As used in this article, the following terms shall have the meanings
indicated:
APPLICANT
A person who applies for a Village-issued permit to operate
a marihuana commercial business in accordance with the terms of this
article and the Village Zoning Code. With respect to disclosures in
an application and for purposes of ineligibility for a permit, the
term "applicant" includes a managerial employee of the applicant,
any person who holds any direct or indirect ownership interest of
more than 10% in the marihuana commercial business, and the following
for each type of applicant:
(1)
For an individual or sole proprietorship: the proprietor and
spouse;
(2)
For a partnership and limited-liability partnership: all partners
and their spouses. For a limited partnership and limited-liability
limited partnership: all general and limited partners, not including
a limited partner holding a direct or indirect ownership interest
of 10% or less and who does not exercise control over or participate
in the management of the partnership, and their spouses. For a limited-liability
company: all members and managers, not including a member holding
a direct or indirect ownership interest of 10% or less and who does
not exercise control over or participate in the management of the
company, and their spouses;
(3)
For a privately held corporation: all corporate officers or
persons with equivalent titles and their spouses, all directors and
their spouses, and all stockholders, not including those holding a
direct or indirect ownership interest of 10% or less, and their spouses;
(4)
For a publicly held corporation: all corporate officers or persons
with equivalent titles and their spouses, all directors and their
spouses, and all stockholders, not including those holding a direct
or indirect ownership interest of 10% or less, and their spouses;
(5)
For a multilevel ownership enterprise: any entity or person
that receives or has the right to receive more than 10% of the gross
or net profit from the enterprise during any full or partial calendar
or fiscal year;
(6)
For a nonprofit corporation: all individuals and entities with
membership or shareholder rights in accordance with the articles of
incorporation or the bylaws and their spouses.
CULTIVATE
To propagate, breed, grow, harvest, dry, cure, or separate
parts of the marihuana plant by manual or mechanical means.
DEPARTMENT
The Michigan Department of Licensing and Regulatory Affairs,
or its successor agency.
DESIGNATED CONSUMPTION LOUNGE
A licensed marihuana-related business authorized to permit
individuals 21 years of age and older to consume marihuana products
on the premises.
EQUIVALENT LICENSE
Any of the following state operating licenses when held by
a single licensee:
(1)
Grower licenses of any class under both the MMFLA and MRTMA.
(2)
Processor licenses under both the MMFLA and MRTMA.
(3)
Secure transporter licenses under both the MMFLA and MRTMA.
(4)
Safety compliance facility licenses under both the MMFLA and
MRTMA.
(5)
A provisioning center license under the MMFLA and a retailer
license under the MRTMA.
EXCESS GROWER
The holder of five Class C grower licenses under the MRTMA
and at least two Class C grower licenses under the MMFLA.
GROWER
A licensee that cultivates, dries, trims, or cures and packages
marihuana for sale or transfer to a processor, provisioning center
or retailer, or another grower. The term also includes a licensed
excess grower.
INDUSTRIAL HEMP
Any part of the plant, whether growing or not, Cannabis sativa
L or the genus cannabis with a delta-9 tetrahydrocannabinol concentration
that does not exceed 0.3% on a dry-weight basis, or per volume or
weight of marihuana-infused product, or the combined percent of delta-9-tetrahydrocannabinol
and tetrahydrocannabinolic acid in any part of the plant regardless
of moisture content. Industrial hemp includes industrial hemp commodities
and products and topical or ingestible animal and consumer products
with a delta-9-tetrahydrocannabinol concentration of not more than
0.3% on a dry-weight basis.
LICENSEE
A person holding a state license to operate a marihuana facility
or marihuana establishment.
MARIHUANA
All parts of the plant Cannabis sativa L. or of the genus
cannabis, growing or not; the seeds of the plant; 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,
including marihuana concentrate and marihuana-infused products. For
purposes of this article, marihuana does not include industrial hemp.
MARIHUANA COMMERCIAL BUSINESS or MARIHUANA BUSINESS
(1)
Includes the following medical marihuana facilities, whether
operated for profit or not for profit:
(e)
A safety compliance facility.
(2)
Includes the following adult-use marihuana establishments, whether
operated for profit or not for profit:
(a)
A grower and excess grower.
(e)
A safety compliance facility.
(g)
Any other type of marihuana-related business licensed by the
Department and permitted by this article.
MARIHUANA PLANT
Any plant of the species Cannabis sativa L. or genus cannabis
but does not include industrial hemp.
MARIHUANA-INFUSED PRODUCT
A topical formulation, tincture, beverage, edible substance,
or similar product containing any usable marihuana and other ingredients
that is intended for human consumption in a manner other than smoke
inhalation.
MARIHUANA-RELATED BUSINESS
An adult-use marihuana establishment operating pursuant to
a special license issued by the Department and includes designated
consumption lounges, excess marihuana growers, marihuana event organizers
and temporary marihuana events.
MICROBUSINESS
A marihuana establishment authorized to cultivate not more
than 150 marihuana plants, process and package marihuana, and sell
or transfer marihuana to individuals 21 years of age and older and
to a safety compliance facility, but not to other marihuana establishments.
OPERATING PERMIT or PERMIT
The permit issued pursuant to this article authorizing the
operation of a marihuana commercial business in the Village.
PERMITTEE
A person who holds a permit issued by the Village pursuant
to this article to operate a marihuana business.
PERSON
An individual, corporation, limited-liability company, partnership,
limited partnership, limited-liability partnership, limited-liability
limited partnership, trust, or other legal entity and includes persons
within the definition of "applicant" as that term is used in this
article.
PROCESS or PROCESSING
The separation or preparation of parts of the marihuana plant
and to compound, blend, extract, infuse, or otherwise make or prepare
marihuana concentrate or marihuana- infused products.
PROCESSOR
A licensee that purchases or obtains marihuana from a grower
and processes the marihuana and sells or transfers it in packaged
form to a provisioning center, retailer, or another processor. A processor
is not prohibited from handling, processing, marketing or brokering
industrial hemp pursuant to the Industrial Hemp Research and Development
Act.
PROVISIONING CENTER
A licensee 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 and includes medical cannabis dispensaries. A noncommercial
location used by a registered primary caregiver to assist a qualifying
patient connected to the caregiver through the Department's marihuana
registration process in accordance with the Michigan Medical Marihuana
Act is not a provisioning center for purposes of this article.
REGISTERED QUALIFYING PATIENT or PATIENT
A qualifying patient who has been issued a current registry
identification card under the MMMA or a visiting qualifying patient
as that term is defined in the MMMA.
RETAILER
A licensee that obtains marihuana from marihuana establishments
and sells or otherwise transfers marihuana to marihuana establishments
and to individuals who are 21 years of age or older.
RULES
The general administrative rules promulgated and from time
to time amended by the Department to implement the MMFLA and MRTMA.
SAFETY COMPLIANCE FACILITY
A licensee that receives marihuana from a marihuana business
or from a registered primary caregiver, tests the marihuana and provides
certification of the potency of tetrahydrocannabinol and other cannabinoids,
and the presence of contaminants. A safety compliance facility may
receive industrial hemp for testing pursuant to the Industrial Hemp
Research and Development Act.
SECURE TRANSPORER
A licensee that stores marihuana and transports marihuana
between marihuana businesses for a fee.
SOCIAL EQUITY-QUALIFIED BUSINESS
A marihuana establishment operated by an applicant that qualifies
for the benefits offered under the social equity program administered
by either the Department or the Village.
STATE OPERATING LICENSE or LICENSE
A license that is issued by the Department under the MMFLA or MRTMA that allows the licensee to operate a marihuana commercial
business, as specified in the license.