(A) Individuals who are "qualifying patients" or "primary caregivers" as those terms are used in the Michigan Medical Marihuana Act shall comply with the requirements set forth in the Act and the requirements set forth herein.
(B) The term "enclosed, locked facility" means a closet, room, or other comparable, stationary, and fully enclosed area equipped with secured locks or other functioning security devices that permit access only by a registered primary caregiver or registered qualifying patient. Marijuana plants grown outdoors are considered to be in an enclosed, locked facility if they are not visible to the unaided eye from an adjacent property when viewed by an individual at ground level or from a permanent structure and are grown within a stationary structure that is enclosed on all sides, except for the base, by chain-link fencing, wooden slats, or a similar material that prevents access by the general public and that is anchored, attached, or affixed to the ground; located on land that is owned, leased, or rented by either the registered qualifying patient or a person designated through the state registration process as the primary caregiver for the registered qualifying patient or patients for whom the marijuana plants are grown; and equipped with functioning locks or other security devices that restrict access to only the registered qualifying patient or the registered primary caregiver who owns, leases, or rents the property on which the structure is located. Enclosed, locked facility includes a motor vehicle if both of the following conditions are met:
(1) The vehicle is being used temporarily to transport living marijuana plants from one location to another with the intent to permanently retain those plants at the second location.
(2) An individual is not inside the vehicle unless he or she is either the registered qualifying patient to whom the living marijuana plants belong or the individual designated through the departmental registration process as the primary caregiver for the registered qualifying patient.
(C) A person who has been issued and possesses a lawful registry identification card as a qualifying patient as set forth in the Act shall comply with the following requirements:
(1) A qualifying patient who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty for the medical use of marijuana in accordance with state law, provided that the qualifying patient possesses an amount of marijuana that does not exceed 2.5 ounces of usable marijuana, and, if the qualifying patient has not specified that a primary caregiver will be allowed under state law to cultivate marijuana for the qualifying patient, 12 marijuana plants kept in an enclosed, locked facility. Any incidental amount of seeds, stalks, and unusable roots shall also be allowed and shall not be included in this amount. The privilege from arrest under this subsection applies only if the qualifying patient presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the qualifying patient.
(2) A qualifying patient may grow and process medical marijuana in compliance with the Act in one enclosed, locked facility within or upon an owner-occupied, detached single-family residential dwelling/premises where the qualifying patient lives and which is the qualifying patient's residence pursuant to Michigan law, or in another location specifically permitted by law or ordinance, so that growing and processing does not occur in multiple locations.
(3) Storage of medical marijuana by a qualifying patient shall only occur within one enclosed, locked facility at the primary residence of the qualifying patient or in another location specifically permitted by law or ordinance so that storage does not occur in multiple locations.
(4) No person other than the qualifying patient shall be engaged or involved in the growing, processing, or handling of medical marijuana, except as permitted by law or ordinance for primary caregivers.
(5) Use of the qualifying patient's residential dwelling for medical marijuana related purposes shall be clearly incidental and subordinate to its use for single-family residential purposes. Not more than 25% of the gross finished floor area of the dwelling or 200 square feet of floor area of the dwelling, whichever is less, shall be used for the growing, processing, and handling of medical marijuana. Any modifications to the dwelling made for the purpose of cultivating medical marijuana shall comply with all applicable building, electrical, mechanical, and fire safety code requirements, including all requisite permit applications and related inspections. No part of an accessory building, detached garage, pole barn, or similar building or structure shall be used for the growing, processing, or distribution of medical marijuana unless such building or structure has been inspected and approved for the building, electrical, mechanical, and fire safety requirements of such use and fits the definition of an enclosed, locked facility.
(6) A qualifying patient may possess on his or her person and under the qualifying patient's exclusive control an amount of medical marijuana deemed medically necessary to alleviate the condition that gave rise to the qualifying patient's registration with the state.
(7) Should a qualifying patient wish to dispose of any usable marijuana as defined in the Act, the usable marijuana shall be removed by a commercial drug disposal carrier registered with the United States Drug Enforcement Administration and/or the state for proper disposal in a manner prescribed by law and regulation. Under no circumstance shall a qualifying patient dispose of any usable marijuana through a regular garbage receptacle, public waste retrieval service, public sewer system, or by burning. Unusable material and paraphernalia relating to medical marijuana may be discarded with other household waste for pickup by the public waste retrieval service, but shall be securely within a proper garbage bag or other receptacle and shall not be visible or exposed at any time prior to retrieval by the service.
(8) There shall be no visible change to the outside appearance of the qualifying patient's residential property or other visible evidence of the conduct of the medical marijuana operation occurring on the property.
(9) No marijuana, marijuana plants, marijuana paraphernalia, or plant growing apparatus shall be visible from the exterior of the dwelling.
(10) No sign in the form of a device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying a particular dwelling or property as being associated with the use or cultivation of medical marijuana or marijuana in general shall be visible from any location outside of the residential dwelling.
(11) No equipment or process shall be used in growing, processing, or handling medical marijuana which creates noise, vibration, glare, light, fumes, odors, or electrical interference detectable to the normal senses at or beyond the property line of the qualifying patient's residential property. In case of electrical interference, no equipment or process shall be used which creates visual or audible interference with any radio, television, or similar receiver off the premises or causes fluctuation of line voltage off the premises.
(12) The growing, processing, distribution, sale, and handling of medical marijuana shall comply at all times with the Act and any applicable regulations or requirements by the Michigan Department of Community Health or any other Michigan agency.
(D) A person who has been issued and possesses a lawful registry identification card as a primary caregiver as set forth in the Act shall comply with the following requirements:
(1) A primary caregiver who has been issued and possesses a registry identification card shall not be subject to arrest, prosecution, or penalty for assisting a qualifying patient to whom he or she is connected through the state's registration process with the medical use of marijuana in accordance with state law. The privilege from arrest under this subsection applies only if the primary caregiver presents both his or her registry identification card and a valid driver license or government-issued identification card that bears a photographic image of the primary caregiver. This subsection applies only if the primary caregiver possesses an amount of marijuana that does not exceed:
(a) 2.5 ounces of usable marijuana for each qualifying patient to whom he or she is connected through the state's registration process; and
(b) For each registered qualifying patient who has specified that the primary caregiver will be allowed under state law to cultivate marijuana for the qualifying patient, 12 marijuana plants kept in an enclosed, locked facility; and
(c) Any incidental amount of seeds, stalks, and unusable roots.
(2) A primary caregiver may grow and process medical marijuana in compliance with the Act in one enclosed, locked facility within or upon an owner-occupied, detached single-family residential dwelling/premises where the primary caregiver lives and which is the primary caregiver's residence pursuant to Michigan law, or in another location specifically permitted by law or ordinance, so that growing and processing does not occur in multiple locations.
(3) No person other than the primary caregiver shall be engaged or involved in the growing, processing, dispensing, delivery, or handling of marijuana, except to the extent that the primary caregiver lawfully transfers medical marijuana to a qualifying patient to whom the primary caregiver is linked through the state registration system.
(4) Use of the primary caregiver's residential dwelling for medical marijuana related purposes shall be clearly incidental and subordinate to its use for single-family residential purposes. Not more than 25% of the gross finished floor area of the dwelling or 200 square feet of floor area of the dwelling, whichever is less, shall be used for the growing, processing, and handling of medical marijuana. Any modifications to the dwelling made for the purpose of cultivating medical marijuana shall comply with all applicable building, electrical, mechanical, and fire safety code requirements, including all requisite permit applications and related inspections. No part of an accessory building, detached garage, pole barn, or similar building or structure shall be used for the growing, processing, or distribution of medical marijuana unless such building or structure has been inspected and approved for the building, electrical, mechanical, and fire safety requirements of such use and fits the definition of an enclosed, locked facility.
(5) No qualifying patient shall visit, come to, or be present at the primary caregiver's residence to purchase, smoke, consume, obtain, or receive possession of any marijuana. Rather, the primary caregiver must personally deliver the marijuana to his/her qualifying patient. No person may deliver medical marijuana to a qualifying patient other than the primary caregiver linked through the state registry system to that qualifying patient.
(6) There shall be no visible change to the outside appearance of the primary caregiver's residential property or other visible evidence of the conduct of the medical marijuana operation occurring on the property.
(7) No marijuana, marijuana plants, marijuana paraphernalia, or plant growing apparatus shall be visible from the exterior of the dwelling.
(8) No equipment or process shall be used in growing, processing, or handling medical marijuana which creates noise, vibration, glare, light, fumes, odors, or electrical interference detectable to the normal senses at or beyond the property line of the primary caregiver's residential property. In case of electrical interference, no equipment or process shall be used which creates visual or audible interference with any radio, television, or similar receiver off the premises or causes fluctuation of line voltage off the premises.
(9) The growing, processing, distribution, sale, and handling of medical marijuana shall comply at all times with the Act and any applicable regulations or requirements by the Michigan Department of Community Health or any other Michigan agency.
(10) All medical marijuana shall be contained within the primary caregiver's enclosed, locked facility, except when being lawfully delivered by the primary caregiver to a qualifying patient off site or being used by the primary caregiver as a qualifying patient. Manufacturing and storage of medical marijuana shall only be allowed inside one enclosed, locked facility at any given time so that manufacturing and storage does not occur in multiple locations.
(11) No on-site consumption or smoking of marijuana is allowed on a primary caregiver's residential property except for any medical marijuana consumption in compliance with the Act by qualifying patients who reside at that location.
(12) No sign in the form of a device, structure, fixture, or placard using graphics, symbols, and/or written copy designed specifically for the purpose of advertising or identifying a particular dwelling or property as being associated with the use or cultivation of medical marijuana or marijuana in general shall be visible from any location outside of the residential dwelling.
(13) Under no circumstances shall any third parties have access to the enclosed, locked facility where medical marijuana is being manufactured and/or stored.
(14) The residential premises upon which a primary caregiver cultivates medical marijuana shall not be a location at which any other commodity, product, or service is also sold, distributed, or otherwise available. It shall be a violation of this section for any person to participate as a primary caregiver in a jointly operated facility where primary caregivers jointly share building space which is used in common to dispense medical marijuana to qualifying patients or assist qualifying patients with the medical use of marijuana. Use "in common," as that phrase is used in this subdivision, shall include a shared or common reception area or shared or common customer service area.
(15) Medical marijuana dispensaries and cooperatives are prohibited.
(16) Should a primary caregiver wish to dispose of any usable marijuana as defined in the Act, the usable marijuana shall be removed by a commercial drug disposal carrier registered with the United States Drug Enforcement Administration and/or the state for proper disposal in a manner prescribed by law and regulation. Under no circumstance shall a primary caregiver dispose of any usable marijuana through a regular garbage receptacle, public waste retrieval service, public sewer system, or by burning. Unusable material and paraphernalia relating to medical marijuana may be discarded with other household waste for pickup by the public waste retrieval service, but shall be securely within a proper garbage bag or other receptacle and shall not be visible or exposed at any time prior to retrieval by the service.
(E) This section shall not permit any person to do any of the following:
(1) Undertake any task under the influence of marijuana, when doing so would constitute negligence or professional malpractice.
(2) Possess marijuana, or otherwise engage in the medical use of marijuana:
(a) In a school bus;
(b) On the grounds of any preschool or primary or secondary school; or
(c) In any correctional facility.
(3) Smoke marijuana:
(a) On any form of public transportation; or
(b) In any public place.
(4) Operate, navigate, or be in actual physical control of any motor vehicle, aircraft, or motorboat while under the influence of marijuana.
(5) Use marijuana if that person does not have a serious or debilitating medical condition.
(F) There shall be a presumption that a qualifying patient or primary caregiver is engaged in the medical use of marijuana in accordance with the Act and this section if the qualifying patient or primary caregiver:
(1) Is in possession of a registry identification card; and
(2) Is in possession of an amount of marijuana that does not exceed the amount allowed under the Act or this section. The presumption may be rebutted by evidence that conduct related to marijuana was not for the purpose of alleviating the qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition, in accordance with this section.
(G) Fraudulent representation to a law enforcement official of any fact or circumstance relating to the medical use of marijuana to avoid arrest or prosecution shall be a misdemeanor punishable by a fine of $500, which shall be in addition to any other penalties that may apply for making a false statement or for the use of marijuana other than use undertaken pursuant to this section or state law.
(H) No person shall transport or possess usable marijuana as defined in the Act in or upon a motor vehicle or any self-propelled vehicle designed for land travel unless the useable marijuana is either:
(1) Enclosed in a case that is carried in the trunk of the vehicle; or
(2) Enclosed in a case that is not readily accessible from the interior of the vehicle in vehicles which do not have a trunk.
(I) A person who violates division (H) is guilty of a misdemeanor punishable by imprisonment for not more than 93 days or a fine of not more than $500, or both.
(Ord. No. 436, § 2, 8-19-14)
Statutory reference:
Medical Marihuana Act, see M.C.L. §§ 333.26421 et seq.
Transportation of medical marijuana, see M.C.L § 750.474.