The city recognizes that the citizens of the state, by initiative, have approved the medical use of marijuana and the possession of marijuana for such purposes by persons suffering from debilitation conditions defined by the Michigan medical marijuana act. In addition, said Act authorizes registered qualified patients to be assisted in such use by registered primary caregivers, and this article is adopted to address such use and activities within the city. However, this article shall not be construed to provide immunity from criminal prosecution for offenses relating to growing, use, sale or possession of marijuana or possession of paraphernalia related thereto, or other activities which may be in violation of the Michigan medical marijuana act and other statues. In addition, the Michigan medical marijuana act and this article should not be construed to modify or in any way affect the application of Federal law or prosecution or confiscation of property under Federal law for offenses relating to such uses or activities. It is not the intention of this article to regular the growing or use of medical marijuana by a registered qualifying patient solely for his or her own consumption to the extent permitted by the Michigan medical marijuana act, it is not the intention of this article to provide for or authorize dispensaries or "compassion clubs" as permitted land uses in this article.

(Ord. No. 129, 12-9-2013)

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Compassion club means any entity whose members are comprised of primary caregivers or qualifying patients which is not open to the public and the purpose of which includes use or consumption of marijuana in any form or the facilitation of such use or consumption.

Debilitating medical condition means the conditions and circumstances provided in section 3(b) of the Michigan medical marijuana act (MCL 333.26423(b)).

Dispensary or medical marijuana dispensary means any location at which marijuana is transferred from one person to another, other than transfers of marijuana from a registered primary caregiver to a qualifying patient to who said primary caregiver is connected through the Department of Community Health registration process.

Marijuana (also known as marihuana and cannabis) means the substance defined in Section 7106 of the public health code, Public Act No. 368 of 1978 (MCL 333.7106).

Medical use means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marijuana or paraphernalia relating to the administration of marijuana to treat or alleviate a registered qualifying patient's debilitating medical condition or symptoms associated with the debilitating medical condition. The term "transfer," as used herein, shall be limited to a transfer of marijuana from a primary or a registered primary caregiver to a qualifying patient or registered qualifying patient who is connected to the caregiver through the department of community health's registration process.

Primary caregiver or registered primary caregiver means a person who has agreed to assist with a registered qualifying patient's medical use of marijuana and who has a valid registry identification care identifying said person as a primary caregiver.

Qualifying patient or registered qualifying patient means a person who has been diagnosed by a physician as having a debilitating medical condition and who has a valid registry identification card issued by the state department of community health which identifies the person as a registered qualifying patient.

Usual marijuana means the dried leaves and flowers of the marijuana plant and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant.

(Ord. No. 129, 12-9-2013)

No land or premises within the city shall be used for any activity not authorized by the laws of this state.

(Ord. No. 129, 12-9-2013)

"Medical marijuana growing operation" is a use permitted by right as follows: a registered primary caregiver desiring to grow and harvest medical marijuana for more than one registered qualifying patient may locate the grow operation in the B-2 General Business District, subject to the site development standards set forth in section 36-285, and the following additional conditions:

(1)

The grow operation shall be located in a secure, locked, fully enclosed structure outside of a radius of a 1,000 feet from any school, including child daycare facilities, church, or drug rehabilitation facility or other medical marijuana grow facility.

(2)

Medical marijuana within the facility shall be limited to the number of plants and the amount of usable marijuana permitted by state law for each registered qualifying patient receiving assistance from the registered primary caregiver, plus an amount which may be legally possessed by the same registered primary caregiver, if said primary caregiver is also a registered qualifying patient.

(3)

Marijuana growing facilities shall be subject to mechanical, electrical, fire and police department inspections, and no permit for a growing operation shall issue until satisfactory completion of such inspections.

(4)

The structure used for growing medical marijuana shall contain only the marijuana belonging to one registered primary caregiver, and shall not exceed the amount authorized by law.

(5)

The grow facility shall at all times be secured and locked and shall be accessible only by the registered primary caregiver.

(6)

Lighting utilized for growing shall not be visible from the exterior of the building.

(7)

The registered caregiver operating the grow facility shall obtain a certificate of zoning compliance on a confidential basis from the city.

(8)

A qualifying patient list shall be kept current by the primary caregiver.

(9)

All marijuana shall be locked at all times.

(10)

Must be in compliance with state law and local ordinances.

(11)

Hours of operation shall be 7:00 a.m. to 7:00 p.m.

(12)

Cooperation with all governmental agencies to the extent as provided by law.

(13)

No sign on the outside of building, only display address.

(14)

Must be 1,000 feet from schools, playgrounds, libraries, child-care facilities and youth centers and 500 feet from other dispensaries.

(15)

One caregiver per physical location.

(16)

500 feet from any residential area.

(17)

Must be in compliance with state law and local ordinance regarding proper ventilation.

(18)

Must be in compliance with state law and local ordinance to include all fire codes adopted by city ordinance.

(19)

Penalty more than a civil infraction (i.e., closure of business). See section 36-720 penalty for violation.

(Ord. No. 129, 12-9-2013)

Application for permits submitted by a qualified caregiver, including information regarding the patient's primary caregiver, is confidential.

(Ord. No. 129, 12-9-2013)

(a)

A person violating this article shall be responsible for a municipal civil infraction, with a penalty of $500.00 (or the maximum permitted by law if less than $500.00) for each violation.

(b)

In the event of two or more violations within 12 months, such may be grounds for revocation, following a hearing.

(Ord. No. 129, 12-9-2013)