(A) It is the intent of this chapter to authorize the establishment of certain types of medical marihuana facilities in the Village of Union City and provide for the adoption of reasonable restrictions to protect the public health, safety, and general welfare of the community at large; retain the character of neighborhoods; and mitigate potential impacts on surrounding properties and persons. It is also the intent of this chapter to help defray administrative and enforcement costs associated with the operation of a marihuana facility in the village through imposition of an annual, non refundable fee of not more than $5,000 on each medical marihuana facility permit. Authority for the enactment of these provisions is set forth in the Medical Marihuana Facilities Licensing Act, M.C.L.A §§ 333.27101 et seq.
(B) Nothing in this chapter is intended to grant immunity from criminal or civil prosecution, penalty, or sanction for the cultivation, manufacture, possession, use, sale, or distribution of marihuana, in any form, that is not in compliance with the Michigan Medical Marihuana Act, Initiated Law 1 of 2008, M.C.L.A. §§ 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.27101 et seq.; the Marihuana Tracking Act, M.C.L.A. §§ 333.27901 et seq.; and all other applicable rules promulgated by the State of Michigan.
(C) As of the effective date of this chapter, marihuana remains classified as a Schedule 1 controlled substance under the Federal Controlled Substances Act, 21 U.S.C. §§ 801 et seq., which makes it unlawful to manufacture, distribute, or dispense marihuana, or possess marihuana with intent to manufacture, distribute, or dispense marihuana. Nothing in this chapter is intended to grant immunity from any criminal prosecution under federal laws.
(Ord. 95.00, passed 6-10-2019)
(A) For the purpose of this chapter, the following definitions shall apply unless the context clearly indicates or requires a different meaning.
(B) Any term defined by the Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq., shall have the definition given in the Michigan Medical Marihuana Act.
(C) Any term defined by the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.27101 et seq., shall have the definition given in the Medical Marihuana Facilities Licensing Act.
(D) Any term defined by the Marihuana Tracking Act, M.C.L.A. §§ 333.27901 et seq., shall have the definition given in the Marihuana Tracking Act.
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.
LICENSEE. A person holding a state operating license issued under the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.27101 et seq.
MARIJUANA OR MARIHUANA. That term as defined in the Public Health Code, M.C.L.A. §§ 333.1101 et seq.; the Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq.; the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.27101 et seq.; and the Marihuana Tracking Act, M.C.L.A. §§ 333.27901 et seq.
MARIHUANA FACILITY. An enterprise at a specific location at which a licensee is licensed to operate under the Medical Marihuana Facilities Licensing Act, M.C.L.A. §§ 333.27101 et seq., including a marihuana grower, marihuana processor, marihuana provisioning center, marihuana secure transporter, or marihuana safety compliance facility. The term does not include or apply to a "primary caregiver" or "caregiver" as that term is defined in the Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq.
PERSON. An individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity.
PROCESSOR. A licensee that is a commercial entity located in Michigan that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center.
PROVISIONING CENTER. A licensee that is a commercial entity located in Michigan 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 in accordance with the Michigan Medical Marihuana Act, M.C.L.A. §§ 333.26421 et seq., is not a PROVISIONING CENTER for purposes of 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 test 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.
(Ord. 95.00, passed 6-10-2019)
(A) The maximum number of each type of marihuana facility allowed in the village shall be as follows:
Facility
|
Number
|
Grower | 15 Class C Licenses |
Processor | 5 |
Secure transporter | 2 |
Safety compliance facility | 5 |
The Village of Union City does not allow provisioning centers. | |
(B) At least every three years after adoption of this chapter, Council shall review the maximum number of each type of facility allowed and determine whether this maximum number should be changed. The review and its findings shall be recorded in the minutes of the relevant meeting of the Council.
(C) A nonrefundable fee shall be paid by each marihuana facility permitted under this chapter in an annual amount of $5,000.
(D) Once the limit is reached no further applications will be accepted and existing applications will be held in the order received when a permit becomes available. Applications older than 12 months must be resubmitted with updated information in order to be considered for any permit which becomes available.
(E) Any permit issued must be established and a certificate of occupancy issued within six months, or the permit will expire if the use is not established within the required time.
(F) Zoning approval shall be required prior to issuance of any permit. Zoning approval does not guarantee a permit for any proposed facility or growing operation.
(Ord. 95.00, passed 6-10-2019)
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