[HISTORY: Adopted by the Township Board of the Township of New Buffalo as indicated in article histories. Amendments noted where applicable.]
ATTACHMENTS
Attachment 1 - Overlay Map
[Adopted 4-17-2023 by Ord. No. 04172023B[1]]
[1]
Editor's Note: This ordinance also superseded former Article I, Marihuana Establishments, adopted 12-17-2018 by Ord. No. 20181217.
The following words and phrases have the meanings ascribed to them when used in this article:
CO-LOCATION or CO-LOCATED
The siting and operation of a combination of multiple establishments or establishment types at a single location.
DESIGNATED CONSUMPTION ESTABLISHMENT
A commercial space that is licensed by LARA and authorized to permit adults 21 years of age and older to consume marihuana products at the location indicated on the state license.
EQUIVALENT LICENSES
Any of the following held by a single licensee:
A. 
A marihuana grower license, of any class, issued under the act and a grower license, of any class, issued under the MMFLA.
B. 
A marihuana processor license issued under the act and a processor license issued under the MMFLA.
C. 
A marihuana retailer license issued under the act and a provisioning center license issued under the MMFLA.
D. 
A marihuana secure transporter license issued under the act and a secure transporter license issued under the MMFLA.
E. 
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 by LARA to a person holding five class C marihuana grower licenses and licensed to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
LARA
The Department of Licensing and Regulatory Affairs and any successor department or agency within the department, including the Cannabis Regulatory Agency.
LICENSEE
A person holding a state operating license for a marihuana establishment.
MARIHUANA
All parts of the plant genus cannabis, growing or not; the seeds of that 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. Marihuana does not include 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. Marihuana does not include industrial hemp. Marihuana is also commonly known as "cannabis."
MARIHUANA ESTABLISHMENT
A marihuana grower, marihuana safety compliance establishment, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by LARA under the MRTMA.
MARIHUANA EVENT ORGANIZER
A person licensed to apply for a temporary marihuana event license under the rules.
MARIHUANA GROWER
A person licensed by LARA to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.
MARIHUANA MICROBUSINESS
A person licensed by LARA 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 establishment, but not to other marihuana establishments.
MARIHUANA PROCESSOR
A person licensed by LARA to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.
MARIHUANA RETAILER
A person licensed by LARA 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 by LARA to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.
MARIHUANA SAFETY COMPLIANCE ESTABLISHMENT
A person licensed by LARA to test marihuana, including certification for potency and the presence of contaminants.
MEDICAL MARIHUANA FACILITY
A grower, processor, secure transporter, provisioning center, or safety compliance facility licensed by LARA under the MMFLA.
MMMA
The Michigan Medical Marihuana Act, Initiated Law 1 of 2008, as amended, MCL 333.26424 et seq.
MMMFLA
The Michigan Medical Marihuana Facilities Licensing Act, 2016 PA 281, as amended, MCL 333.27102 et seq.
MRTMA
The Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951 et seq.
PREQUALIFICATION STEP or PREQUALIFIED
The portion of the application for a state operating license pertaining to the applicant's financial background and the criminal history of the applicant and other associated persons.
RULES
The administrative rules for adult-use marihuana establishments promulgated by LARA, as amended from time to time.
STACKED GROWER LICENSE
More than one state operating license issued to a single licensee to operate as a grower of class C (2,000 marihuana plants) as specified in each license at an establishment.
STATE OPERATING LICENSE or, unless the context requires a different meaning, "license"
A license that is issued by LARA under the MRTMA that allows the licensee to operate a marihuana establishment.
[Amended 1-21-2025 by Ord. No. 20250121]
A. 
Authorization and special land use permit required. No person shall operate a medical marihuana facility or a marihuana establishment in the Township without an authorization issued by the Township pursuant to the provisions of this section and a special use permit pursuant to this chapter and the Township Zoning Ordinance.
B. 
Number of and types of medical marihuana facilities and adult-use marihuana establishments eligible for authorization. As of the effective date of the ordinance amending this section, the Township prohibits medical marihuana facilities and adult-use marihuana establishments. This prohibition does not apply to:
(1) 
Medical marihuana facilities and adult-use marihuana establishments lawfully licensed by the Township as of the effective date of the ordinance amending this section;
(2) 
Medical marihuana facilities and adult-use marihuana establishments for which a complete application was received by the Township on or before March 18, 2024, if the facility or establishment subsequently receives all required approvals under the 2023 version of this chapter and the Township Zoning Ordinance and from LARA;
(3) 
The transfer of a license for an existing facility or establishment to a new licensee that intends to continue operating on the same parcel, subject to approval by the Township Board and LARA. The Township Board may require any information and documentation that it determines necessary to review the transfer request.
[Amended 2-17-2026 by Ord. No. 20260217]
A. 
Submission of supplementary information to the Township. Applicants for Township authorization and persons operating existing facilities or establishments in the Township must provide the Zoning Administrator with copies of all documents submitted to LARA in connection with the initial license application, subsequent renewal applications, or investigations conducted by LARA. The documents must be provided to the Zoning Administrator within 14 days of submission to LARA and may be submitted electronically to the Township unless otherwise requested by the Zoning Administrator.
B. 
Compliance with applicable laws and regulations.
(1) 
Medical marihuana facilities and adult-use marihuana establishments must be operated in compliance with the MMFLA, MRTMA, LARA Rules, all conditions of the establishment's state operating licenses, and all applicable Township ordinances, rules, regulations, and codes. Compliance with the foregoing does not create immunity from prosecution by federal authorities or other authorities of competent jurisdiction.
(2) 
A medical marihuana facility or adult-use marihuana establishment that is the subject of a formal administrative complaint or disciplinary action by LARA regarding its location in the Township must notify the Township Clerk and Zoning Administrator in writing within three business days after receiving notice from LARA of the complaint or disciplinary action. The notice must include a copy of the complaint or other communication from LARA concerning the violation and any order, consent order, or other document imposing discipline (including fines).
(3) 
A medical marihuana facility or adult-use marihuana establishment that is the subject of a formal administrative complaint or disciplinary action by LARA is not eligible for an outdoor assembly license under Chapter 101 of this Code of Ordinances (§§ 101-1 through 101-12) for a period of 12 months following the date that LARA imposes its disciplinary action.
C. 
No consumption on premises. No smoking, inhalation, or other consumption of marihuana shall take place on or within the premises of any facility or establishment. It shall be a violation of this article to engage in such behavior or for a person to knowingly allow such behavior to occur. Evidence of all of the following gives rise to a rebuttable presumption that a person allowed the consumption of marihuana on or within a premises in violation of this section:
(1) 
The person had control over the premises or the portion of the premises where the marihuana was consumed;
(2) 
The person knew or reasonably should have known that the marihuana was consumed; and
(3) 
The person failed to take corrective action.
D. 
Annual fee. A licensee must pay an annual fee for each license used within the Township to help defray administrative and enforcement costs. The initial annual fee must be paid to the Zoning Administrator when the application for Township approval is submitted. In each subsequent year, fees are due on the date on which the licensee submits an application to LARA for renewal of the state operating license. The amount of the annual fee is to be established by resolution of the Township Board.
[1]
Editor's Note: Former § 257-3, Application for authorization, and § 257-4, Relocation of facilities or establishments and transfers of licenses, were repealed 1-21-2025 by Ord. No. 20250121. This ordinance also redesignated former §§ 257-5 through 257-8 as §§ 257-3 through 257-6, respectively.
[Amended 5-23-2025 by Ord. No. 20250523A]
A. 
Request for revocation of state operating license. If at any time an authorized facility or establishment violates this article or any other applicable Township ordinance, the Township Board may request that LARA revoke or refrain from renewing the facility or establishment's state operating license.
B. 
The Township may treat the violation as a municipal civil infraction, for which each day the violation continues will be a separate offense, and impose the following fines:
(1) 
First violation: $2,500.
(2) 
Second offense: $5,000.
(3) 
Each subsequent offense: $10,000.
C. 
Other remedies. The foregoing sanctions are in addition to the Township's right to seek other appropriate and proper remedies, including actions in law or equity.
Any ordinance inconsistent with this article shall be repealed but only to the extent necessary to give this article full force and effect.