[Adopted 5-23-2011 by Ord. No. 2011-1]
A. 
In 2008, the voters of the State of Michigan, by initiative, adopted the Michigan Medical Marihuana Act ("Act")[1] in order to authorize under state law the growing and use of marihuana for medicinal purposes only by certain persons under certain controlled circumstances. The Act contains restrictions on who may consume medical marihuana and who may grow medical marihuana. The purpose of this article is to implement the Act in a manner that promotes its objectives and goals in a manner that is consistent with the health, safety and general welfare of the people of Cannon Township.
[1]
Editor's Note: See MCL 333.26421 et seq.
B. 
It should be expressly noted that the growing and use of marihuana remains illegal under the laws of the United States of America, and nothing in the adoption of this article or the permitting by Cannon Township of "qualifying patients" or "primary caregivers" or a "growing facilities" shall be construed or considered in whole or in part to be an endorsement of the growing or use of marihuana for any purpose or a representation, explicit or tacit, that such growing or use is permissible under federal or state law.
C. 
This Article I does not apply to facilities described in the Michigan Medical Marihuana Facilities Licensing Act, Act 281 of 2016,[2] or the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018,[3] for which provision is made in Articles II and III of this chapter.
[Added at time of adoption of Code (see Ch. 1, General Provisions, Art. II)]
[2]
Editor's Note: See MCL 333.27101 et seq.
[3]
Editor's Note: See MCL 333.27951 et seq.
A. 
The following terms have the following meanings in this Article I:
DISPENSARY
Any operation where marijuana is distributed to a qualifying patient by someone other than his or her designated primary caregiver.
GROWING FACILITY
An enclosed, locked closet, room or other enclosed area with solid walls in which marihuana is grown by a primary caregiver or qualifying patient and that is equipped with locks or other security devices that permit access only a registered primary caregiver or qualifying patient for whom the marihuana is being grown as defined under MCL 333.26423(c).
HOME
The primary residence of the qualifying patient or primary caregiver and includes a single-family, duplex, apartment or condominium units.
MARIJUANA or MARIHUANA
All parts of the plant Cannabis sativa L., growing or not; the seeds thereof; the resin extracted from any part of the plant; and every compound, manufacture, salt, derivative, mixture, or preparation of the plant or its seeds or resin. It does not include the mature stalks of the plant, fiber produced from the stalks, oil or cake made from the seeds of the plant, any other compound, manufacture, salt, derivative, mixture, or preparation of the mature stalks, except the resin extracted therefrom, fiber, oil or cake, or the sterilized seed of the plant which is incapable of germination.
MICHIGAN MEDICAL MARIHUANA ACT or ACT
The Michigan Initiated Law 1 of 2008, MCL 333.26421 et seq., the provisions of which are incorporated by reference as if fully set forth herein.
PRIMARY CAREGIVER
A person as defined under MCL 333.26423(k) of the Act, who is at least 21 years old and who has agreed to assist with a patient's medical use of marijuana and who has never been convicted of a felony involving illegal drugs and who has been issued and possesses a registry identification card under the Act.
QUALIFYING PATIENT
A person as defined under MCL 333.26423(l) of the Act, who has been diagnosed by a physician as having a debilitating medical condition and who has been issued and possesses a registry identification card under the Act.
REGISTRY IDENTIFICATION CARD
The document defined as such under MCL 333.26423(m) of the Act and which is issued by the Michigan Department of Community Health to identify a person as a registered qualifying patient or registered primary caregiver.
SMOKE HOUSE
A facility that allows multiple qualifying patients to consume or ingest medical marijuana upon the premises. This term does not encompass:
(1) 
A primary caregiver facility at which medical marijuana is consumed or ingested on the premises solely by the designated qualifying patient(s) of the primary caregiver(s) operating within the facility; or
(2) 
The consumption or ingestion of medical marijuana by a qualifying patient at his/her residence or at a hospital or hospice at which the qualifying patient is receiving care.
ZONING OFFICER
The Township Supervisor.
B. 
All other definitions in the Act are expressly incorporated by reference and have the same meanings prescribed in the Act.
A. 
Provided that a qualifying patient strictly adheres to the provisions of the Act, he or she may medically use marihuana within the interior of his or her home or the interior of the home of his or her permitted primary caregiver with windows and doors to the outside closed in either instance so as to eliminate secondary effects. The right recognized in a qualifying patient under this article shall take precedence over any conflicting zoning or other ordinance restriction or permit.
B. 
A qualifying patient shall not cultivate or grow marihuana on his property if he or she has designated a primary caregiver.
C. 
A qualifying patient shall only cultivate or grow marihuana on the property on which the patient resides and within a growing facility therein or within in a growing facility in an industrial zone after obtaining a permit as provided under § 290-4. A qualifying patient's cultivation or growing of marihuana shall only be for his or her own use as provided for and restricted in the Act, including but not limited to the restrictions on the number of plants and incidental seeds, stalks, and unusable roots.
D. 
No property owner shall knowingly permit a qualifying patient to violate this article by permitting the latter to use marihuana on the property owner's property.
Finding: Based on the California White Paper,[1] the findings of which are adopted and incorporated by reference herein, the Township finds that the use of marihuana outside of the premises or in a dispensary or smoke house would encourage dangerous criminal activity and expose children and others to harmful secondary effects. In addition, the cultivation of marihuana in nonindustrial areas presents a clear and present danger of violence and so should be limited to qualifying patients who are growing marihuana only for their own use.
[1]
See http://www.califomiapolicechiefs.org/nav_files/marijuana_files/files/MarijuanaDispensariesWhitePaper_042209.pdf
A. 
Provided that a primary caregiver obtains a permit as provided in this article and strictly adheres to the provisions of the Act, he or she may cultivate or grow marihuana for the medical use of not more than five qualifying patients who have identified the primary caregiver to state officials.
B. 
A primary caregiver shall not cultivate or grow marihuana except in a growing facility within the industrial zones of the Township and after acquisition of a permit.
C. 
A primary caregiver shall not sell, deliver or distribute marihuana to any person, including qualifying patients at the location of the growing facility or at any other location within the Township except the residence of the qualifying patient or the primary caregiver's residence and after acquisition of a permit.
D. 
Upon issuance of a permit, a primary caregiver may sell, deliver or distribute marihuana grown at a growing facility to his or her qualifying patients at such patients' residences within the Township.
E. 
A growing facility shall be established and operated in accordance with all applicable provisions of the Michigan Construction Code and the Cannon Township Uniform Fire Code Ordinance and Township Building and Zoning Codes, as they may from time to time be amended and/or updated.[1] Prior to commencing operations, the growing facility shall be subject to inspection for compliance with those codes. The growing facility shall also comply with all other applicable Township ordinances.
[1]
Editor's Note: See Ch. 227, Fire Prevention and Protection, Art. I, Adoption of Standards, Ch. 170, Construction Codes, Art. I, Building Code Enforcement, and Ch. 450, Zoning, respectively.
F. 
The growing facility shall be established and operated by the primary caregiver(s) in compliance with the Act and the administrative rules promulgated by the Michigan Department of Community Health pursuant to the Act.
G. 
The growing facility shall require facility plan review and approval. In order to protect the confidentiality of primary caregivers, facility plan review shall be conducted by the Zoning Officer (not the Zoning Board of Appeals) and there shall be no public hearing on the site plan. Further, the number of copies of: (1) the completed application form for facility plan review; and (2) the facility plan required to be filed with the Township, shall be reduced from seven to three. The facility plan application, facility plan, and approval shall be confidential and only accessed by the Township's Zoning Officer and Zoning Inspector, and law enforcement, prosecutor and the Circuit Court, if necessary. Other electrical, plumbing or mechanical inspectors will be advised that the purpose of the activity is "agricultural."
H. 
A growing facility may be grouped in the same building as other growing facilities, provided that each growing facility is separately enclosed and is owned and operated by different primary caregivers.
I. 
The permit given to a primary caregiver under this article shall take precedence over any conflicting zoning or other ordinance permit or restriction. Notwithstanding the above, the facility plan review under this section shall not supersede or replace the need for site plan approval and/or building permits under the Township's Zoning and Building Codes. However, to preserve the confidentiality of the primary caregiver's use under the Act, the primary caregiver may advise the Planning Commission and other Township officials operating under the Zoning and Building Codes that the purpose of the building or construction will be "agricultural."
Finding: Based on the California White Paper, the Township finds that the cultivation and growing of marihuana by primary caregivers outside of a growing facility in an industrial zone or the sale, distribution of delivery of marihuana at a growing facility, dispensary or smoke house would encourage dangerous criminal activity and expose children and others to harmful secondary effects.
A. 
Upon application duly made by a primary caregiver, the Zoning Officer shall issue permits under this article provided that the applicant is in compliance with this article and the Act.
B. 
The application for a permit, the permit itself, and the name of any primary caregiver on a growing facility plan shall be treated as confidential under this article and under all provisions of Michigan Law, including but not limited to Michigan's Freedom of Information Act.[1] Confidential information under this article shall only be accessible by the Zoning Officer, Zoning Inspector, law enforcement personnel and the courts.
[1]
Editor's Note: See MCL 15.231 et seq.
C. 
A permit issued under this article shall be effective indefinitely, as long as the primary caregiver is compliant with all provisions of this article and the Act.
D. 
The Zoning Officer and/or Zoning Inspector may inspect a growing facility at any time in order to ensure compliance with this article.
E. 
A decision of the Zoning Officer denying a permit shall be appealable to Circuit Court.
F. 
No fee shall be required for a permit issued under this article.[2]
[2]
Editor's Note: Original Sec. 6, Violations and penalties, which immediately followed this section, was repealed at time of adoption of Code (see Ch. 1, General Provisions, Art. II). See now Ch. 70, Violations and Penalties.
A. 
Nothing in this article shall be construed as allowing the use, cultivation, distribution or possession of marijuana not in strict compliance with the express authorizations of the Act and this article. Further, nothing in this article 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 use, cultivation, distribution or possession of marijuana or to prevent prosecution thereunder.
B. 
This article adds to, modifies, amends and/or otherwise takes precedence over any inconsistent provision in any other Township ordinance, including but not limited to Chapter 450, Zoning, of the Code of the Township of Cannon.