will authorize permits for the following types of marihuana facilities:
(a) Growers, Class A;
(b) Growers, Class B;
(c) Growers, Class C;
(d) Processors;
(e) Provisioning centers;
(f) Secure transporters; and
(g) Safety compliance facilities.
(2) The number of permits in effect at any time shall not exceed the following maximums within the township:
(a) Fifty cumulative permits for growers, Class A, B and C;
(b) Processors: two;
(c) Provisioning centers: two;
(d) Safety compliance facilities: two; and
(e) Secure transporters: two.
(3) No person or entity that was open or operating any facility purporting to produce, manufacture, test, transfer or transport medical marihuana or marihuana prior to the adoption of this appendix by the Township Council shall be considered a lawful use or lawful nonconforming use.
(4) This section does not apply to, or regulate, any protected patient or caregiver conduct pursuant to the Michigan Medical Marihuana Act of 2008.
(D) Special use permit requirement.
(1) All medical marihuana facilities are subject to review and approval by the Planning Commission in accordance with the zoning regulations of Chapter 156 of this code of ordinances.
(2) Any person or entity that wishes to operate as a marihuana facility in the township shall obtain a permit and must obtain a state operating license prior to opening or operating.
(3) The application and inspection fee for the permit required by this section shall be as set from time to time by the township by resolution.
(4) In addition to an annual reapplication and inspection fee, the township shall assess an annual fee in the amount of $5,000 to defray the costs incurred by the township for inspection, administration and enforcement costs associated with the operation of the marihuana facilities operating in the township.
(5) No permit issued under this section shall be transferrable unless first approved by the state medical marihuana licensing board.
(6) All permits issued under this section shall be renewed annually and subject to annual inspection and renewal fees as set from time to time by the township by resolution.
(7) The township may limit the number of permits issued under this section, and may revise this limit from time to time.
(8) No person or entity that has opened or operated a facility doing business or purporting to do business under this chapter or the Act without first obtaining a permit shall be eligible for a permit.
(9) A person or entity that receives a permit under this chapter shall display its permit and, when issued, its state operating license in plain view clearly visible to township officials and State Medical Marihuana Licensing Board authorized agents.
(E) Location requirements.
(1) Processors must be located in the C-1, C-2 or M Zoning District.
(2) Provisioning centers must be located in the C-1, C-2 or M Zoning District.
(3) Growers must be located in the M Industrial Zoning District.
(4) Safety compliance facilities must be located in the C-1, C-2 or M Zoning District.
(5) Secure transporters must be located in the C-1, C-2 or M Zoning District.
(6) No provisioning center shall be located within 1,000 feet of a public or private elementary or secondary school.
(7) The applicant location shall meet all applicable written and duly promulgated standards of the township and, prior to opening, shall demonstrate to the township that it meets the rules and regulations promulgated by the State Medical Marihuana Facilities Licensing Board.
(8) The applicant location shall conform to all standards of the zoning district which it is located.
(9) No person shall reside or permit any person to reside in or on the premises of a medical marihuana facility.
(F) Operational requirements.
(1) Generally. A medical marihuana facility issued a permit under this appendix and operating in the township shall at all times comply with the following operational requirements, which the township may review and amend from time to time as it determines reasonable.
(2) Scope of operation. Medical marihuana facilities shall comply with all respective codes of the local Zoning, Building and Health Departments. The marihuana facility must hold a valid permit and state operating license for the type of medical marihuana facility intended to be carried out on the property. Medical marihuana facilities shall comply with all applicable state laws.
(3) Security. Permit holders shall at all times maintain a security system that includes the following:
(a) Security surveillance cameras installed to monitor all entrances, along with the interior and exterior of the property;
(b) Robbery and burglary alarm systems which are monitored and operated 24 hours per day; and
(c) All medical marihuana in whatever form stored at the property shall be kept in a secure manner and shall not be visible from outside the property.
(4) Operating hours. No provisioning center shall operate between the hours of 8:00 p.m. and 8:00 a.m., Monday through Saturday with no hours of operation to be held on Sunday unless otherwise determined by the Planning Commission.
(5) Sign restrictions. It shall be prohibited for any medical marihuana facilities to display any signs that are inconsistent with local laws, regulations or any other applicable laws. No pictures, photographs, drawings or other depictions of medical marihuana shall appear on the outside of any property nor be visible outside the 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 property.
(6) 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 medical marihuana, on the permitted premises is prohibited.
(7) Disposal. The disposal of medical marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it.
(8) Packaged and labeled. All medical marihuana delivered to a patient shall be packaged and labeled as provided by applicable laws.
(9) Additional conditions. The Planning Commission may impose such reasonable terms and conditions on a medical marihuana facility’s special use as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this appendix and applicable law.
(G) Application for and renewal of permits.
(1) Application. An application for a permit for a medical marihuana facility shall be submitted to the Clerk, and shall contain the following information:
(a) The name, address and phone number of the proposed applicant and the proposed marihuana facility;
(b) The names, addresses and phone numbers for all owners, directors, officers and managers of the applicant and the marihuana facility;
(c) If the disclosed entity is a trust, the application shall disclose the names and addresses of the beneficiaries; if a corporation, the names and addresses of all shareholders, officers and directors; if a partnership or limited liability partnership, the names and addresses of all partners; if a limited partnership or limited liability limited partnership, the names of all partners, both general and limited; or if a limited liability company, the names and addresses of all members and managers;
(d) The appropriate non-refundable application fee and the nonrefundable licensing fee in the amount determined by the township;
(e) The address of the proposed medical marihuana facility, proof of ownership of the proposed location where the medical marihuana facility is to be operated or a copy of the lease for the premises, indicating use of the premises in a manner requiring licensure under this appendix, and any additional contact information deemed necessary and requested by the township;
(f) Proof of an adequate premises liability and casualty insurance policy in the amount not exceeding the requirements addressed in the Medical Marihuana Facilities Licensing Act or applicable state laws;
(g) Any other information required by the Act and deemed by the township to be required for consideration of a permit; and
(h) The Township Board shall not consider an incomplete application but shall, within a reasonable time, return the application to the applicant with notification of the deficiency and instructions for submitting a corrected application.
(2) Renewal. The same requirements that apply to all new applications for a permit apply to all renewal applications. Renewal applications shall require township approval and shall be submitted to and received by the Clerk prior to expiration of the permit.
(H) Revocation and review.
(1) A permit granted under this section may be revoked for any of the following reasons:
(a) Any fraud or misrepresentation contained in the permit application;
(b) Any known violation of this appendix or conditions of the approval of the special use permit;
(c) Loss of the applicant’s Michigan operating license;
(d) Failure of the applicant to obtain a Michigan operating license within a reasonable time after obtaining a permit under this section; and
(e) Conducting business in an unlawful manner or in such a way as to constitute a menace to the health, safety or general welfare of the public.
(2) Upon approval of a special use permit for any facility, the Planning Commission shall transmit their action to the Township Board. The Township Board shall, upon receipt of a complete permit application and approval by the Planning Commission along with all required fees, approve or deny the permit application within 120 days, or within 150 days if the location of the permitted premises is proposed to be amended. The processing time may be extended upon written notice by the township for good cause, and any failure to meet the required processing time shall not result in the automatic granting of the permit. Any denial must be in writing and must state the reason(s) for denial. Any final denial of a permit may be appealed to a court of competent jurisdiction; provided that, the pendency of an appeal shall not stay or extend the expiration of any permit. The township has no obligation to process or approve any incomplete permit application, and any times provided under this appendix shall not begin to run until the township receives a complete permit application, as determined by the Township Board. A determination of a complete permit application shall not prohibit the township from requiring supplemental information.
(Ord. passed 8-23-2018)