Charter Township of Meridian Article I In General

§ 40-1 (Reserved)

§ 40-2 Definitions.

[Ord. No. 2023-02, 6-20-2023[1]]

(a) The following words and phrases shall have the following definitions when used in this chapter:

APPLICATION

An application for a permit under this chapter, and includes all supplemental documentation attached or required to be attached thereto; the person filing the application shall be the proposed permit holder, who may also be referred to as the "applicant."

COMMERCIAL MEDICAL MARIHUANA FACILITY or FACILITY

(1) Provisioning center, as that term is defined in the Medical Marihuana Facilities Licensing Act, Public Act 281 of 2016 ("MMFLA");[2]

(2) Processor, as that term is defined in the MMFLA;

(3) Secure transporter, as that term is defined in the MMFLA;

(4) Grower, including Class A, Class B and Class C, as those terms are defined in the MMFLA;

(5) Safety compliance facility, as that term is defined in the MMFLA.

CONDITIONAL PERMIT HOLDER

An applicant who has received conditional approval for a permit.

CULTIVATE

As that term is defined in Initiated Act 1 of 2018, MCL § 333.27951 et seq, the Michigan Regulation and Taxation of Marihuana Act ("MRTMA").

DEPARTMENT

The Michigan State Department of Licensing and Regulatory Affairs or any authorized designated Michigan agency authorized to regulate, issue or administer a Michigan license for a marihuana establishment under MRTMA or a commercial medical marihuana facility under the MMFLA.

DIRECTOR OF COMMUNITY PLANNING AND DEVELOPMENT

The Charter Township of Meridian Director of Community Planning and Development or their designee.

LICENSE

A current and valid license for an establishment or facility issued by the Department. Prequalification, provisional licenses, or temporary licenses are not licenses under this chapter.

LICENSEE

A person holding a current and valid Michigan license for an establishment or facility.

MARIHUANA

That term as defined in the MRTMA.

MARIHUANA ESTABLISHMENT or ESTABLISHMENT

A marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, designated consumption establishment, excess marihuana grower, marihuana event organizer, temporary marihuana event licensee, or any other type of recreational marihuana-related business licensed by the Department.

(1) "Marihuana grower" as that term is defined in the MRTMA; and

(2) "Marihuana microbusiness" as that term is defined in the MRTMA; and

(3) "Marihuana processor" as that term is defined in the MRTMA; and

(4) "Marihuana retailer" as that term is defined in the MRTMA; and

(5) "Marihuana secure transporter" as that term is defined in the MRTMA; and

(6) "Marihuana safety compliance facility," as that term is defined in the MRTMA; and

(7) "Class A marihuana microbusiness license," as that term is defined by the Department or as may be defined in the MRTMA; and

(8) "Designated consumption establishment," as that term is defined by the Department or as may be defined in the MRTMA; and

(9) Excess marihuana grower," as that term is defined by the Department or as may be defined in the MRTMA; and

(10) "Marihuana event organizer," as that term is defined by the Department or as may be defined in the MRTMA; and

(11) "Temporary marihuana event" as that term is defined by the Department or as may be defined in the MRTMA.

PARAPHERNALIA

As that term is defined in the MMFLA.

PATIENT

A "registered qualifying patient" or a "visiting qualifying patient" as those terms are defined by the MMFLA.

PERMIT

In Article II means a current and valid permit for a commercial medical marihuana facility issued under that article, and in Article IV means a current and valid permit for a marihuana establishment issued under that article, which each shall be granted to a permit holder only for and limited to a specific permitted premises and a specific permitted property. Both permits in this chapter shall be in addition to the special use permit required to be obtained under the Township Zoning Ordinance.[3]

PERMIT HOLDER

The person that holds a current and valid permit issued under this chapter.

PERMITTED PREMISES

The particular building, area within a building, or buildings within which the permit holder will be authorized to conduct the facility's or establishment's activities pursuant to the permit.

PERMITTED PROPERTY

The real property comprised of a lot, parcel or other designated unit of real property upon which the permitted premises is situated.

PERSON

A natural person, company, partnership, profit or nonprofit corporation, limited liability company, or any joint venture for a common purpose.

PROCESS or PROCESSING

To separate or otherwise prepare parts of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products.

PUBLIC PLACE

Any area in which the public is invited or generally permitted in the usual course of business.

REGISTRY IDENTIFICATION CARD

A "registered qualifying patient" or a "visiting qualifying patient" as those terms are defined in the MMFLA.

TOWNSHIP

The Charter Township of Meridian, a charter township located in Ingham County, Michigan.

UNUSUAL HARDSHIP

A severe, specific, and material difficulty that is unique to the conditional permit holder or permit holder and evaluated in light of, but not limited to, the following factors:

(1) Whether other conditional permit holders, permit holders, or licensees face similar trouble or privation;

(2) The ongoing or persistent characteristics of the adversity or obstacle;

(3) The seldom and distinctive characteristics of the adversity or obstacle;

(4) Whether the general nature of the impediment or condition is confronted by other new businesses, start-ups, regulated businesses, or the marihuana industry;

(5) Good-faith efforts taken by the conditional permit holder or permit holder to avoid or mitigate the difficulty;

(6) The obstacle or adversity did not occur as a result of a conditional permit holder's or permit holder's actions;

(7) The severity and number of unforeseeable events or acts of God;

(8) Whether the transfer, sale, or conveyance has been ordered by a court of competent jurisdiction or an administrative body.

[2] Editor's Note: See MCL § 333.27101 et seq.

[3] Editor's Note: See Ch. 86, Zoning.

(b) Other words or phrases in this chapter shall have the meanings ascribed to them in the MMFLA or MRTMA, except where context clearly indicates a different meaning.

[1] Editor's Note: This ordinance also amended the title of this Ch. 40 from "Medical Marihuana" to its current title.

§ 40-3 through § 40-25. (Reserved)