Charter Township of Meridian Commercial Medical Marihuana Facilities

Safety compliance facilities.

(7)

Secure transporters.

(b)

The number of commercial medical marihuana facility permits in effect at any time shall not exceed the following maximums within the Township:

Grower permits, Class A, Class B, and Class C: three, regardless of type.

Processor permits: three.

Provisioning center permits: six.

Safety compliance facility permits: three.

Secure Transporter permits: 3.

No more than one provisioning center shall be located in any single overlay area except for Overlay Area 4, where a provisioning center is not an allowed use. If any overlay area except for Overlay Area 4 has zero provisioning centers granted or under renewal and zero conditionally approved at the time set for the lottery, then a second provisioning center may be added to another overlay area. No overlay area shall have more than two provisioning centers.

(c)

No person shall operate a commercial medical marihuana facility at any time or any location within the Township unless a currently effective permit for that person at that location has been issued under this chapter.

(d)

Commercial medical marihuana facilities shall operate only as allowed under this chapter.

(e)

The requirements set forth in this chapter shall be in addition to, and not in lieu of, any other licensing or permitting requirements imposed by applicable federal, state or local laws, regulations, codes or ordinances.

(f)

An applicant shall pay application fees, annual fees, renewal fees and inspection fees for permits to the Township to defray the costs incurred by the Township for inspection, administration and enforcement of the local regulations regarding commercial medical marihuana facilities. The Township Board shall by resolution set the fees in an amount not to exceed any limitations imposed by Michigan law.

(g)

A permit and a renewal permit shall not confer any vested rights or reasonable expectation of subsequent renewal on the applicant or permit holder, and shall remain valid for one year immediately following its approval.

(h)

Each year, any pending applications for renewal or amendment of valid, unexpired permits shall be reviewed and granted or denied before applications for new permits are considered.

(i)

It is the sole and exclusive responsibility of each permit holder or person applying to be a permit holder at all times during the application period and during its operation to immediately provide the Township with all material changes in any information submitted on an application and any other changes that may materially affect any license or its permit.

(j)

No permit issued under this chapter may be assigned or transferred to any person unless the assignee or transferee has submitted an application and all required fees under this chapter and has been granted a permit by the Director of Community Planning and Development. No permit issued under this chapter is transferable to any other location except for the permitted premises on the permitted property.

(k)

The original permit issued under this chapter shall be prominently displayed at the permitted premises in a location where it can be easily viewed by the public, law enforcement and administrative authorities.

(l)

Acceptance by the permit holder of a permit constitutes consent by the permit holder and its owners, officers, managers, agents and employees for any state, federal or local law enforcement to conduct random and unannounced examinations of the facility and all articles of property in that facility at any time to ensure compliance with this chapter, any other local regulations, and with the permit.

(m)

A permit holder may not engage in any other commercial medical marihuana facility in the permitted premises or on the permitted property, or in its name at any other location within the Township, without first obtaining a separate permit.

§ 40-29 Other laws and ordinances.

[Ord. No. 2019-01, 5-21-2019; amended 5-19-2020 by Ord. No. 2020-06]

In addition to the terms of this chapter, any commercial medical marihuana facility shall comply with all Township ordinances, including, without limitation, the Township Zoning Ordinance,[1] and with all other applicable state and local ordinances, laws, codes and regulations. To the extent that the terms of this chapter are in conflict with the terms of any other applicable state or local ordinances, laws, codes or regulations, the terms of the most-restrictive ordinance, law, code or regulation shall control.

[1]

Editor's Note: See Ch. 86, Zoning.

§ 40-30 Application for and renewal of permits.

[Ord. No. 2019-01, 5-21-2019; amended 5-19-2020 by Ord. No. 2020-06]

(a)

Application.

An application for a permit for a facility shall be submitted to the Director of Community Planning and Development per permitted premises and shall contain the following information:

The name, address, phone number and email address of the applicant and the proposed commercial medical marihuana facility.

The names, home addresses and personal phone numbers for all owners, directors, officers and managers of the permit holder and the commercial medical marihuana facility.

One copy of all the following:

To encourage both local industry and also well-qualified applicants, at least two of the following items:

An official statement issued by the Department indicating that the applicant has successfully completed prequalification for a license, if any. Copies of entity/individual prequalification packets and supplemental applicant prequalification packets or investigations conducted by the Department (if available) shall be provided.

ii.

Proof that the applicant or owners of at least 75% of the applicant are current Township residents and were residents for at least 12 months prior to filing the application. Any proof of residency must be satisfactory to the Township and must include more than one of the following: residential leases, tax or special assessment bills, utility bills (water, sewer, electric, gas, cable, internet, etc.), credit card bills, voter registration, driver's license, tax returns, or homeowner insurance policies, showing current and at least 12 months' prior residence in the Township. The applicant's majority shareholders, managing members, or managing partners must submit the same information.

iii.

The applicant's certification, on a form provided by the Township, restricting transfer of the permit and subsequent renewed permits, and restricting the transfer of any interest in the permit holder for a period of not less than 30 months after issuance of the permit and license. This commitment shall be enforceable severally or jointly by the Township against the applicant, permit holder, and any owners of the applicant or permit holder.

All documentation showing the applicant's valid tenancy, ownership or other legal interest in the proposed permitted property and permitted premises. If the applicant is not the owner of the proposed permitted property and permitted premises, a notarized statement from the owner of such property authorizing the use of the property for a commercial medical marihuana facility. A property owner shall only enter into one notarized statement per property with one prospective permit holder for each lottery drawing. All documentation establishing that the permitted premises and permitted property are within an overlay area with available permits.

If the applicant is a corporation, nonprofit organization, limited liability company or any other entity other than a natural person, it must indicate its legal status and attach a copy of all company formation documents (including amendments), proof of registration with the State of Michigan, and a certificate of good standing with the State of Michigan.

A valid, unexpired driver's license or state-issued ID for all owners, directors, officers and managers of the proposed facility.

Evidence of a valid sales tax license for the business if such a license is required by state law or local regulations.

An application for sign permit, if any sign is proposed.

A nonrefundable application fee.

A business and operations plan, showing in detail the commercial medical marihuana facility's proposed plan of operation, including, without limitation, the following:

A description of the type of facility proposed and the anticipated or actual number of employees.

ii.

A security plan meeting the requirements of Section 40-31(3) of this chapter, which shall include a general description of the security system(s), a current centrally alarmed and monitored security system service agreement for the proposed permitted premises, and confirmation that those systems will meet state requirements and be approved by the state prior to commencing operations.

iii.

A description by category of all products to be sold.

iv.

A list of Material Safety Data Sheets for all nutrients, pesticides, and other chemicals proposed for use in the commercial medical marihuana facility.

A description and plan of all equipment and methods that will be employed to stop any impact to adjacent uses, including enforceable assurances that no odor will be detectable from outside of the permitted premises.

vi.

A plan for the disposal of marihuana and related byproducts that will be used at the facility.

An identification of any business that is directly or indirectly involved in the growing, processing, testing, transporting or sale of marihuana for the facility.

10.

Whether any applicant, owner, partner, director, officer, or manager of the applicant, or any entity owned or controlled by any owner, partner, director, officer, or manager of the applicant, has ever applied for or has been granted any commercial license or certificate issued by a licensing authority in Michigan or any other jurisdiction that has been denied, restricted, suspended, revoked, or not renewed and a statement describing the facts and circumstances concerning the application, denial, restriction, suspension, revocation, or nonrenewal, including the licensing authority, the date each action was taken, and the reason for each action.

11.

A signed and sealed (by a Michigan-registered architect, surveyor or professional engineer) site plan and interior floor plan of the permitted premises and the permitted property.

12.

Information regarding any other commercial medical marihuana facility, marihuana establishment, similar permit or license, or any other marihuana business or venture that the applicant, or any owner, partner, director, officer, or manager of the applicant, or any entity owned or controlled in whole or part by any owner, partner, director, officer, or manager of the applicant, is authorized to operate in any other jurisdiction within the state, or another state, and the applicant's involvement in each facility.

13.

The applicant and all related persons consent to a background check conducted by the Township or any agency used by the Township to complete such checks.

Any other information reasonably requested by the Township to be relevant to the processing or consideration of the application.

If the Director of Community Planning and Development identifies or is informed of a deficiency in an application, the applicant shall have five business days to correct the deficiency after notification by the Director of Community Planning and Development.

Information obtained from the applicant or permit holder is exempt from public disclosure under state law.

(b)

Receipt of applications.

[Amended 7-11-2023 by Ord. No. 2023-03]

Applications shall be submitted to the Director of Community Planning and Development.

No applications shall be accepted unless the Township Board has issued procedures and standards for the receipt and review of applications as set forth in this article.

The dates and times to accept applications shall be determined by the Township Board, which shall be posted on the Township's website, if any. The Director shall only accept initial applications as designated by the Township Board.

Applications shall be sorted and scored based on zoning overlay district, with only one permit available per zoning overlay district.

If the Director of Community Planning and Development identifies or is informed of a deficiency in an application, the applicant shall correct the deficiency after notification by the Director of Community Planning and Development as provided in the procedures and standards.

(c)

Time frame for application evaluation.

[Amended 7-11-2023 by Ord. No. 2023-03]

All inspections, review, competitive review, and processing of the application shall be completed within 90 days of receipt of a complete application and all required fees. The Township shall approve or deny the permit within 120 days of receipt of the completed application and fees. If the application is approved, then the applicant shall receive a conditional approval, the conditions of which must be met for the applicant to receive a permit as the permit holder, as set forth in this article.

The processing time may be extended upon written notice by the Township for good cause, and any failure to meet the required processing time shall not result in the automatic grant of the permit.

The Township has no obligation to process or approve any incomplete application, and any times provided under this article shall not begin to run until the Township receives a complete application.

(d)

Approval, issuance, and denial.

[Amended 7-11-2023 by Ord. No. 2023-03]

Permit approval. The Township Board shall make a determination based upon satisfactory compliance with this article, application requirements, and all other permits, certificates, rules or regulations and do one of the following:

Grant final approval to the application and issue the permit, with or without conditions. If the application is approved, then the permit shall be issued to the applicant as the permit holder for a specific permitted premises.

Deny the application, stating the reasons for such denial.

Denial. A decision of the Township Board to issue or deny a permit pursuant to this article is subject to this chapter's appeal process. After the appeal process has been exhausted, a Township Board decision may be appealed to a court of competent jurisdiction, provided that: 1) with respect to a denial of an initial permit, an appeal shall not grant any rights to an applicant, subject to an order of the court; and 2) with respect to denial of a renewal application, if the applicant has paid all required fees (and any additional fees due during the pendency of the appeal), the preexisting permit shall be extended during the pendency of the appeal, unless otherwise ordered by a court.

Commence operation. The applicant shall commence operation within 18 months of the permit approval, or the permit approval shall be revoked. The Board may extend this time frame for additional six-month periods where the applicant has commenced construction of the building and on other good cause shown to the Board.

Special use permit required. All permit approvals under this article are contingent upon the issuance of a special use permit under the Township Zoning Ordinance.

(e)

Evaluation of multiple applications.

[Amended 7-11-2023 by Ord. No. 2023-03]

Competitive review. If more applications for new facilities are received than there are available permits (more than zero) under this article, and the available permit limits in this article would prevent the Department from issuing a state license to all applicants who meet the requirements of MCL § 333.27959, Subsection 3, then the Township will decide among the competing initial applications with a competitive process established by the Township Board intended to select the applicants who are best suited to operate in compliance with the Act, this article, and within the Township.

Procedures and standards. The Township Board is authorized to issue procedures and standards establishing the application and competitive process under this article. The Township Board may establish or appoint a committee to assist review of applications. Each initial application shall be considered, reviewed, and evaluated according to the procedures and standards. The review will evaluate the contents of the application(s), other materials submitted by the applicant, legal opinions or other reports drafted to help facilitate review, and any other material deemed relevant by the Director or Township to select the applicant, if any, that will provide the best outcome for the community as determined by the Township.

Review at public hearing. After the application window is closed, the Township shall hold a public hearing to review the application(s) under the standards provided within this article. To determine whether the application(s) will be approved, the Township will apply the procedures and standards determined by the Township Board.

Appeal and automatic stay. An applicant has the right to appeal the Township's competitive review of its application, as set forth in this chapter. In the event an initial application that was subject to competitive review appeals the Township's decision, then the Township shall automatically stay all approvals issued to other applicants who participated in the same competitive review as the applicant(s) appealing. When an approval is stayed, the applicant(s) granted approval may apply for zoning approval of a marihuana facility. This stay shall be lifted when the appealing applicant(s) abandons or exhausts the appeal process.

Available permits. Permits subject to appeal or renewal shall not be considered available for the purposes of this subsection.

(f)

Renewal application.

[Amended 7-11-2023 by Ord. No. 2023-03]

A completed renewal application must be received by the Township no later than November 1 of each year in order to grant or renew the conditional approval, lottery selection, or permit.

The same requirements that apply to all new applications for a permit, except for special use permit requirements, shall apply to all renewal applications.

A renewal application may expressly incorporate by reference information or documentation contained in the original application or prior renewal application, making it clear where such information or documentation can be found, provided that the permit holder certifies that the information or documentation has not changed.

All material changes in any information submitted on an application or renewal application shall be included with the renewal application.

Any final reports, inspections, investigations, or summaries from the Department, the Cannabis Regulatory Agency ("CRA"), the Bureau of Fire Services ("BFS"), or the Department of Licensing and Regulatory Affairs ("LARA") arising from or in connection with the permit shall be submitted with renewal application.

(g)

Issuance of commercial medical marihuana facilities permit.

An inspection of the proposed commercial medical marihuana facility by the Township shall be required prior to issuance of the permit. Such inspection shall occur after the premises are ready for operation, but prior to the stocking of the business with any medical marihuana, and prior to the opening of the business or commencement of operations. The inspection is to verify that the business facilities are constructed and can be operated in accordance with the application submitted and the applicable requirements of this chapter, the special use permit, and any other applicable law, rule, or regulation.

After verification the facilities are constructed and can be operated in accordance with the application and any renewal submitted and the applicable requirements of this chapter, the special use permit, and any other applicable law, rule, or regulation, and the issuance of a permanent certificate of occupancy for the facility, the Director of Community Planning and Development shall issue the permit for a term of one year.

Maintaining a valid license is a condition for the issuance and maintenance of the permit issued under this chapter and the continued operation of any marihuana facility.

An applicant or permit holder has a duty to notify the Director of Community Planning and Development in writing of any pending criminal charge, and any criminal conviction of a felony or other offense involving a crime of moral turpitude by the applicant, any owner, principal officer, director, manager, or employee within 10 days of the event.

An applicant or permit holder has a duty to notify the Director of Community Planning and Development in writing of any pending criminal charge, and any criminal conviction, whether a felony, misdemeanor, petty offense, or any violation of a local law related to the cultivation, processing, manufacture, storage, sale, distribution, testing or consumption of any form of marihuana, the MMMA, the MMFLA, any building, fire, health or zoning statute, code or ordinance related to the cultivation, processing, manufacture, storage, sale, distribution, testing or consumption of any form of marihuana by the applicant, any owner, principal officer, director, manager, or employee within 10 days of the event.

(h)

Applications for new permits where no building is as yet in existence. Any applicant for a commercial medical marihuana facility permit whose building is not yet in existence at the time the Township grants the special use permit shall have one year immediately following the date of the Township's special use permit approval to start construction of the building, in accordance with applicable zoning ordinances, building codes, and any other applicable state or local laws, rules or regulations. "Start of construction" means the first placement of permanent construction of a structure on a site, such as the pouring of a slab or footings, the installation of piles, construction of columns, or other work beyond the stage of excavation. If the facility does not commence operations within one year of the start of construction, then the conditional approval, application, and any lottery selection shall be forfeited as provided for in Subsection (j) below.

(i)

Duty to supplement. If, at any time before or after a permit is issued pursuant to this chapter, any information required in the application, the MMFLA, or any rule or regulation promulgated thereunder changes in any way from that which is stated in the application, the applicant or licensee shall supplement such information in writing within 10 days from the date upon which such change occurs.

(j)

Permit forfeiture. In the event that a commercial medical marihuana facility does not commence operations within one year from the time the Township grants the special use permit or start of construction, any permit, conditional approval, application, and any lottery selection shall be deemed forfeited, and the facility may not commence operations and the permit, conditional approval, application, and any lottery selection is not eligible for renewal.

§ 40-31 Operational requirements for commercial medical marihuana facilities.

[Ord. No. 2019-01, 5-21-2019]

A commercial medical marihuana facility issued a permit under this chapter and operating in the Township shall at all times comply with the following operational requirements, which the Township Board may review and amend from time to time as it determines reasonable.

Scope of operation. Commercial medical marihuana facilities shall comply with all respective applicable codes of the local Zoning, Building, Fire, and Health Departments. The facility must hold a valid unexpired permit and license for the type of commercial medical marihuana facility intended to be carried out within the permitted premises on the permitted property. The facility operator, owner, permit holder, or licensee must have documentation available that local and state sales tax requirements, including holding any licenses, if applicable, are satisfied.

Required documentation. Each commercial medical marihuana facility shall be operated from the permitted premises on the permitted property. No commercial medical marihuana facility shall be permitted to operate from a moveable, mobile or transitory location, except for a permitted and licensed secure transporter when engaged in the lawful transport of marihuana. No person under the age of 18 shall be allowed to enter into the permitted premises without a parent or legal guardian.

Security. Permit holders shall at all times maintain a security system that meets state law requirements, and shall also include the following:

Security surveillance cameras installed to monitor all entrances, along with the interior and exterior of the permitted premises.

Robbery and burglary alarm systems which are professionally monitored and operated 24 hours a day, seven days a week.

A locking safe permanently affixed to the permitted premises that shall store all marihuana and cash remaining in the facility overnight.

All marihuana in whatever form stored at the permitted premises shall be kept in a secure manner and shall not be visible from outside the permitted premises, nor shall it be grown, processed, exchanged, displayed or dispensed outside the permitted premises.

All security recordings and documentation shall be preserved for at least 48 hours by the permit holder and made available to any law enforcement upon request for inspection.

Operating hours. No provisioning center shall operate between the hours of 8:00 p.m. and 8:00 a.m.

Required spacing. No commercial medical marihuana facility shall be located within 1,000 feet from any public or private K-12 school, 500 feet from any church, place of worship or other religious facility, and 500 feet from any library, preschool, or nearest child care center, with the minimum distance between uses measured horizontally between the nearest property lines.

Amount of marihuana. The amount of marihuana on the permitted property and under the control of the permit holder, owner or operator of the facility shall not exceed that amount permitted by the state license or the Township's permit.

(7)

Sale of marihuana. The marihuana offered for sale and distribution must be packaged and labeled in accordance with state law. The facility is prohibited from selling, soliciting or receiving orders for marihuana or marihuana products over the Internet.

(8)

Sign restrictions. No pictures, photographs, drawings or other depictions of marihuana or marihuana paraphernalia shall appear on the outside of any permitted premises nor be visible outside of the permitted premises on the permitted property. The words "marihuana," "cannabis," and any other words used or intended to convey the presence or availability of marihuana shall not appear on the outside of the permitted premises nor be visible outside of the permitted premises on the permitted property.

(9)

Use of marihuana. The sale, consumption or use of alcohol or tobacco products on the permitted premises is prohibited. Smoking or consumption of controlled substances, including marihuana, on the permitted premises is prohibited.

(10)

Indoor operation. All activities of commercial medical marihuana facilities, including without limitation distribution, growth, cultivation, or the sale of marihuana, and all other related activity permitted under the permit holder's license or permit, must occur indoors. The facility's operation and design shall minimize any impact to adjacent uses, including the control of any odor, by maintaining and operating an air filtration system so that no odor is detectable outside the permitted premises. Mobile facilities and drive-through operations are prohibited.

(11)

Unpermitted growing. A patient may not grow his or her own marihuana at a commercial medical marihuana facility.

(12)

Distribution. No person operating a facility shall provide or otherwise make available marihuana to any person who is not legally authorized to receive marihuana under state law.

(13)

Permits. All necessary building, electrical, plumbing, and mechanical permits must be obtained for any part of the permitted premises in which electrical, wiring, lighting or watering devices that support the cultivation, growing, harvesting or testing of marihuana are located.

(14)

Waste disposal. The permit holder, owner and operator of the facility shall use lawful methods in controlling waste or by-products from any activities allowed under the license or permit.

(15)

Transportation.

Marihuana may be transported by a secure transporter within the Township under this chapter, and to effectuate its purpose, only:

By persons who are otherwise authorized by state law to possess marihuana for medical purposes;

In a manner consistent with all applicable state laws and rules, as amended;

In a secure manner designed to prevent the loss of the marihuana.

No vehicle used for the transportation or delivery of marihuana under this chapter shall have for markings the words "marihuana," "cannabis" or any similar words; pictures or other renderings of the marihuana plant; advertisements for marihuana or for its sale, transfer, cultivation, delivery, transportation or manufacture, or any other word, phrase or symbol indicating or tending to indicate that the vehicle is transporting marihuana.

No vehicle may be used for the ongoing or continuous storage of marihuana, but may only be used incidental to, and in furtherance of, the transportation of marihuana.

(16)

Additional conditions. The Director of Community Planning and Development may impose such reasonable terms and conditions on a commercial medical marihuana facility special use as may be necessary to protect the public health, safety and welfare, and to obtain compliance with the requirements of this chapter and applicable law.

§ 40-32 Penalties and consequences for violation.

[Ord. No. 2019-01, 5-21-2019; amended 5-19-2020 by Ord. No. 2020-06]

In addition to any other penalties or legal consequences provided under applicable state and local law, regulations, codes and ordinances:

Violations of the provisions of this chapter or failure to comply with any of the requirements of this chapter shall constitute a misdemeanor. Any person who violates this chapter or fails to comply with any of the requirements of this chapter shall be deemed guilty of a misdemeanor and, upon conviction thereof, shall be fined not more than $500, or imprisoned for not more than 90 days, or both, and, in addition, shall pay all costs and expenses involved. Each day the violation continues shall be considered a separate offense.

Violations of the provisions of this chapter or failure to comply with any of the requirements of this chapter shall be subject to and found responsible for a municipal civil infraction. The fine for any municipal civil infraction shall be $1,000, plus court costs, attorneys' fees and abatement costs of each violation, together with all other remedies pursuant to MCL 600.8701 et seq. Each day a violation continues shall be deemed a separate municipal civil infraction.

Increased civil fines shall be imposed for repeated violations of any requirement of this chapter. As used in this subsection, the term "repeat offense" means a second (or any subsequent) municipal civil infraction violation of the same requirement or provision committed within any six-month period and found to be responsible. The increased fine for a repeat offense shall be as follows:

The fine for any offense which is a first repeat offense shall be $2,500.

The fine for any offense which is a second repeat offense or any subsequent repeat offense shall be $5,000.

Nonrenewal or revocation.

A permit issued under this chapter may be denied, limited, revoked, or restricted under any of the following conditions:

Any fraudulent, false, misleading, or material misrepresentation contained in the application.

Repeat violations of any requirements of this chapter or other applicable law, rule, or regulation. As used in this subsection, the term "repeat offense" means a second (or any subsequent) misdemeanor violation or civil infraction of the same requirement or provision committed within any six-month period and upon conviction or responsibility thereof.

A valid license is not maintained as required by this chapter.

The permit holder, its agent, manager, or employee failed to timely submit any document or failed to timely make any material disclosure as required by this chapter.

Nonrenewal. If an applicant has applied for a special use permit and fails to diligently pursue commencement of operations, including, but not limited to, submitting a complete site plan for site plan review, submitting a complete building permit, or applying for other permits as provided for in this chapter, then the Director of Community Planning and Development may deny any renewal application or any subsequent application submitted by the applicant or any owner, partner, director, or officer of the applicant or any entity owned or controlled in whole or part by any owner, partner, director, or officer of the applicant.

If a permit is revoked or limited under this chapter, the Director of Community Planning and Development shall issue a notice stating the revocation, limitation, or restriction, including the reason for the action, and providing a date and time for an evidentiary hearing before the Township Board.

The owner of record or tenant of any building, structure or premises, or part thereof, and any architect, builder, contractor, agent or person who commits, participates in, assists in or maintains such violation may each be found guilty or responsible of a separate offense and suffer the penalties and fines provided in Subsections (1) and (2) of this section, except as excluded from responsibility by state law.