Marihuana Businesses, Personal Recreational Adult-Uses, Patient Operations, and Caregiver Operations are only permitted in the zones as listed below.

This Article is known and cited as the "Marihuana Zoning Ordinance."

(Ord. No. 30-1064, § 3, 4-27-21)

It is the purpose of this Article to promote the health, safety, and welfare of the citizens of the City by permitting Marihuana Businesses and Caregiver Operations in areas of the City that are appropriate for each proposed use. This will reduce potential danger, nuisance, and security problems that sometimes result from marihuana cultivation, processing, and transfer.

(Ord. No. 30-1064, § 3, 4-27-21)

This Article addresses marihuana cultivating, processing, testing, transfer, and transporting, pursuant to the Michigan Medical Marihuana Act, MCL 333.26421 et seq. (MMMA), Medical Marihuana Facility Licensing Act, MCL 333.27101 et seq. (MMFLA) and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et seq. (MRTMA). Manufacturing, distributing, dispensing, or possessing with intent to manufacture, distribute, or dispense is illegal under Federal Law, 21 USC 841.

(Ord. No. 30-1064, § 3, 4-27-21)

(1)

For purposes of the Zoning Ordinance, the following definitions apply:

Caregiver or Primary Caregiver. A person who the State has issued a registry identification card as a primary caregiver pursuant to the MMMA, and is currently registered with the State as a caregiver to assist with a patient's medical use of marihuana.

Caregiver Operation. A location, other than the registered qualifying patient's primary residence, where a caregiver cultivates, processes, or cultivates and processes medical marihuana for his/her registered qualifying patient(s), pursuant to the MMMA and the State medical marihuana regulations.

Consumption Establishment. A location where a state-licensed Designated Consumption Establishment Licensee operates a commercial space for on-site marihuana consumption as permitted by the MRTMA and the State recreational marihuana regulations.

Cultivate. The act of growing, harvesting, drying, or separating marihuana plants.

Growing Establishment/Facility. A location where a state-licensed medical marihuana, recreational marihuana, or both medical and recreational marihuana Grower cultivates, and packages marihuana for sale to a Processer Licensee a Retailer Licensee, or a Provisioning Center Licensee, pursuant to the MMFLA, the MRTMA, and the State medical and recreational marihuana regulations.

Licensee. A person holding a State Operating License.

Marihuana. Any plant or derivative of the species Cannabis sativa L.

Marihuana Business. A Growing Establishment/Facility, Processing Establishment/Facility, Secure Transporter Establishment/Facility, Safety Compliance Establishment/Facility, Provisioning Center Facility, or Retail Establishment.

Medical Marihuana. Marihuana cultivated, processed, transferred, tested, or transported as required by the MMFLA and the State medical marihuana regulations or the Michigan Medical Marihuana Act, MMMA, MCL 333.26421, et seq.

Microbusiness Establishment. A single location where a Microbusiness Licensee cultivates 150 plants or less, processes those plants, and transfers the resulting recreational marihuana to either: (1) a person 21 years or older; or (2) a Marihuana Safety Compliance Establishment.

Municipal License. A license issued by the City of Warren that permits a person to operate a Marihuana Business in the City.

Patient Operation. A location where a Registered Qualifying Patient or his/her Primary Caregiver cultivates, processes, or cultivates and processes medical marihuana in patient's primary residence for that patient's use only pursuant to the MMMA and the State medical marihuana regulations.

Personal Recreational Adult-Use. Cultivating and processing marihuana for personal consumption in that person's primary residence only pursuant to the MRTMA and the State marihuana regulations.

Process. The act of preparing marihuana plants for consumption, including, but not limited to: blending, extracting, infusing, or manufacturing into usable form.

Processing Establishment/Facility. A location where a state-licensed medical marihuana, recreational marihuana, or both medical and recreational marihuana Processor Licensee obtains marihuana from a Grower Licensee and extracts resin from the marihuana or creates marihuana-infused products for sale and transfer in packaged form to a Provisioning Center Facility or Retail Establishment, pursuant to the MMFLA, the MRTMA, and the State medical and recreational marihuana regulations.

Provisioning Center Facility. A location where a state-licensed Provisioning Center Licensee obtains marihuana from a Grower Licensee or Processor Licensee and sells or otherwise transfers marihuana to a Registered Qualifying Patient, directly or through the Qualifying Patient's Primary Caregiver pursuant to the MMFLA and the State medical marihuana regulations.

Recreational Marihuana. Marihuana cultivated, processed, transferred, tested, and transported as required by the MRTMA and the State recreational marihuana regulations.

Registered Qualifying Patient. A person who the State has issued a registry identification card as a qualifying patient pursuant to the MMMA.

Residential Zone. Any residentially-zoned area within the city or an adjacent municipality.

Retail Establishment. A location where a state-licensed recreational marihuana Retailer Licensee obtains marihuana from a Grower Licensee or Processor Licensee, and sells, or otherwise transfers marihuana to individuals who are 21 years of age or older.

Safety Compliance Establishment/Facility. A location where a state-licensed medical marihuana, recreational marihuana, or both medical and recreational marihuana Safety Compliance Licensee receives marihuana from another Marihuana Business, Primary Caregiver, or Registered Qualified Patient and tests it for contaminants, tetrahydrocannabinol and other cannabinoids, pursuant to the MMFLA, the MRTMA, and the State medical and recreational marihuana regulations.

Secure Transporter Establishment/Facility. A location where a state-licensed medical marihuana, recreational marihuana, or both medical and recreational marihuana Secure Transporter Licensee stores marihuana, pursuant to the MMFLA, the MRTMA, and the State medical and recreational marihuana regulations.

Single Property. A single contiguous parcel of real property made up of one (1) or more addresses or suites.

State. State of Michigan.

State Operating License. A license issued under the MMFLA, MRTMA, and State medical and recreational marihuana regulations that allows the Licensee to operate one (1) of the following businesses as specified on the license:

(i)

Class A, Class B, Class C, or Excess Recreational Marihuana Growing Establishment.

(ii)

Class A, Class B, Class C Medical Marihuana Growing Facility.

(iii)

Recreational Marihuana Processing Establishment.

(iv)

Medical Marihuana Processing Facility.

(v)

Recreational Marihuana Safety Compliance Establishment.

(vi)

Medical Marihuana Safety Compliance Facility.

(vii)

Recreational Marihuana Secure Transporter Establishment.

(viii)

Medical Marihuana Secure Transporter Facility.

(ix)

Recreational Marihuana Retail Establishment.

(x)

Medical Marihuana Provisioning Center Facility.

(xi)

Recreational Marihuana Temporary Marihuana Event.

(xii)

Recreational Marihuana Consumption Establishment.

(xiii)

Recreational Marihuana Microbusiness.

Temporary Marihuana Event. An event where a Marihuana Event Organizer Licensee oversees onsite sale and consumption of recreational marihuana.

(2)

If not specifically defined by this Article, the definitions found in the MMMA, MMFLA, the MRTMA, and the State medical and recreational marihuana regulations apply.

(Ord. No. 30-1064, § 3, 4-27-21)

Patient Operations and Personal Recreational Adult-Uses are permitted in that patient or person's primary residence in all zones as long as in compliance with Article IV-G of this Zoning Ordinance and Chapter 19.5 of the Warren Code of Ordinances.

(Ord. No. 30-1064, § 3, 4-27-21)

Caregiver Operations are permitted in M-1, M-2, M-3, and M-4 zones, if at the time of Municipal License application submittal, the Operation is located:

(1)

at least 500 feet from the nearest lot line of all of the following:

(a)

A Planned Unit Development;

(b)

A residential zone, except R-1-P zones;

(c)

A public library;

(d)

A public park; or

(e)

A tax-exempt religious institution.

(2)

At least 1,000 feet from the nearest lot line of a school.

(Ord. No. 30-1064, § 3, 4-27-21)

Marihuana Growing, Processing, and Secure Transporter Facilities are permitted in M-1, M-2, M-3, and M-4 zones, if, at the time of Municipal License application submittal, the Establishment/Facility is located:

(1)

at least 500 feet from the nearest lot line of all of the following:

(a)

A residential zone, except R-1-P zones;

(b)

A Planned Unit Development;

(c)

A public library;

(d)

A public park; or

(e)

A tax-exempt religious institution.

(2)

At least 1,000 feet from the nearest lot line of a school.

(Ord. No. 30-1064, § 3, 4-27-21)

Provisioning Center Facilities, Retail Establishments, and Consumption Establishments are permitted in C-3, M-1, M-2, M-3, and M-4 zones, subject to the limitations in Section 19.5-16 of the Marihuana Regulatory Ordinance if, at the time of Municipal License application submittal, the Establishment/Facility is located:

(1)

at least 500 feet from the nearest lot line of all of the following:

(a)

A residential zone, except R-1-P zones;

(b)

A Planned Unit Development;

(c)

A public library;

(d)

A public park; or

(e)

A tax-exempt religious institution.

(2)

At least 1,000 feet from the nearest lot line of a school.

(Ord. No. 30-1064, § 3, 4-27-21)

Safety Compliance Establishments/Facilities are permitted in C-3, M-1, M-2, M-3, and M-4 zones.

(Ord. No. 30-1064, § 3, 4-27-21)

(1)

Subject to the requirements listed in the Warren Code of Ordinances Chapter 19.5 and subsection (2) and (3) below, a Licensee may operate any combination of the following Establishments/Facilities at the same property:

(a)

Growing Establishment/Facility;

(b)

Process Establishment/Facility;

(c)

Provisioning Center Facility and Retail Establishment; and

(d)

Consumption Establishment.

(2)

Each type of Establishment/Facility listed in subsection (1) shall have its own designated address and be inaccessible to any other type of Marihuana Business except through a separate locked entrance/exit.

(3)

A Retail Establishment or Consumption Establishment shall locate only on the same property as an existing Provisioning Center Facility, but a Retail Establishment may operate within a single facility.

(Ord. No. 30-1064, § 3, 4-27-21)

(1)

A Marihuana Business, Patient Operation, Caregiver Operation, or Personal Recreational Adult-Use is not permitted to have any of the following:

(a)

Marihuana related outdoor retail sales; or

(b)

Except as permitted by MCL 333.26423(d) and MCL 333.27961(a), marihuana-related outdoor storage.

(2)

A Marihuana Business or Caregiver Operation is not permitted in any of the following areas:

(a)

the portion of the Downtown District (commonly known as the DDA District as described in Chapter 2, Section 2-112) north of 12 Mile Road, south of the 13 Mile/Chicago Road thoroughfare including all lots (north and south), east of Mound Road, and west of Lorraine Avenue;

(b)

the Downtown Center, (DC) as described in Appendix A, Article 21B;

(c)

the Village Historic District, as described in Appendix A, Article 21A; and

(d)

the Van Dyke TIFA Authority District as described in Exhibit A of the Resolution Establishing Tax Increment Finance Authority adopted September 23, 1986.

(3)

Microbusinesses, Temporary Marihuana Events, and food trucks transferring or selling marihuana or marihuana products are not permitted in any zone.

(Ord. No. 30-1064, § 3, 4-27-21)

A person violating this Article is responsible for a municipal civil infraction punishable by a fine of not more than $500, or as provided by State law. As provided in Warren Code of Ordinances, § 1-8(e), each day a violation of this ordinance continues is a new and separate offense and may be abated as a nuisance.

(Ord. No. 30-1064, § 3, 4-27-21)

If a court of competent jurisdiction holds a section, subsection, sentence, clause, or phrase of this Article to be invalid for any reason, the remaining portions of this Article, not specifically held to be invalid, remain valid and enforceable.

State Law reference— Michigan Medical Marihuana Act, MCL 333.26421 et seq.; Medical Marihuana Facility Licensing Act, MCL 333.27101 et. seq.; Marihuana Tracking Act, MCL 333.27901 et. seq.; and Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et. seq.

(Ord. No. 30-1064, § 3, 4-27-21)