[Adopted 4-18-2011 (Ch. 22, Art. VII, of the 2006 Code of Ordinances); amended in its entirety 4-16-2018]
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A. 
The Township finds that it is in the public interest to allow the permitting of state-licensed medical marihuana facilities within its boundaries pursuant to the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, MCL 333.27101 et seq. (the MMFLA).
B. 
The purpose of this section is to establish standards for siting medical marihuana facilities. It is the Township's intent to permit the siting of medical marihuana facilities within its boundaries, subject to conditions, to:
(1) 
Promote the safe, regulated manufacturing, production, and sale by state-licensed facilities of medical marihuana, and ensure the safe access to medical marihuana to the Township's patients.
(2) 
Prohibit the sale of unsafe and unlicensed medical marihuana products.
(3) 
Preserve and protect the health, safety, and welfare of the residents of the Township and the public by minimizing unsafe and unregulated medical marihuana production and sale.
(4) 
Establish standards and procedures by which the siting, operating, and maintaining of a medical marihuana facility shall be governed.
(5) 
The number of medical marihuana licenses, in each category, to be determined by resolution of the Egelston Township Board of Trustees, from time to time.
C. 
It is the intent of this article to give effect to the intent of the Michigan Medical Marihuana Act, Initiated Act 1 of 2008, MCLA 333.26421 et seq. (the MMMA), as approved by the electors. The purpose of this article is to serve and protect the health, safety and welfare of the general public.
Nothing in this article shall be construed in such a manner as to conflict with the existing Township ordinances, except as otherwise stated herein.
A. 
As used in this article, the following terms shall have the meanings indicated:
ACT
Means PA 281 of 2016, the Medical Marihuana Facilities Licensing Act.
APPLICANT
Means a person who applies for a license under this section. If an entity applies for a license, the term includes an officer, director, managerial employee or has a direct or indirect ownership interest in the applicant.
GROWER
Means an MMFLA licensee that is a commercial entity located in this state that cultivates, dries, trims, cures or packages marihuana for sale to a processor or provisioning center.
MARIHUANA FACILITY
Means a location at which a license holder is licensed to operate under the MMFLA.
MARIHUANA-INFUSED PRODUCT
Means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana that is intended for human consumption in a manner other than smoke inhalation.
MMFLA
Means the Medical Marihuana Facilities Licensing Act, PA 281 of 2016, MCL 333.27101 et seq.
MMMA
Means the Michigan Medical Marihuana Act, Initiated Act 1 of 2008, MCL 333.26421 et seq.
MMMA CAREGIVER FACILITY
Means any building(s) or structure(s) located on non-residential property that is utilized by one or more than one primary caregiver engaged in the medical use of marihuana pursuant to the MMMA.
PERMIT
Means a permit issued by the Township under this section.
PRIMARY CAREGIVER or CAREGIVER
Means a person as defined by the MMMA.
PROCESSOR
Means an MMFLA licensee that is a commercial entity located in this state that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center.
PROVISIONING CENTER
Means an MMFLA licensee that is a commercial entity located in this state that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualify 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. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the department's marihuana registration process in accordance with the MMMA is not a "provisioning center" for purposes of the MMFLA or this section.
QUALIFYING PATIENT or PATIENT
Means a person defined by the MMMA.
REGISTRY IDENTIFICATION CARD
Means the document as defined by the MMMA.
SAFETY COMPLIANCE FACILITY
Means an MMFLA licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility.
SECURE TRANSPORTER
Means an MMFLA licensee that is a commercial entity located in this state that transports marihuana, with or without storage, between marihuana facilities for a fee.
STATE OPERATING LICENSE
Means a license that is issued under the MMFLA that allows the licensee to operate as a marihuana facility.
B. 
All other terms used in this article have the same definitions ascribed to them in the MMFLA or MMMA.
Pursuant to Section 205(1) of the MMFLA,[2] the Township will authorize permits for the following types of marihuana facilities: growers; processors; provisioning centers; safety compliance facilities; and secure transporters, by resolution from time to time. The Township will authorize the maximum number of permits for the following types of marihuana facilities, by resolution from time to time. The Township also requires each facility to follow the guidelines listed for each facility:
A. 
Growers, Class A, Class B and Class C:
(1) 
Growers must be located at least 1,000 feet from any school zone and 500 feet from a church or licensed day care.
(2) 
Any lighting used by the grower for plant growth cannot be seen from the outside of the building.
(3) 
Any building used by the grower must follow all local and state fire laws.
(4) 
All buildings used by the grower must not be accessible by the public.
B. 
Processors:
(1) 
All processors must be located at least 1,000 feet from any school zone and 500 feet from a church or licensed day care.
(2) 
All buildings used by the processor must not be accessible by the public.
(3) 
There shall not be any images of marihuana plants or leaves placed on any processor's building or any of its signage.
(4) 
Any building used by the processor must follow all local and state fire laws.
C. 
Provisioning centers:
(1) 
Provisioning centers must be located at least 1,000 feet from any school zone and 500 feet from a church or licensed day care.
(2) 
There shall not be any images of marihuana plants or leaves placed on any provisioning center building or any of its signage.
(3) 
There shall be no loitering within 100 feet of the provisioning center.
(4) 
All entrances and exits of a provisioning center must be illuminated with at least 100 watt bulb. There shall be no obstructions of any type within 50 feet of the entrance of a provisioning center. This includes but is not limited to any type of plants or shrubbery, signs or the like.
(5) 
Provisioning center operating hours will be between 9:00 a.m. and 9:00 p.m.
(6) 
All provisioning centers must follow all state and local fire laws.
D. 
Secure transporters:
(1) 
There shall not be any images of marihuana plants or leaves placed on any transporter's buildings or vehicles or any of its signage.
(2) 
All buildings used for the storage of marihuana by the transporters must not be accessible by the public.
(3) 
All buildings used by secure transporters must follow all state and local fire laws.
(4) 
Secure transporters must be located at least 1,000 feet from any school zone and 500 feet from a church or licensed day care.
E. 
Safety compliance facilities:
(1) 
There shall not be any images of marihuana plants or leaves placed on any safety compliance facilities or any of its signage.
(2) 
All buildings used by the safety compliance facilities must not be accessible by the public.
(3) 
All buildings used by safety compliance facilities must follow all state and local fire laws.
(4) 
Provisioning centers must be located at least 1,000 feet from any school zone and 500 feet from a church or licensed day care.
[1]
Editor's Note: See also § 450-335, Marihuana businesses.
[2]
Editor's Note: See MCL 333.27205(1).
A. 
Any person or entity that wishes to operate as a marihuana facility in the Township shall obtain a permit and must obtain a state operating license prior to opening or operating.
B. 
The application and inspection fee for the permit required by this section shall be as set from time to time by the Township by resolution.
C. 
In addition to an annual reapplication and inspection fee, the Township shall assess an annual fee of no more than $5,000 to help defray the administrative and enforcement costs associated with the operation of the marihuana facilities operating in the Township.
D. 
No permit issued under this section shall be transferable.
E. 
All permits issued under this section shall be renewed annually and subject to annual inspection and renewal fees as set from time to time by the Township by resolution.
F. 
The Township may limit the number of permits issued under this section, and may revise this limit from time to time.
G. 
A person or entity that receives a permit under this section shall display its permit and, when issued, its state medical marihuana facility license in plain view clearly visible to Township officials and State Medical Marihuana Licensing Board authorized agents.
H. 
No person or entity that opened or operated a facility doing business or purporting to do business as a marihuana facility prior to the adoption of this article shall be considered a lawful use.
I. 
All marihuana business will have a minimum of one yearly regulation compliance inspection made by the Egelston Township Fire Chief, or someone he assigns as his representative, and by any person authorized by the Township supervisor. If any marihuana business located in Egelston Township fails to comply with the Egelston Township Marihuana Ordinance, the Egelston Township appointed inspector will notify the business of the noncompliance and will give the business a time limit to get back into compliance. If the business fails to meet the compliance deadline, the business will be assessed a fee of $1,000 per day, plus costs, until the business is back into compliance with this article.
J. 
This section does not apply to, or regulate, any protected patient or caregiver conduct pursuant to the Michigan Medical Marihuana Act of 2008.
A. 
Growers, processors, provisioning centers, safety compliance facilities, and secure transporters are permitted in those zones and subject to requirements provided for in Chapter 450, Zoning.
B. 
The marihuana facility shall meet all applicable written and duly promulgated standards of the Township and, prior to opening, applicants shall demonstrate to the Township that the location meets the rules and regulations promulgated by the state Medical Marihuana Facilities Licensing Board.
A. 
All applicants for permits required by this section shall file an application with the Clerk. This application shall be signed by the applicant if an individual, or by all partners if a partnership, by a managing member if a limited-liability company, or by the president of a corporation.
B. 
The applicant may be requested to provide any information required by the MMFLA and any other information deemed by the Township to be required for the consideration of a permit.
C. 
The permit may be approved if the applicant meets all Township requirements unless a due diligence investigation discloses tangible evidence that the conduct of the applicant's business would pose a substantial threat to the public health, safety, or general welfare.
[Amended at time of adoption of Code (see Ch. 1, General Provisions, Art. III)]
A permit granted under this article may be revoked or not renewed for any of the following reasons:
A. 
Any fraud or misrepresentations contained in the permit application;
B. 
Any knowing violation of this article;
C. 
Loss of the applicant's State Medical Marihuana Facility License;
D. 
Failure of the applicant to obtain a State Medical Marihuana Facility License within a reasonable time after obtaining a permit under this section;
E. 
Conducting business in an unlawful manner or in such a way as to constitute a menace to the health, safety, or general welfare of the public;
F. 
The violation of any of the conditions of issuance or continuation of a certificate of registration;
G. 
Fraud, misrepresentation or any false statement made in the operation of the business;
H. 
Failure to pay real and personal property taxes or timely file documentation or returns required for such taxes;
I. 
Failure to pay any outstanding amounts owed the Township (such as fees for inspections or property services, water or sewer bills, municipal civil infraction fines applicable to the business or its premises, current special assessment, installments, etc.);
J. 
Failure to pay registration fees imposed pursuant to this article and resolution of the Township Board;
K. 
Failure or inability of an applicant to meet and satisfy any of the requirements and provisions of this article;
L. 
Failure to allow inspection of the business premises or hazardous material storage records at a reasonable time.