(a)   It is the intent of this chapter to give effect to the intent of M.C.L.A. §§ 333.26421, et seq, (the Act) as approved by the electors, and not to determine and establish an altered policy with regard to marihuana. The Act authorizes a narrow exception to the general rule and state policy that the cultivation, distribution, and use of marihuana amount to criminal acts. It is the further intent of this chapter to protect the public health, safety, and general welfare of persons and property, and to license certain locations as specified below. It is the further intent of this chapter to comply with the Act while concurrently attempting to protect the health, safety, and welfare of law enforcement officers and other persons in the community, and also to address and minimize reasonably anticipated secondary effects upon children, other members of the public, and upon significant areas of the community, that would be reasonably expected to occur in the absence of the provisions of this chapter. This chapter is designed to recognize the fundamental intent of the Act to allow the creation and maintenance of a private and confidential patient-caregiver relationship to facilitate the statutory authorization for the limited cultivation, distribution, and use of marihuana for medical purposes; and to regulate around this fundamental intent in a manner that does not conflict with the Act so as to address issues that would otherwise expose the community and its residents to significant adverse conditions, including the following: adverse and long-term influence on children; substantial serious criminal activity; danger to law enforcement and other members of the public; discouragement and impairment of effective law enforcement with regard to unlawful activity involving the cultivation, distribution, and use of marihuana; the creation of a purportedly lawful commercial enterprise involving the cultivation, distribution, and use of marihuana that is not reasonably susceptible of being distinguished from serious criminal enterprise; and the uninspected installation of unlawful plumbing and electrical facilities that create dangerous health, safety, and fire conditions.

   (b)   This chapter permits authorizations for activity based on the Act. Nothing in this chapter shall be construed as allowing persons to engage in conduct that endangers others or causes a public nuisance, or to allow use, cultivation, growth, possession or control of marihuana not in strict accordance with the express authorizations of the Act and this chapter; and, nothing in this chapter shall be construed to undermine or provide immunity from federal law as it may be enforced by the federal or state government relative to the cultivation, distribution, or use of marihuana. Thus, the authorization of activity, and the approval of a license under this chapter shall not have the effect of superseding or nullifying federal law applicable to the cultivation, use, and possession of marihuana, and all applicants and grantees of licenses are on notice that they may be subject to prosecution and civil penalty, including forfeiture of property.

(Ord. 106A-59. Passed 7-11-12.)

   For the interpretation of this chapter, the following definitions shall apply:

   (a)   “Act” means M.C.L.A. §§ 333.26421, et seq., and Michigan Administrative Rules, R 333.101, et seq.

   (b)   “Collective Ingestion Facility” means a facility that allows multiple qualifying patients to consume or ingest medical marihuana upon the premises. This term does not encompass the consumption or ingestion of medical marihuana by a qualifying patient at his or her principal residence or at a hospital or hospice at which the qualifying patient is receiving care.

   (c)   “Department” means the State of Michigan Department of Community Health.

   (d)   “Distribution” means the physical transfer of any amount of marihuana in any form by one person to any other person or persons, whether or not any consideration is paid or received.

   (e)   “Distributor” means any person, including but not limited to a caregiver, patient or any other person, who engages in any one or more acts of distribution.

   (f)   “Facility” or “Premises” means one commercial business premises having a separate or independent postal address, one private office premises having a separate or independent postal address, one single family residence having a separate or independent postal address, one apartment unit having a separate or independent postal address, or one condominium unit having a separate or independent postal address.

   (g)   “Marihuana” means the substance or material defined in the Public Health Code, M.C.L.A. § 333.7106.

   (h)   “Primary caregiver” or “Caregiver” means a person as defined under M.C.L.A. § 333. 26423(g) of the Act, and who has been issued and possesses a registry identification card under the Act.

   (i)   “Principal residence” means the place where a person resides more than half of the calendar year.

   (j)   “Qualifying patient” or “Patient” means a person as defined under M.C.L.A. § 333.26423(h) of the Act.

   (k)   “Registry identification card” means the document defined under M.C.L.A. § 333.26423(i) of the Act.

(Ord. 106A-59. Passed 7-11-12.)

   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.

   (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.)

   (a)   The restrictions in this section are based on the following findings:

      (1)   The Act as a whole reflects the intent to a private and confidential patient-caregiver relationship to facilitate the lawful cultivation, distribution, and use of marihuana strictly for medical purposes, that is, an authorization for confidential and private use of marihuana by patients, and for confidential and private assistance in such use by caregivers with whom individual patients are connected through the Department's registration process. That is, the Act does not authorize the broad legalization of the cultivation, distribution, or use of marihuana, and a reading that permits such broad legalization is inconsistent with the fundamental intent of the Act read as a whole in context with generally applicable Michigan law. Thus, it would be reasonable to expect and require that all undertakings of caregivers and other persons in assisting a patient are intended to occur on a confidential and private one-to-one basis.

      (2)   The Act does not reflect the intent for distributions of marihuana by more than one caregiver or other person to one patient, or by one or more caregivers or other persons to more than one patient at any given time and place.

      (3)   The confidentiality provisions of the Act reflect the intent for all caregivers and patients to remain anonymous in terms of their name and address, thus further reflecting the private and confidential nature of the activities contemplated between a caregiver and the patient he or she is assisting.

      (4)   In view of the fact that the Act effectively requires law enforcement officers to seek to prevent unlawful cultivation, distribution or consumption of marihuana, while concurrently permitting substantially the same actions by those who meet the terms of the Act, and considering that law enforcement officials are prohibited from having access to important information that could be used to distinguish unlawful and lawful actors, it is deemed necessary by the legislative body of the community to maintain by licensure and restriction an environment that seeks to promote the protection, efficiency, and effectiveness of law enforcement officers and their work performed in connection with the cultivation, distribution or consumption of marihuana.

      (5)   All of the findings stated above in support of the requirement for licensure are incorporated by reference to this subsection of the chapter.

   (b)   Restrictions:

      (1)   A caregiver and any other person authorized under the Act to assist patients, if any, shall distribute medical marihuana only on a confidential, one-to-one, basis with no other caregiver being present at the same facility at the same time, and no other patient or other person being present at the same facility at the same time, provided, that a patient's immediate family members or guardian may be present within the patient's private residence, and one family member or guardian may be present in any facility other than the patient's private residence. For purposes of this subsection, the phrase "same time" shall mean and include concurrently as well as within a time interval of one hour.

      (2)   Considering the health issues presented, no food shall be sold from the facility used for the distribution of medical marihuana.

(Ord. 106A-59. Passed 7-11-12.)

   Upon the request of a patient who is cultivating medical marihuana, the medical marihuana officer of the community shall confidentially coordinate electrical and plumbing inspectors (and other inspector(s) within whose expertise an inspection is needed) with regard to site of the cultivation for the purpose of determining whether all lights, plumbing, equipment, and all other means used to facilitate the cultivation of marihuana plants is in accordance with applicable code. In carrying out the provisions of this subsection, community officials shall not require the name and address of the patient. Rather, the intent of this subsection is to focus on the premises, and to insure fire, electrical, plumbing, and other safety for the benefit of the resident of the premises and others who may be affected by one or more code violations.

(Ord. 106A-59. Passed 7-11-12.)

   Nothing in this chapter shall be construed as allowing the use, cultivation, distribution or possession of marihuana not in strict compliance with the express provisions of the Act and this chapter. Further, nothing in this chapter shall be construed to undermine or provide immunity from federal or state law as it may be enforced by the federal or state government relative to the use, cultivation, distribution or possession of marihuana or to prevent prosecution thereunder.

(Ord. 106A-59. Passed 7-11-12.)

   A property owner shall not have vested rights or nonconforming use rights that would serve as a basis for failing to comply with this chapter or any amendment of this chapter.

(Ord. 106A-59. Passed 7-11-12.)

   (a)   A license issued pursuant to this chapter may be revoked for any of the following reasons:

      (1)   The license holder has violated any of the provisions of this chapter or any statute of the State of Michigan relative to the cultivation of marihuana by a caregiver or the provision of caregiver services relating to medical marihuana use.

      (2)   Fraud, misrepresentation, or incorrect statements have been made by the license holder in the course of carrying on an activity or in application for the licensed activity.

      (3)   The license holder has conducted an activity in such a manner as to constitute a breach of the peace or a menace to the health, safety or general welfare of the public.

   (b)   If upon investigation by the Village, it is discovered that a license holder has violated any regulations of this chapter, written notice of the violation shall be issued, by certified mail, to that person. Immediately upon the giving of the notice, the license shall become null and void.

   (c)   Denials may be appealed to the Village Council. The Village Council shall make a determination after presentation by the applicant, supported by a preponderance of the evidence, as to whether or not the grounds for denial should be upheld. The Village Council's decision may be reviewed by a court of competent jurisdiction.

(Ord. 106A-59. Passed 7-11-12.)

   Any person violating any provisions of this chapter shall be deemed responsible for committing a municipal civil infraction and shall be responsible for a municipal civil fine. In addition to ordering the offender determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, the judge or magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this Code. Each day on which any violation of this Code or any ordinance continues is a separate offense and shall be subject to penalties or sanctions as a separate offense. In addition to any penalties provided for in this Code, any equitable or other remedies available may be sought.

(Ord. 106A-59. Passed 7-11-12.)