This chapter shall be known and may be cited as the "Township
of Three Oaks Regulation of Marihuana Ordinance."
The purpose of this chapter is to promote the public health,
safety, security, and welfare by regulating marihuana facilities,
including medical marihuana establishments and adult use marihuana
establishments, which include marihuana growers, marihuana safety
compliance, marihuana processers, marihuana microbusinesses, marihuana
retailers, marihuana secure transporters, and marihuana provisioning
centers. The Township finds that these facilities and related activities
are significantly connected to the public health, safety, security,
and welfare of its citizens and it is therefore necessary to regulate
and enforce safety, security, fire, policing, health, and sanitation
practices related to such facilities and related activities and also
to provide a method to defray administrative costs incurred by such
regulation and enforcement. It is not the intent of this chapter to
diminish, abrogate, or restrict the protections for recreational marihuana
use found in the Michigan Medical Marihuana Facility Licensing Act
("MMFLA") or medical marihuana use found in the Michigan Regulation
and Taxation of Marihuana Act ("MRTMA").
As used in this chapter, the following terms shall have the
meanings indicated:
APPLICANT
Entity or individual seeking a municipal permit under this
chapter.
APPLICATION
A written request upon a form provided by the Township for
a municipal permit to operate a marihuana facility under this chapter.
APPLICATION FEE
A non-refundable, one-time application fee of $5,000 as set
by the resolution of the Three Oaks Township Board of Trustees and
that the applicant shall submit concurrent with its initial submission
of any individual application under this chapter for the processing
of an application.
CONDITIONAL AUTHORIZATION
That the Clerk for the Township of Three Oaks has determined
that the submitted application is complete.
CONDITIONAL PERMIT
That the Board for the Township of Three Oaks has approved
the applicant for a municipal permit contingent upon the State of
Michigan issuing a license for operation under state law.
DEPARTMENT
The Michigan Department of Licensing and Regulatory Affairs.
GROWER
A licensee that is a commercial entity located in the State
of Michigan that cultivates, dries, trims, and/or cures and packages
marihuana for sale to a processor or provisioning center.
HOLDER OF A MUNICIPAL PERMIT
The person, or entity, who applied for a municipal permit
and to which the municipal permit was approved and issued to that
named applicant.
LICENSE
Current and valid permission from the State of Michigan so
issued under the MRTMA or MMFLA.
LICENSEE
Is a person or entity holding a state operating license issued
under the MRTMA or MMFLA.
MARIHUANA
That term as defined in the MRTMA and MMFLA.
MARIHUANA FACILITY
Includes a marihuana grower, retailer, microbusiness, processor,
safety compliance facility, and/or secure transporter under the MRTMA
and a grower, provisioning center, processor, safety compliance facility,
and/or secure transporter under the MMFLA.
MICROBUSINESS
A person licensed under the MRTMA to cultivate not more than
150 marihuana plants; process and package marihuana; and sell or otherwise
transfer marihuana to individuals who are 21 years of age or older
or to a marihuana safety compliance facility, but not to other marihuana
establishments.
MMFLA
The Medical Marihuana Facilities Licensing Act.
MRTMA
The Michigan Regulation and Taxation of Marihuana Act.
MUNICIPAL PERMIT or PERMIT
A license of permission as issued by the Board for the Township
of Three Oaks under Section 6 of the MRTMA or Section 205 of the MMFLA
and subject to this chapter.
PERSON
An individual, corporation, business, entity, limited-liability
company, partnership, limited partnership, limited-liability partnership,
limited-liability limited partnership, trust, or other legal entity.
PROCESSOR
A person licensed under the MRTMA or MMFLA that is a commercial
entity located in the State of Michigan that purchases marihuana from
a grower and packages the marijuana and/or extracts resin from the
marihuana and/or creates a marihuana-infused product for sale and
transfers that packaged form to a provisioning center or another processor.
PROVISIONING CENTER
A licensee under the MRTMA or MMFLA that is a commercial
entity located in the State of Michigan that purchases marihuana from
a grower or processor and sells, supplies, or provides marihuana to
registered qualifying patients, directly or through the patients'
registered primary caregivers. Provisioning center includes any commercial
property where marihuana is sold at retail to registered qualifying
patients or registered primary caregivers.
RETAILER
A person or entity so licensed under the MRTMA to obtain
marihuana from marihuana establishments and to sell or otherwise transfer
marihuana to marihuana establishments and to individuals who are 21
years of age or older.
SAFETY COMPLIANCE FACILITY
A licensee under the MRTMA or MMFLA that is a commercial
entity that takes marihuana from a marihuana facility or receives
marihuana from a registered primary caregiver, tests the marihuana
for contaminants and for tetrahydrocannabinol and other cannabinoids,
returns the test results, and may return the marihuana to the marihuana
facility.
SECURE TRANSPORTER
A licensee under the MRTMA or MMFLA that is a commercial
entity located in the State of Michigan that stores marihuana and
transports marihuana between marihuana facilities.
STAKEHOLDER
Means "applicant" as defined under the administrative rules
promulgated by the agency under the authority of the MMFLA, the Marihuana
Tracking Act, the MRTMA, and Executive Reorganization Order No. 2019-2,
MCL 333.27001.
The following minimum standards shall apply to all marihuana
facilities within the Township:
A. A marihuana facility must obtain a municipal permit and a state license
prior to opening for business.
B. Marihuana facilities shall comply at all times and in all circumstances
with the MRTMA and MMFLA, applicable Michigan laws, and the general
rules of the Department, as they may be amended from time to time.
It is the responsibility of the owner(s) and/or stakeholder(s) of
a marihuana facility and/or holder of a municipal permit to be aware
of changes in the MRTMA and MMFLA. The Township bears no responsibility
for failure of the owner(s) and/or stakeholder(s) of a marihuana facility
and/or holder of a municipal permit to be aware of, and comply with,
changes in the MRTMA and MMFLA.
C. Consumption and/or use of marihuana shall be prohibited at a marihuana
facility.
D. All activity related to a marihuana facility shall be conducted indoors.
E. All marihuana facilities shall be contained within buildings that
are locked and secured, in accordance with the MMFLA and MRTMA.
F. Outdoor storage of marihuana in any form or at any phase in processing
is prohibited.
G. No person under the age of 21 shall be allowed to enter into the
marihuana facility without a parent or legal guardian.
H. The marihuana facility must post a sign, in a position viewable to
all persons who enter the marihuana facility, which states the following:
(1) It is illegal under state law to drive a motor vehicle or to operate
machinery when under the influence of, or impaired by, marihuana.
(2) No person under the age of 21 years is permitted on this premises
without a parent or legal guardian.
I. All marihuana facilities shall maintain an appropriate security system
at all times and such security system must meet the state law requirements
and regulations.
J. A marihuana facility must fully comply with all Township ordinances
(including but not limited to blight, disposal of waste, discharge
of wastewater, etc.) as well as in compliance with local building
codes, local fire codes, and the Michigan Fire Protection Code at
all times.
The provisions of this chapter shall be applicable to all persons,
facilities, applicants, and businesses described herein, including
if the operations or activities are associated with a marihuana facility
and were established without authorization before the effective date
of this chapter.
In the event that any one or more sections, provisions, phrases
or words of this chapter shall be found to be invalid by a court of
competent jurisdiction, such holding shall not affect the validity
or the enforceability of the remaining sections, provisions, phrases
or words of this chapter.
This chapter shall take effect 40 days after its adoption and
publication as prescribed by law.