Licensure requirements.
(a) The cultivation of marihuana by a caregiver or any other person permitted under the Act, and the provision of caregiver services relating to medical marihuana use, shall be permitted in accordance with the Act. No cultivation, distribution, and other assistance to patients shall be lawful in this community at a location unless and until such location for such cultivation, distribution, and assistance is a permitted use, as specified in the Village Zoning Ordinance, and shall have been licensed under this chapter. Licensure shall be required and in accordance with these regulations for the following:
(1) The location of a facility used for the cultivation of marihuana by caregivers or by other persons permitted under the Act.
(2) The location of a facility used for distribution.
(3) The location of a facility used to provide any other assistance to patients by caregivers or any other person permitted under the Act relating to medical marihuana.
(4) By way of exception, it is not the intent of this chapter to require a license for the principal residence of a patient where marihuana is cultivated or used exclusively for the patient's personal consumption, however, a location other than a patient's principal residence where a patient cultivates or uses marihuana shall be subject to the licensure requirements of this chapter.
(b) Application for License.
(1) The requirement of this chapter is to license a location, and not to license persons. The information acquired through the licensing process prescribed herein shall be accessible to the Zoning Administrator, Michigan Construction Code and Fire Code enforcement officials, and law enforcement officials and their support personnel in the performance of their duties and shall otherwise remain confidential and not subject to public disclosure except as otherwise required by law. The confidential information required for a license application shall:
A. Not require the name, home address, or date of birth of a patient or caregiver.
B. Include the address and legal description of the precise premises, other than a patient's principal residence, at which there shall be possession, cultivation, distribution or other assistance in the use of marihuana. The fact that a caregiver or other person providing assistance to patients also has an ID card as a patient shall not relieve the obligation to provide this information.
C. Specify the address of the place where all unused portions of marihuana plants cultivated in connection with the use of marihuana or caregiver activity at the premises shall be disposed.
D. Describe the enclosed, locked facility in which any and all cultivation of marihuana is proposed to occur, or where marihuana is stored, with the description including: location in building; precise measurements in feet, of the floor dimensions and height; the security device for the facility.
E. Describe all locations in the premises where a caregiver or other person authorized under the Act shall render assistance to a qualifying patient.
F. Specify the number of patients to be assisted, including the number of patients for whom marihuana is proposed to be cultivated, and the number of patients to be otherwise assisted on the premises, and the maximum number of plants to be grown or cultivated at any one time. If the location at which patients will be assisted is different from the licensed premises, the application shall provide the address of all such other locations (other than the address of a patient being assisted). The maximum number of patients and plants is specified in Section 1284.03(b)(2)B. of these regulations.
G. Specify a waste disposal plan that describes how material, chemical, and plant waste from the growing, cultivating, packaging, or use of medical marihuana is disposed of.
H. For safety and other code inspection purposes, it shall describe and provide detailed specifications of all lights, equipment, and all other electrical, plumbing, and other means proposed to be used to facilitate the cultivation of marihuana plants as the specifications relate to the need for the installation of facilities. As noted in Section 1284.03(b)(2)D., all new construction including structural, electrical, and plumbing shall meet current Village building codes and shall be inspected for compliance.
(2) The standards of approval as noted below will be used to review each application. An inspection will be made at each location noted in the application to verify the standards.
(3) Requirements and standards for approval of licensure and for the activity permitted.
A. Locations used for the cultivation of marihuana by caregivers and any other person permitted under the Act, and the location used for the provision of assistance to patients by caregivers or any other person authorized under the Act relating to medical marihuana use, including distribution or other assistance, but in all events not including a patient's principal residence which is not used to cultivate marihuana or assist in the use of medical marihuana for persons other than the patient at the residence, shall be prohibited:
1. Within 500 feet from a public or private pre-school, elementary school, middle school, high school, community college, and all other schools that have different name references but serve students of the same age.
2. Within 500 feet of adult entertainment uses, as defined in the Village Zoning Ordinance.
3. Within 500 feet from the site at which any other caregiver or any other person cultivates marihuana, or assists in the use of marihuana, not including a patient's principal residence which is not used to cultivate marihuana or assist in the use of medical marihuana for persons other than the patient at such residence.
4. Measurements for purposes of this subsection shall be made from property boundary to property boundary.
B. The location of the facility at which a caregiver or any other person permitted under the Act cultivates marihuana, or assists a patient in the use of marihuana shall not be the same facility at which any other caregiver or person cultivates marihuana, or assists a patient in the use of marihuana. Accordingly, at a patient's principal residence used by the patient to cultivate marihuana for his or her personal use as permitted under the Act, there shall be not more than twelve marihuana plants being cultivated at any one time; only at a licensed Facility may there be more than twelve marihuana plants being cultivated at any one time; and, at a facility at which a caregiver or any other person permitted under the Act cultivates marihuana for use by patients, there shall not be more than twelve marihuana plants being cultivated at any one time per patient, and in no event more than sixty marihuana plants being cultivated at any one time (which assumes cultivation for five patients), plus an additional twelve plants if the caregiver is also a patient that has not designated a caregiver to assist in providing medical marihuana.
C. In order to insulate children and other vulnerable individuals from such actions, all medical marihuana cultivation, and all assistance of a patient in the use of medical marihuana by a caregiver, shall occur within the confines of a building licensed under this section, and these activities shall occur only in locations not visible to the public. This subsection shall not prohibit a caregiver from assisting a patient at the patient's principal residence or at a hospital.
D. All lights, plumbing, equipment, and all other means proposed to be used to facilitate the growth or cultivation of marihuana plants shall be in accordance with all applicable Village building codes.
E. Considering that the distribution of marihuana is generally unlawful, and that the Act authorizes "caregivers," and reading the Act as a whole, the activities of caregivers are interpreted as being limited to private and confidential endeavors. Nothing in this chapter shall be deemed to allow dispensaries or collective ingestions facilities, which are hereby strictly prohibited. Moreover, the location and identity of a caregiver is known to patients. Accordingly:
1. There shall be no signage identifying a caregiver use or a place at which medical marihuana is distributed.
2. Unless conducted as part of a related licensed professional medical or pharmaceutical practice, caregiver activity shall not be advertised as a "clinic," "hospital," "dispensary," or other name customarily ascribed to a multi-patient professional practice.
F. Storage of toxic, flammable or hazardous materials at a licensed facility is prohibited. The disposing of any toxic, flammable or hazardous materials into the sewer system is also prohibited.
(c) No application for a license hereunder shall be approved without payment of a non-refundable application fee to help defer the cost of administering and enforcing this chapter. The application fee shall be set by resolution of Village Council and may be adjusted from time to time thereafter as the Village Council deems appropriate.
(d) Use of land in accordance with approved application. If approved, all use of property shall be in accordance with an approved application, including all information and specifications submitted by the applicant in reliance on which the application shall be deemed to have been approved.
(e) A facility that exists on the effective date of this chapter must make application for and receive approval to continue to operate; provided, an application shall be filed within fifteen days following the effective date of this chapter. If an application for licensure under this chapter is denied due to the minimum distance requirement standards, and a timely application has been filed seeking licensure under this chapter, the facility shall have sixty days from the date of application denial to cease operating at the denied site.
(Ord. 106A-59. Passed 7-11-12.)