[Adopted 1-8-2018 by Ord.
No. 2018-1]
[Amended 9-14-2020 by Ord. No. 2020-1]
This article shall be known and may be cited as the "Township
Marihuana Cultivation Licensing Ordinance."
As used in this article, the following terms shall have the
meanings indicated:
The Michigan Medical Marihuana Facilities Licensing Act,
Act 281 of the Public Acts of Michigan of 2016, as amended.[1]
A person who applies or who has applied for a state operating
license and a Township marihuana facility permit.
A licensee that is a commercial entity that cultivates, dries,
trims or cures and packages marihuana for sale to a processor or provisioning
center.
A person holding a state operating license.
That term as defined in Section 7106 of the Michigan Public
Health Code.[2]
A licensee's location and operations under the licensee's
state operating license.
The Medical Marihuana Licensing Board established under Section
301 of Act 281.[3]
Any plant of the species Cannabis sativa L.
An edible substance or similar product containing marihuana
that is intended for human consumption in a manner other than smoke
inhalation.
The Michigan Medical Marihuana Act of 2008, as amended.[4]
An individual, corporation, limited liability company, partnership,
limited partnership, limited liability partnership or other legal
entity.
A licensee that is a commercial entity that purchases marihuana
from a grower and that extracts resin from the marihuana or creates
a marihuana-infused product for sale and transfer in packaged form
to a provisioning center.
That term as defined in Section 102 of Act 281.[5]
A primary caregiver who has been issued a current registry
identification card under the MMMA.
A qualifying patient who has been issued a current registry
identification card under the MMMA.
That term as defined in Section 3 of the MMMA.[6]
The rules promulgated under the Michigan Administrative Procedures
Act, to implement Act 281, including any emergency rules.
That term as defined in Section 102 of Act 281.[7]
That term as defined in Section 102 of Act 281.[8]
A license that is issued under Act 281 that allows the licensee
to operate as one of the following, specified in the license: a grower,
processor, secure transporter, provisioning center or safety compliance
facility.
The Internet-based, statewide database established and maintained
by the State Department of Licensing and Regulatory Affairs under
the Michigan Marihuana Tracking Act, Act 282 of the Public Acts of
Michigan of 2016, as amended,[9] for the purpose of enabling authorized parties and agencies
to confirm or verify relevant information with respect to medical
marihuana uses authorized by Act 281.
The dried leaves, flowers, plant resin or extract of the
marihuana plant, but does not include the seeds, stalks and roots
of the plant.
[1]
Editor's Note: See MCL 333.26421 et seq.
[2]
Editor's Note: See MCL 333.7106.
[3]
Editor's Note: See MCL 333.27301.
[4]
Editor's Note: See MCL 333.26421 et seq.
[5]
Editor's Note: See MCL 333.27102.
[6]
Editor's Note: See MCL 333.26423.
[7]
Editor's Note: See MCL 333.27102.
[8]
Editor's Note: See MCL 333.27102.
[9]
Editor's Note: See MCL 333.27901 et seq.
B.
Notwithstanding the above, one grower and one processor may be established
at the same location, in accordance with the Act and Rules.
C.
No provisioning center, safety compliance center or secure transporter
may be established or operated by a licensee in the Township, and
such marihuana facilities are expressly prohibited in the Township.
Provided, however, that this shall not prevent a secure transporter
from traveling within the Township to transport marihuana from a grower
or processor which has been permitted under this article.
D.
A marihuana facility shall be established and operated only by a
person who has been issued a state operating license. The facility
shall be operated only so long as the state operating license remains
in effect and only in accordance with the terms of the license.
E.
A marihuana facility shall be established only by a person who has
been issued a Township permit under the terms of this article. The
facility shall be operated only so long as the Township permit remains
in effect and only in accordance with the terms of the permit.
F.
A marihuana facility shall comply with the applicable provisions
of the Township construction codes. Permits under such codes shall
be secured if required.
A.
A marihuana grower permit shall be issued to only a person who has
been issued one of either a Class B or C grower license, but not both
as "stacked" licenses, under Section 501 of the Act,[1] but who has not been issued a Class A license for the
same location under said section.
[1]
Editor's Note: See MCL 333.27501.
B.
A marihuana grower shall not grow a total of more than 1,500 marihuana
plants.
C.
A marihuana grower permit shall be valid only so long as the grower's
state operating license is in effect.
D.
A grower shall operate only so long as its Township permit is in
effect and only in accordance with the terms of the permit and this
article.
E.
A grower shall operate only in a zone district which permits marihuana grower use under the terms of Chapter 450, Zoning.
F.
A grower shall operate only on the property and at the address specified
in the grower's permit.
G.
A grower shall maintain compliance with all applicable building codes,
zoning requirements, and all requirements of the Act or Rules for
the construction, design and operation of the marihuana facility.
H.
A grower's operations shall be conducted within an enclosed building,
except for cultivation which may occur in an outdoor area that meets
all of the following requirements:
(1)
The outdoor area for the cultivation of marihuana plants is contiguous
with the building, fully enclosed by fences or barriers that block
outside visibility of the marihuana plant from the public view, with
no marihuana plant growing above the fence or barrier that is visible
to the public eye, and the fences must be secured and comply with
the applicable security measures in the Rules, including but not limited
to locked entries only accessible to authorized persons or emergency
personnel.
(2)
After the marihuana is harvested, all drying, trimming, curing or
packaging of marihuana shall occur inside a building meeting all requirements
of the Act, Rules and applicable building codes.
I.
A grower may sell marihuana plants or marihuana seeds to another
grower. Such plants or seeds shall be transferred to another grower
only by means of a secure transporter.
J.
A grower shall sell marihuana, other than marihuana seeds, only to
a processor or provisioning center, except that it may sell marihuana
plants to another grower.
K.
A grower shall transfer marihuana to a processor (unless to a facility
at the same location) or a provisioning center only by means of a
secure transporter.
L.
A grower shall not have an ownership interest or a financial interest
in a secure transporter or a safety compliance facility.
M.
During the time that a grower holds a grower permit, it shall not
be a registered primary caregiver, nor shall it employ a person who
is then a registered primary caregiver.
N.
A grower shall enter all marihuana transactions, its current marihuana
inventory and other required information into the statewide monitoring
system as required by the Act.
A.
The marihuana processor permit shall be valid only so long as the
processor's state operating license is in effect.
B.
A marihuana processor shall operate only so long as its Township
permit is in effect and only in accordance with the terms of the permit
and this article.
C.
A processor shall operate only in a zone district which permits marihuana processor use under the terms of Chapter 450, Zoning.
D.
A processor shall operate only on the property and at the address
specified in the processor's permit.
E.
A processor shall maintain compliance with all applicable building
codes, zoning requirements, and all requirements of the Act or Rules
for the construction, design and operation of the marihuana facility.
F.
All facility operations shall be within an enclosed building that
meets the security requirements, passes the inspections, and has and
maintains the applicable permits required by the Act and Rules.
G.
Unless the processor is operated at the same location as a grower,
the processor permit shall authorize the purchase of marihuana only
from a marihuana grower licensed under Act 281.
H.
The processor permit shall authorize the sale of marihuana or marihuana-infused
products only to a provisioning center.
I.
A processor shall transfer marihuana only by means of a secure transporter.
J.
During the time that a processor holds a processor permit, it shall
not have an ownership interest or a financial interest in a secure
transporter or safety compliance facility, nor shall any investor
in the processor have any such interest.
K.
During the time that a processor holds a processor permit, it shall
not be a registered primary caregiver, nor shall it employ a person
who is a registered primary caregiver.
L.
A processor shall enter all marihuana transactions, its current marihuana
inventory and other required information into the statewide monitoring
system as required by the Act.
A.
Chapter 450, Zoning, may specify the zone districts in which a marihuana facility may be located and operated. A marihuana facility shall be established and operated only in a zone district that permits that type of marihuana facility by express, specific reference to the term "grower" or "processor" as defined by Act 281.[1] No permit shall be issued to a marihuana facility located
or operated in any zone district which does not expressly permit it,
notwithstanding any use variance or similar zoning approval.
[1]
Editor's Note: See MCL 333.27101 et seq.
B.
A marihuana facility shall not be operated except in compliance with
relevant zoning ordinance requirements, and upon receipt of site plan
approval or a zoning compliance permit, as applicable. Site plan approval
or a zoning compliance permit may be issued on the subsequent condition
that the marihuana facility receive appropriate licensing under Act
281 and a permit under this article.
A.
A marihuana facility shall be established and operated in the Township
only if the facility obtains a permit under the terms of this article.
B.
A person shall apply for a marihuana facility permit on a Township
application form, and shall pay a nonrefundable application and review
fee of $5,000, and shall make any required escrow deposit toward payment
of Township expenses in the matter at the time of application.
C.
The application shall include the following information and other
submittals, and such other information as the Township may require
in order to verify compliance with Act 281, the Rules and this article:
(1)
The applicant's name, home and business address, email address (if
any), and telephone number(s).
(2)
The address, legal description and permanent parcel number of the
property on which the marihuana facility is proposed to be located.
(3)
The name and address of the owner of record of the property on which
the marihuana facility is to be located, if not owned by the applicant,
and a signed copy of the lease or other legal instrument whereby the
owner has permitted the applicant to establish and operate the proposed
marihuana facility on the property.
(4)
The type of marihuana facility which the applicant proposes.
(5)
A copy of the applicant's current state operating license.
(6)
Proof that the facility has received prelicensure or other approval
from the Bureau of Fire Safety or other state agencies in accordance
with the Act and Rules.
(7)
Proof of compliance with all applicable zoning and building codes,
firesafety rules or other applicable codes.
A.
The application shall be submitted to the Township Clerk. It shall
be subject to Township Board approval, consistent with this article,
Act 281 and the Rules.
B.
Upon receiving an application, the Clerk shall review it to determine
whether it is complete under the terms hereof and the Act. If it is
not complete, the Clerk shall return the application, the application
fee and any escrow deposit to the applicant. An incomplete application
that is returned by the Clerk shall not be deemed submitted and shall
not have precedence of consideration over any other application.
C.
Upon determining that an application is complete, the Clerk shall
assign a number to it, based on the order in which it was received,
and arrange for it to be presented to the Township Board. Other applications,
if any, may be received, but they shall be reviewed for completeness
only in the order received, and, if complete, shall be considered
for approval of a permit only in the order received, and only if a
permit for the same type of marihuana facility is then available.
D.
The Township Board shall review an application and approve it only if it satisfies all of the following standards. Provided, however, the Township Board may, but is not required to, give conditional approval pending subsequent satisfaction of standards in Subsection D(4) and/or (5) within a time frame specified by the Board.
(1)
The marihuana facility has been approved for a current state operating
license for the type and capacity of facility proposed.
(2)
The request is for the type of facility permitted by this article,
and is within the quota for the number of marihuana facilities permitted
by this article.
(3)
The marihuana facility complies with this article.
(4)
The location of the marihuana facility is consistent with the provisions of Chapter 450, Zoning, and has received all applicable zoning approvals.
(5)
The facility has received all applicable approvals from the Bureau
of Fire Safety or other state agencies with jurisdiction.
(6)
In case of renewal, there have been no material violations of the
permit or this article.
E.
If the application is approved, the Township Board shall authorize
and direct the Clerk to issue a marihuana facility permit to the applicant
on a Township permit form for such purpose, after the applicant has
paid the marihuana facility fee for the one-year duration of the permit.
If the applicant has not paid the facility fee within 10 days after
written notice that the application has been approved, the application
shall no longer be approved and the applicant shall be notified in
writing accordingly. The permit shall include terms and conditions
consistent with this article, any conditions imposed by the Township
Board, and such other provisions as are relevant to the type of marihuana
facility, the location thereof and anticipated operations.
F.
If the application is denied, the Clerk shall so inform the applicant
by letter, which shall include the reasons for the denial.
G.
An applicant shall have the right to appeal a permit denial in the
manner provided by law.
A.
The permit shall be for a period not longer than one year, corresponding
with the term of the state operating license.
B.
The permit shall be renewable annually. A permit holder desiring
renewal shall apply for the same by completing a Township form for
such purpose, shall pay any required renewal fee and shall make any
required escrow deposit for reimbursement of Township expenses in
the matter.
C.
With the renewal application, the applicant shall submit either a
revised site plan, if any of the elements of the previously submitted
site plan have changed, or otherwise, the applicant shall submit a
statement that the previous site plan remains accurate as to the matters
depicted therein.
D.
The Township Board shall consider the renewal application in the
same manner and under the same requirements as for an original application,
except that in considering the renewal, the Board may consider any
violations on the part of the applicant during the previous period
of the permit.
E.
The Board shall approve the renewal application, reject it or approve
it with conditions. If approved, a new permit, for a period of one
year, shall be issued to the applicant. If rejected, the Clerk shall
state the grounds thereof in a letter to the applicant. Any such rejection
shall be appealable as provided by law.
F.
Upon receiving a renewed permit, the applicant shall pay to the Township
the annual marihuana facility fee. The renewed permit shall not be
valid until the fee is paid.
G.
By accepting a permit, the applicant shall consent to inspection
of the applicant's marihuana facility by Township officials and/or
by the Kent County Sheriff's Department, upon reasonable notice, to
verify compliance with this article and the Act. Such inspection may
include examination of the applicant's submissions of information
into the statewide monitoring system.
H.
The Township permit issued under this article is not transferable.
If the Marihuana Licensing Board approves the transfer of a license,
such transferee shall apply for a Township permit upon state approval,
and the Township shall review such application in accordance with
the standards provided herein for a new permit.
In addition to the application fee, an annual nonrefundable
Township marihuana facility fee (the "facility fee") shall be paid
by each permitted marihuana facility, in the amount of $5,000 or such
lesser amount as may be established by resolution. The fee for the
first year shall be paid within three days of application approval
and within three days of approval of each annual renewal. Timely payment
of the fee is a condition of the marihuana facility permit.
A.
A violation of this article is a municipal civil infraction, for
which the fines shall be not less than $250 for the first violation
and not less than $500 for a subsequent violation, and in addition
to all other costs and expenses provided by law. For purposes of this
section, a subsequent offense means a violation of the provisions
of this article committed by the same person within six months of
a previous violation of the same provision for which the person admitted
responsibility or was determined to be responsible.
B.
Each day during which any violation continues shall be deemed a separate
offense.
C.
In addition, the Township may seek injunctive relief against persons
alleged to be in violation of this article, and such other relief
as may be provided by law.
A.
No person or entity that was open or operating any facility purporting
to produce, manufacture, test, transfer or transport medical marihuana
or marihuana prior to the adoption of this article by the Township,
except a lawfully operating registered primary caregiver, shall be
considered a lawful use or lawful nonconforming use.
B.
This article does not apply to or regulate any registered primary
caregiver or registered qualifying patient pursuant to the MMMA.
A.
A marihuana facility permit may be revoked by the Township Board
for noncompliance with Act 281,[1] other applicable state laws, this article, Chapter 450, Zoning, or other applicable Township ordinances. Such revocation shall be in addition to the other available remedies under this article.
[1]
Editor's Note: See MCL 333.27101 et seq.
B.
The Clerk shall give written notice to the permit holder of the Township
Board's intent to revoke the permit. The notice shall state the reasons
for the proposed revocation. The notice shall state that the applicant
may attend a hearing before the Board, and may be heard, as to the
revocation. At least 10 days' notice of the hearing shall be given;
the notice shall state the date, time and place of the hearing. At
or prior to the hearing, the applicant may submit written comments
with respect to the proposed revocation.
C.
Following the hearing, the Board may, by written decision, revoke
the permit, elect not to revoke the permit or impose additional terms
and conditions in the permit for the purpose of gaining compliance
as to the matters for which revocation was considered.
D.
The revocation of a permit shall not entitle the permit holder to
any refund of the annual marihuana facility fee or other fees or charges
paid under the terms of this article; any unused escrow deposit amounts
shall be returned.
E.
A permit holder may appeal the revocation of a permit by the Township
Board in the manner provided by law.
[Added 9-14-2020 by Ord.
No. 2020-1[1]]
A.
Definitions.
(1)
MRTMA
MRTMA CO-LOCATED GROWER
MRTMA CO-LOCATED PROCESSOR
MRTMA CO-LOCATED ESTABLISHMENT
The
definitions in this article shall apply for purposes of this section,
with the following additional definitions and modifications:
The Michigan Regulation and Taxation of Marihuana Act, Initiated
Law 1 of 2018.[2]
An establishment as defined in Section 3(i) of the MRTMA,
which is operating at a location shared with a marihuana facility
operating pursuant to Act 281.[3]
A marihuana processor as defined by Section 3(m) of the MRTMA,
which is operating at a location shared with a marihuana processor
operating pursuant to Act 281.[4]
A MRTMA co-located grower and/ or MRTMA co-located processor
only, and not the other types of establishments described in the MRTMA.
(2)
MARIHUANA FACILITY
MARIHUANA GROWER or GROWER
MARIHUANA PROCESSOR or PROCESSOR
In applying this article to an MRTMA co-located establishment, the definitions and terms in § 290-8 of this article shall be applied using the equivalent terms applicable to the MRTMA and its regulations. Without limiting the generality of the foregoing:
When used in reference to a facility subject to the Township permitting requirements under this § 290-20, means an MRTMA co-located establishment.
An MRTMA co-located grower.
An MRTMA co-located processor.
(3)
This
article shall be applied to a MRTMA co-located establishment by replacing
the term "Act" or "Act 281" with the term "MRTMA."
(4)
When
reference is made to the state licensing authorities under Act 281,
that shall mean the state licensing authorities under the MRTMA.
B.
Authorization. One MRTMA co-located grower and/or one MRTMA co-located processor is/are permitted in addition to the facilities authorized by § 290-9A and B of this article if operating at a location shared with a marihuana facility operated and licensed under Act 281 and upon obtaining a separate permit issued under this article for the MRTMA co-located establishment.
C.
Prohibition.
Except for one MRTMA co-located grower and/or one MRTMA co-located
processor with a permit under this article, no marihuana grower, marihuana
processor, marihuana safety compliance facility, marihuana microbusiness,
marihuana retailer, marihuana secure transporter, or any other type
of marihuana establishment licensed or operating under the MRTMA is
permitted in the Township. Provided, however, that this shall not
prevent a lawful secure transporter from traveling to or through the
Township to transport marihuana from a grower or processor which has
been permitted under this article.
D.
Specific
regulations for MRTMA co-located establishments.
(1)
The
MRTMA co-located establishment is permitted only at a location shared
with a either a Class B or class C grower or processor license under
Act 281 and with a permit issued under this article. The MRTMA co-located
establishment shall be operated only so long as the state operating
licenses under Act 281 and the Township permit for the Act 281 facility
remain in effect.
(2)
An MRTMA co-located establishment shall be operated only by a person with a separate Township permit issued under the terms of this § 290-20 and this article.
(3)
An
MRTMA co-located establishment may be located only in a zoning district
that permits those types of establishments by express, specific reference
to the term "grower" or "processor" as defined by the MRTMA.
(4)
The limit of 1,500 marihuana plants provided by § 290-10B shall be a total limitation on the number of medical marihuana plants permitted at the location. The total area devoted to the growth of marihuana whether under licensing through Act 281, the MRTMA, the MMMA, or otherwise, shall not exceed 9,100 square feet.
E.
Procedures
and requirements for issuance of permits.
(1)
A separate Township permit for an MRTMA co-located establishment shall be reviewed and approved or denied subject to the standards and procedures in this section and in §§ 290-10 through § 290-15 of this article, and if approved shall be subject to provisions for penalties and revocation in §§ 290-17 and 290-19.
(2)
An
applicant for an MRTMA co-located grower permit and/or MRTMA co-located
processor permit shall pay a separate, nonrefundable application review
fee of $5,000 for each type of permit applied for and, upon application
approval, an annual MRTMA co-located establishment fee of $5,000 for
each type of co-located establishment permitted, or such lesser amounts
as may be established by resolution. These fees are in addition to
application review and facility fees for an Act 281 facility. The
application fees and annual co-located establishment fee for the MRTMA
co-located establishment shall be paid at the same time and in the
same manner as provided for Township permits for facilities licensed
under Act 281.
[1]
Editor's Note: The ordinance also provided the following:
"This ordinance shall become effective seven days following
such publication; provided, however, this ordinance shall not take
effect unless the Township Zoning Ordinance amendment allowing a grower
and/or processor licensed under the Michigan Regulation and Taxation
of Marihuana Act in the I Industrial District, and the amendment to
Ord. No. 2019-02 allowing such facilities, are adopted and become
effective."
