Township of Lawrence, MI
Van Buren County
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[HISTORY: Adopted by the Township Board of Trustees of the Township of Lawrence 12-12-2019. Amendments noted where applicable.]
An ordinance to provide a title for the chapter; to define words; to authorize the operation of and provide regulations for medical marihuana facilities in Lawrence Township pursuant to Public Act 281 of 2016,[1] as may be amended; to provide for an annual fee; to provide penalties for violation of this chapter; to provide for severability; to repeal all ordinances or parts of ordinances in conflict therewith and to provide an effective date.
[1]
Editor's Note: See MCLA § 333.27101 et seq.
This chapter shall be known as and may be cited as the "Lawrence Township Medical Marihuana Facilities Ordinance."
Words used herein shall have the definitions as provided for in P.A. 281 of 2016, as may be amended.
A. 
The following medical marihuana facilities may be authorized to operate within the Township by the holder of a state operating license, subject to compliance with P.A. 281 of 2016,[1] as may be amended, the rules promulgated thereunder and this chapter.
(1) 
Not more than nine growers shall be authorized in the Township, which number shall include all of the following Class A, Class B and Class C growers authorized in the Township:
(a) 
Not more than three Class A growers (500 marihuana plants) may be authorized in the Township.
(b) 
Not more than three Class B growers (1,000 marihuana plants) may be authorized in the Township.
(c) 
Not more than three Class C growers (1,500 marihuana plants) may be authorized in the Township.
(2) 
Not more than three processors shall be authorized in the Township.
(3) 
Not more than zero provisioning centers shall be authorized in the Township.
(4) 
Not more than three safety compliance facilities shall be authorized in the Township.
(5) 
Not more than three secure transporters shall be authorized in the Township.
[1]
Editor's Note: See MCLA § 333.27101 et seq.
B. 
On and after January 15, 2020, the Township shall accept applications for authorization to operate a medical marihuana facility within the Township. Application shall be made on a Township form and must be submitted to the Township Clerk and/or other designee of the Township Board (hereinafter referred to as the "Clerk"). Once the Clerk receives a complete application, including the initial annual medical marihuana facility fee, the application shall be time and date stamped. Complete applications shall be considered for authorization in consecutive time-and-date-stamped order. Upon consideration, if the facility-type authorization is available within the number specified above, then the applicant shall receive conditional authorization to operate such medical marihuana facility within the Township. Once the limit on the number of an authorized facility is conditionally reached, then any additional complete applications shall be held in consecutive time-and-date-stamped order for future conditional authorization. Any applicant waiting for future conditional authorization may withdraw their submission by written notice to the Clerk at any time and receive refund of the initial annual medical marihuana fee submitted.
C. 
Within 30 days from conditional authorization from the Township, the conditionally authorized applicant must submit proof to the Clerk that the applicant has applied for prequalification from the state for a state operating license or has submitted full application for such license. If the applicant fails to submit such proof, then such conditional authorization shall be canceled by the Clerk and the conditional authorization shall be available to the next applicant in consecutive time-and-date-stamped order as provided for in § 30-9B herein.
D. 
If a conditionally authorized applicant is denied prequalification for a state operating license or is denied on full application for a state operating license, then such conditional authorization will be canceled by the Clerk and the conditional authorization shall be available to the next applicant in consecutive time-and-date-stamped order as provided for in § 30-9B herein.
E. 
A conditionally authorized applicant shall receive full authorization from the Township to operate the medical marihuana facility within the Township upon the applicant providing to the Clerk proof that the applicant has received a state operating license for the medical marihuana facility in the Township and the applicant has met all other requirements of this chapter for operation, including but not limited to any zoning approval for the location of the facility within the Township.
F. 
If a conditionally authorized applicant fails to obtain full authorization from the Township within one year of the date of conditional authorization, then such conditional authorization shall be canceled by the Clerk and the conditional authorization shall be available to the next applicant in consecutive time-and-date-stamped order as provided for in § 30-9B herein. The Township Board shall have authority to extend the deadline to obtain full authorization for up to an additional six months on written request of the applicant, within 30 days prior to cancellation, upon the reasonable discretion of the Township Board finding good cause for the extension.
A. 
An authorized medical marihuana facility shall only be operated within the Township by the holder of a state operating license issued pursuant to P.A. 281 of 2016,[1] as may be amended, and the rules promulgated thereunder. The facility shall only be operated as long as the state operating license remains in effect.
[1]
Editor's Note: See MCLA § 333.27101 et seq.
B. 
Prior to operating an authorized medical marihuana facility within the Township pursuant to a state operating license, the facility must comply with all Chapter 1, Zoning, regulations. The facility shall only be operated as long as it remains in compliance with all Chapter 1, Zoning, regulations.
C. 
Prior to operating an authorized medical marihuana facility within the Township pursuant to a state operating license, the facility must comply with all Township construction and building ordinances, all other Township ordinances specifically regulating medical marihuana facilities, and generally applicable Township police power ordinances. The facility shall only be operated as long as it remains in compliance with all such ordinances now in force or which hereinafter may be established or amended.
D. 
An authorized medical marihuana facility shall consent to inspection of the facility by Township officials and/or by the County Sheriff's Department, upon reasonable notice, to verify compliance with this chapter.
E. 
If at any time an authorized medical marihuana facility violates this chapter, the Township Board may request that the state revoke or refrain from renewing the facility's state operating license. Once such state operating license is revoked or fails to be renewed, the Clerk shall cancel the Township authorization and the authorization shall be available to the next applicant in consecutive time-and-date-stamped order as provided for in § 30-9B herein.
F. 
It is hereby expressly declared that nothing in this chapter be held or construed to give or grant to any authorized medical marihuana facility a vested right, license, privilege or permit to continued authorization from the Township for operations within the Township.
G. 
The Township expressly reserves the right to amend or repeal this chapter in any way, including but not limited to complete elimination of or reduction in the type and/or number of authorized medical marihuana facilities authorized to operate within the Township.
There is hereby established an annual, nonrefundable Township medical marihuana facility fee in the amount of $5,000 for each authorized medical marihuana facility within the Township, to help defray administrative and enforcement costs associated therewith. An initial annual medical marihuana facility fee of $5,000 shall be payable at the time of application for Township authorization, and thereafter, the same amount shall be payable each year by the anniversary of the date of full Township authorization to operate the medical marihuana facility.
A. 
Any person found to have violated this chapter, by a court of competent jurisdiction, is responsible for a municipal civil infraction under Chapter 25, Municipal Civil Infractions, of the Code of the Township of Lawrence.
B. 
This chapter shall be administered and enforced by the Ordinance Enforcement Officer of the Township or by such other person(s) as designated by the Township Board from time to time.
The provisions of this chapter are hereby declared to be severable. If any clause, sentence, word, section or provision is hereafter declared void or unenforceable for any reason by a court of competent jurisdiction, it shall not affect the remainder of such chapter, which shall continue in full force and effect. The provisions herein shall be construed as not interfering or conflicting with the statutory regulations for licensing medical marihuana facilities pursuant to PA 281 of 2016,[1] as may be amended.
[1]
Editor's Note: See MCLA § 333.27101 et seq.
A prosecution that is pending on the effective date of this chapter and that arose from a violation of an ordinance repealed or amended by this chapter, or a prosecution that is started within one year after the effective date of this chapter arising from a violation of an ordinance repealed or amended by this chapter and that was committed before the effective date of this chapter shall be tried and determined exactly as if the ordinance had not been repealed or amended.
This chapter shall take effect 30 days after publication upon adoption.