For the purposes of this chapter, the following words, terms and
phrases, when used in this chapter, shall have the meanings ascribed
to them in this section, except where the context clearly indicates
a different meaning. All definitions have been drawn from and are
intended to have the same meaning as those terms are ascribed in the
Act or its Rules as provided in the Act:
ACT
The Michigan Regulation and Taxation of Marihuana Act, 2018
Initiated Law 1, MCLA 333.27951 to 333.27967.
AGENCY
The Marijuana Regulatory Agency.
APPLICANT
A person who applies for a license in the City of Lapeer
pursuant to this chapter to operate a marihuana retailer, marihuana
grower, marihuana processor, marihuana secure transporter, marihuana
safety compliance facility or marihuana microbusiness under this chapter.
(1)
For purposes of this definition, an applicant includes a managerial
employee of the applicant, a person holding a direct or indirect ownership
interest of more than 10% in the applicant, and the following for
each type of applicant:
(a)
For an individual or sole proprietorship: the proprietor and
spouse.
(b)
For a partnership and limited liability partnership: all partners
and their spouses.
(c)
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.
(d)
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.
(e)
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.
(f)
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.
(g)
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.
(h)
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.
(2)
For purposes of this definition, an applicant does not include:
(a)
A person who provides financing to an applicant or licensee
under a bona fide financing agreement at a reasonable interest rate.
(b)
A franchisor who grants a franchise to an applicant, provided
that the franchisor does not have the right to receive royalties based
upon the sale of marihuana or marihuana-infused products by the applicant
who is a franchisee. Nothing in this chapter shall be construed to
preclude a franchisor from charging an applicant who is a franchisee
a fixed fee. As used in this definition, the terms "franchise," "franchisor,"
and "franchisee" shall have the meanings set forth in Section 2 of
the Franchise Investment Law, 1974 PA 269, MCLA 445.1502.
(c)
A person receiving reasonable payment for rent on a fixed basis
under a bona fide lease or rental obligation.
(d)
A person receiving reasonable payment under a licensing agreement
or contract approved by the agency concerning the licensing of intellectual
property, including, but not limited to, brands and recipes.
BUILDING
A combination of materials forming a structure affording
an establishment or shelter for use or occupancy by individuals or
property. Building includes a part or parts of the building and all
equipment in the building. A building shall not be construed to mean
a building incidental to the use for agricultural purposes of the
land on which the building is located.
CO-LOCATE
To locate or be in jointly or together; to share or designate
to share the same place.
COMMON OWNERSHIP
Two or more state licenses or two or more equivalent licenses
held by one person.
COMPLETE APPLICATION
An application that includes all the information required
in Rules 7, 8, and 10.
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 ESTABLISHMENT
A commercial space that is licensed by the agency and authorized
to permit adults 21 years of age and older to consume marihuana products
at the location indicated on the state license as permitted by the
Rules and Regulations adopted by the Bureau of Marihuana Regulation
(BMR).
EMPLOYEE
A person performing work or service for compensation. An
employee does not mean individuals providing trade services who are
not normally engaged in the operation of a marihuana establishment.
EQUIVALENT LICENSES
Any of the following held by a single licensee:
(1)
A marihuana grower license, of any class, issued under the Act
and a grower license, of any class, issued under the MMFLA.
(2)
A marihuana processor license issued under the Act and a processor
license issued under the MMFLA.
(3)
A marihuana retailer license issued under the Act and a provisioning
center license issued under the MMFLA.
(4)
A marihuana secure transporter license issued under the Act
and a secure transporter license issued under the MMFLA.
(5)
A marihuana safety compliance facility license issued under
the Act and a safety compliance facility license issued under the
MMFLA.
EXCESS MARIHUANA GROWER
A license issued to a person holding five Class C marihuana
grower licenses or more and licensed to cultivate marihuana and sell
or otherwise transfer marihuana to marihuana establishments.
[Amended 4-5-2021]
LICENSEE
A person holding a state license under the Act or a person
holding a municipal license granted by the City of Lapeer, or both.
MARIHUANA
All parts of the plant 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 chapter,
marihuana does not include:
(1)
The mature stalks of the plant, fiber produced from the stalks,
oil or cake made from the seeds of the plant, any other compound,
manufacture, salt, derivative, mixture, or preparation of the mature
stalks, except the resin extracted from those stalks, fiber, oil,
or cake, or any sterilized seed of the plant that is incapable of
germination;
(3)
Any other ingredient combined with marihuana to prepare topical
or oral administrations, food, drink, or other products.
MARIHUANA ACCESSORIES
Any equipment, product, material, or combination of equipment,
products, or materials, which is specifically designed for use of
planting, propagating, cultivation, growing, harvesting, manufacturing,
compounding, converting, producing, processing, preparing, testing,
analyzing, packaging, repackaging, storing, containing, ingesting,
inhaling, or otherwise introducing marihuana into the human body.
MARIHUANA ESTABLISHMENT
A marihuana grower, marihuana safety compliance facility,
marihuana processor, marihuana microbusiness, marihuana retailer,
marihuana secure transporter, marihuana designated consumption establishment,
or any other type of marihuana-related business licensed to operate
by the Agency under the Act.
MARIHUANA GROWER
A person licensed to cultivate marihuana and sell or otherwise
transfer marihuana to marihuana establishments.
MARIHUANA MICROBUSINESS
A person licensed to cultivate not more than 150 marihuana
plants; process and package marihuana; and sell or otherwise transfer
marihuana to individuals who are 21 years of age or older or to a
marihuana safety compliance facility, but not to other marihuana establishments.
MARIHUANA PROCESSOR
A person licensed to obtain marihuana from marihuana establishments;
process and package marihuana; and sell or otherwise transfer marihuana
to marihuana establishments.
MARIHUANA RETAILER
A person licensed to obtain marihuana from marihuana establishments
and to sell or otherwise transfer marihuana to marihuana establishments
and to individuals who are 21 years of age or older.
MARIHUANA SECURE TRANSPORTER
A person licensed to obtain marihuana from marihuana establishments
in order to transport marihuana to marihuana establishments.
MUNICIPAL LICENSE
A license issued by a municipality pursuant to Section 16
of the Act that allows a person to operate a marihuana establishment
in that municipality where the Department has failed to timely accept
or process an application under the Act.
PERSON
An individual, corporation, limited liability company, partnership
of any type, trust, or other legal entity.
PROPOSED MARIHUANA ESTABLISHMENT
A location at which an applicant plans to operate a marihuana
establishment under the Act and this chapter if the applicant is issued
a license.
STAKEHOLDER
The officers, directors, and managerial employees of an applicant
and any persons who hold any direct or indirect ownership interest
in the applicant.
STATE LICENSE
A license issued by the Department that allows a person to
operate a marihuana establishment.
TEMPORARY MARIHUANA EVENT LICENSE
A state license held by a marihuana event organizer for an
event where the on-site sale or consumption of marihuana products,
or both, are authorized at the location indicated on the state license
during the dates indicated on the state license.