[HISTORY: Adopted by the Township Board of the Charter Township of Chesterfield as indicated in article histories. Amendments noted where applicable.]
[Adopted 11-2-2015 by Ord. No. 152]
This article shall be known as the "Transportation and Possession of Usable Marijuana in a Motor Vehicle Ordinance."
The purpose of this article is to protect public health, safety and welfare and to restrict the transportation and possession of usable marijuana, as defined by the Michigan Medical Marijuana Act in Section 26423 of the Public Health Code, Public Act 368 of 1978. In an effort to promote and protect public health and welfare, the article prohibits a person from transporting or possessing usable marijuana in or upon any motor vehicle or any self-propelled vehicle designed for land travel unless the usable marijuana is enclosed in a case carried in the trunk of the vehicle, or if the vehicle does not have a trunk, the marijuana must be enclosed in a case that is not readily accessible from the interior of the vehicle.
This article is adopted pursuant to, and in accordance with Act 246, Public Acts of 1945 as amended, and Public Act 460 of 2012.
Definitions utilized under this article shall be the same definitions as provided in the Michigan Medical Marijuana Act, MCLA § 333.26423 et seq., as amended.
A person shall not transport or possess usable marijuana as defined in Section 26423 of the Public Health Code, 1978 PA 368, MCLA § 333.26423, in or upon a motor vehicle or any self-propelled vehicle designed for land travel, unless the usable marijuana is one or more of the following:
Any violation of any provision of this article shall be a misdemeanor punishable by imprisonment for not more than 93 days and/or a fine of $500, or both, in addition to any other penalty provisions provided for a violation of a misdemeanor as set forth in the general penalty provisions of this Code of Ordinances.
[Adopted 11-19-2018 by Ord. No. 171]
This article shall be known and cited as the "Chesterfield Township Prohibition of Marijuana Establishments Ordinance."
The purpose of this article is to exercise the Charter Township of Chesterfield' s authority pursuant to the Michigan Regulation and Taxation of Marihuana Act, MCLA § 333.27951, et seq. ("Act") to prohibit the establishment and/ or operation of any and all marijuana establishments, as defined by the Act, within the Charter Township of Chesterfield.
This article is adopted pursuant to, and in accordance with Section 6(1) of the Act adopted by the voters of the State of Michigan on Tuesday, November 6, 2018.
It shall be unlawful to operate a marijuana establishment within the boundaries of the Charter Township of Chesterfield. The term "marijuana establishment" shall include, but not be limited to:
Marijuana secure transporters;
Marijuana safety compliance facilities;
Marijuana growers (a person licensed to cultivate marijuana and sell or otherwise transfer marijuana to marijuana establishments);
All marijuana-related businesses licensed by the state pursuant to the Act.
Any individual or entity that violates any of the provisions of this article shall be guilty of a misdemeanor and upon conviction thereof shall be subject to a penalty not to exceed $500) or imprisonment for a period not to exceed 90 days, or by both such fine and imprisonment.
Any violation of this article shall also constitute a nuisance per se, and the Township shall have the right to seek abatement of the violation at law or in equity.
If any section, paragraph, clause or provision of this article is for any reason held to be invalid or unconstitutional, the invalidity or unconstitutionality of such section, paragraph, clause or provision shall not affect any of the remaining provisions of this article.