[HISTORY: Adopted by the Township Board of the Charter Township
of Chesterfield as indicated in article histories. Amendments noted
where applicable.]
[Adopted 11-2-2015 by Ord. No. 152]
This article shall be known as the "Transportation and Possession
of Usable Marijuana in a Motor Vehicle Ordinance."
The purpose of this article is to protect public health, safety
and welfare and to restrict the transportation and possession of usable
marijuana, as defined by the Michigan Medical Marijuana Act in Section
26423 of the Public Health Code, Public Act 368 of 1978. In an effort
to promote and protect public health and welfare, the article prohibits
a person from transporting or possessing usable marijuana in or upon
any motor vehicle or any self-propelled vehicle designed for land
travel unless the usable marijuana is enclosed in a case carried in
the trunk of the vehicle, or if the vehicle does not have a trunk,
the marijuana must be enclosed in a case that is not readily accessible
from the interior of the vehicle.
This article is adopted pursuant to, and in accordance with
Act 246, Public Acts of 1945 as amended, and Public Act 460 of 2012.
Definitions utilized under this article shall be the same definitions
as provided in the Michigan Medical Marijuana Act, MCLA § 333.26423
et seq., as amended.
A person shall not transport or possess usable marijuana as
defined in Section 26423 of the Public Health Code, 1978 PA 368, MCLA
§ 333.26423, in or upon a motor vehicle or any self-propelled
vehicle designed for land travel, unless the usable marijuana is one
or more of the following:
Any violation of any provision of this article shall be a misdemeanor
punishable by imprisonment for not more than 93 days and/or a fine
of $500, or both, in addition to any other penalty provisions provided
for a violation of a misdemeanor as set forth in the general penalty
provisions of this Code of Ordinances.
[Adopted 11-19-2018 by Ord. No. 171]
This article shall be known and cited as the "Chesterfield Township
Prohibition of Marijuana Establishments Ordinance."
The purpose of this article is to exercise the Charter Township
of Chesterfield' s authority pursuant to the Michigan Regulation and
Taxation of Marihuana Act, MCLA § 333.27951, et seq. ("Act")
to prohibit the establishment and/ or operation of any and all marijuana
establishments, as defined by the Act, within the Charter Township
of Chesterfield.
This article is adopted pursuant to, and in accordance with
Section 6(1) of the Act adopted by the voters of the State of Michigan
on Tuesday, November 6, 2018.
It shall be unlawful to operate a marijuana establishment within
the boundaries of the Charter Township of Chesterfield. The term "marijuana
establishment" shall include, but not be limited to:
A.
Marijuana
microbusinesses;
B.
Marijuana
retailers;
C.
Marijuana
processors;
D.
Marijuana
secure transporters;
E.
Marijuana
safety compliance facilities;
F.
Marijuana
growers (a person licensed to cultivate marijuana and sell or otherwise
transfer marijuana to marijuana establishments);
G.
All marijuana-related
businesses licensed by the state pursuant to the Act.
A.
Any individual
or entity that violates any of the provisions of this article shall
be guilty of a misdemeanor and upon conviction thereof shall be subject
to a penalty not to exceed $500) or imprisonment for a period not
to exceed 90 days, or by both such fine and imprisonment.
B.
Any violation
of this article shall also constitute a nuisance per se, and the Township
shall have the right to seek abatement of the violation at law or
in equity.
If any section, paragraph, clause or provision of this article
is for any reason held to be invalid or unconstitutional, the invalidity
or unconstitutionality of such section, paragraph, clause or provision
shall not affect any of the remaining provisions of this article.
