[HISTORY: Adopted by the City Council of the City of Roseville as indicated in article histories. Amendments noted where applicable.]
[Adopted 2-28-1984 by Ord. No. 895 as Ch. 109 of the 1984 Code.]
[Amended 7-27-1999 by Ord. No. 1125]
It shall be unlawful for any person to possess, sell, offer for sale, distribute, administer, dispense, prescribe or give away any controlled substance as defined under the laws of the State of Michigan, hereafter referred to as "controlled substances," provided that nothing contained in this section shall be deemed to prohibit the possession, sale, offering for sale, distributing, administering, dispensing or prescribing of any of such controlled substances mentioned in this section in the manner and under such circumstances as provided in this article.
[Amended 7-27-1999 by Ord. No. 1125]
A manufacturer, wholesaler, apothecary, medical doctor, osteopathic physician, dentist, veterinarian, chiropodist, public or private hospital, sanitarium or institution maintained or conducted in whole or in part for the treatment of disability, disease, inebriety or drug addition may purchase, receive, possess, sell, distribute, prescribe, administer or dispense the controlled substances described in § 109-1, provided that he, she or they shall have complied with all provisions as required by the United States Internal Revenue Code, as the same now exists or may be hereafter amended, and the laws of the State of Michigan, as such law have been or shall hereafter be amended, and provided further that no medical doctor, osteopathic physician or other person specified in this section in any manner authorized to prescribe controlled substances shall prescribe the same for his or her own use, nor shall any druggist honor such a prescription, and provided further that all controlled substances obtained pursuant to this section shall be kept in the original package or container in which they were received, and provided further that this requirement should not be construed to apply to any duly licensed medical doctor, osteopathic physician, dentist, veterinarian or chiropodist or to any authorized person or persons acting directly under their supervision or control.
No person shall, at any time, have or possess a hypodermic syringe or needle or any other instrument or implement adapted for the use of controlled substances by subcutaneous injection or intracutaneous injection or any other manner or method of introduction and which is possessed for that purpose, unless such possession is authorized by the certificate of a licensed medical doctor or osteopathic physician issued within the period of one year, provided that the prohibition contained in this section shall not apply to manufacturers, wholesalers, jobbers, licensed medical technicians, technologists, nurses, hospitals, research teaching institutions, clinical laboratories, medical doctors or embalmers in the normal legal course of their respective business or profession, nor to persons suffering from diabetes, asthma or any other medical condition requiring self-injection.
A.
It shall be unlawful for any person to sell, furnish, supply or give away any empty gelatin capsules or hypodermic syringe or needle or other instrument or implement adapted for the use of controlled substances by subcutaneous injection or intracutaneous injection or any other manner or method of introduction to any person known to be a nonmedical habitual user of controlled substances.
B.
For the purpose of this section, a "nonmedical habitual user of controlled substances" shall mean any person who uses controlled substances merely to satisfy a craving for such drugs and who does not have a legitimate medical need for controlled substances.
Any fraud, deceit, misrepresentation, subterfuge or concealment of a material fact or the use of a false name or the giving of a false address for the purpose of obtaining any controlled substances or hypodermic syringe or needle or other instrument or implement or empty gelatin capsules, or false statement on any prescription blank, shall be deemed a violation of this article. No person who shall have obtained the possession of any controlled substances, hypodermic syringes, needles or other instruments or implements adapted for the use of such controlled substances or empty gelatin capsules, pursuant to the terms of 7this article, shall use the same or permit or authorize their use for any purpose other than that specifically authorized in the prescription or order by means of which such possession was obtained.
Any fraud, scheme, device, trick, deceit, misrepresentation or subterfuge or any other form of concealment for the purpose of obtaining money or any other thing of value by the sale, furnishing, supplying or giving away of any substance represented to be a controlled substance as described in § 109-1, when the same may or may not be the same, shall be deemed a violation of this article.
The provisions of this article restricting the possession of controlled substances or hypodermic syringes, needles or other implements or instruments adapted to the use of such controlled substances by means of subcutaneous injection or intracutaneous injection or any other manner or method of introduction, or empty gelatin capsules, shall not apply to common carriers or warehousepersons or their employees engaged in the lawful transportation or storage of such controlled substances, syringes, needles or capsules or to public officers or employees while engaged in the performance of their official duties, nor to temporary incidental possession on the part of employees or agents of persons lawfully entitled to possession.
A.
No person shall unlawfully use or be addicted to the unlawful use of controlled substances. Any such unlawful use or addiction shall be deemed a violation of this article. Any nonmedical habitual user of controlled substances, as defined in § 109-4, who shall make voluntary application to the Judge of the Municipal Court may, upon the presentment of a certificate executed by a practicing physician in the State of Michigan stating that he or she is a nonmedical habitual user of controlled substances, be committed, at the discretion of the Court, to any correctional or charitable institution, hospital, sanitarium or institution authorized for the treatment of disease or inebriety or drug addiction. Whenever the medical officer or head of such institution shall certify to the committing Judge or Court that any person so committed has been sufficiently treated, or gives any other reason which is deemed by such Judge or Court to be adequate and sufficient, the Court may, in accordance with the terms of the commitment, discharge the person so committed or return him or her to await further action of the Court.
B.
Any addicted person who does not make voluntary application for treatment as provided in this section shall be deemed to be in violation of this section.
No person shall knowingly loiter about, frequent or live in any building, apartment, store, automobile, boat, boathouse, airplane or other place of any description whatsoever where controlled substances, hypodermic syringes, needles or other instruments or implements, or empty gelatin capsules, are used, sold, dispensed, furnished, given away, stored or kept illegally.[1]
[1]
Editor’s Note: Former § 109-9.1, Transportation and possession of usable marijuana, added 9-24-2013 by Ord. No. 1264, and which immediately followed this section, was repealed 8-27-2019 by Ord. No. 1313.
[Added 8-27-2019 by Ord. No. 1313[1]]
It shall be unlawful for any person to possess, sell, offer for sale, distribute, consume, administer, dispense, prescribe or give away any controlled substance as defined in Article 7, Michigan Public Health Code (MCL 333.7101 et seq.), except as permitted by law and pursuant to the Michigan Regulation and Taxation of Marihuana Act, and as specifically provided below:
A. CULTIVATE DELIVER or DELIVERY MARIHUANA (1) (2) (3) MARIHUANA ACCESSORIES MARIHUANA CONCENTRATE PERSON PROCESS or PROCESSING REMUNERATION SALE
Definitions. The following words, as used in this section, shall have the following meanings, unless the context otherwise requires:
To propagate, breed, grow, harvest, dry, cure, or separate parts of the marihuana plant by manual or mechanical means.
The actual, constructive or attempted transfer from one person to another of marihuana, whether or not there is an agency relationship.
The substance or material identified and defined as "marihuana" in Section 3 of the Michigan Regulation and Taxation of Marihuana Act. It means 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 act, 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;
Industrial hemp; or
Any other ingredient combined with marihuana to prepare topical or oral administrations, food, drink, or other products.
Any equipment, product, material, or combination of equipment, products, or materials, which is specifically designed for use in planting, propagating, cultivating, growing, harvesting, manufacturing, compounding, converting, producing, processing, preparing, testing, analyzing, packaging, repackaging, storing, containing, ingesting, inhaling, or otherwise introducing marihuana into the human body.
The resin extracted from any part of the plant of the genus cannabis.
An individual, corporation, limited liability company, partnership of any type, trust, or other legal entity.
To separate or otherwise prepare parts of the marihuana plant and to compound, blend, extract, infuse, or otherwise make or prepare marihuana concentrate or marihuana-infused products.
Payment, compensation, and the act of paying or compensating.
Includes barter, exchange, or otherwise offer for remuneration.
B.
Lawful acts. Except as otherwise provided in this section, the following acts by a person 21 years of age or older are not unlawful:
(1)
Except as permitted in Subsection B(2), possessing, using or consuming, internally possessing, purchasing, transporting, or processing 2.5 ounces or less of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate.
(2)
Within the person's residence, possessing, storing, and processing not more than 10 ounces of marihuana and any marihuana produced by marihuana plants cultivated on the premises and cultivating not more than 12 marihuana plants for personal use, provided that no more than 12 marihuana plants are possessed, cultivated, or processed on the premises at once.
(3)
Assisting another person who is 21 years of age or older in any of the acts described in this section.
(4)
Giving away or otherwise transferring without remuneration up to 2.5 ounces of marihuana, except that not more than 15 grams of marihuana may be in the form of marihuana concentrate, to a person 21 years of age or older, as long as the transfer is not advertised or promoted to the public.
C.
Unlawful acts. Unless otherwise authorized by the State of Michigan or City of Roseville to conduct such activities, it shall be unlawful for any person to:
(1)
Operate, navigate, or be in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana.
(2)
Transfer marihuana or marihuana accessories to a person under the age of 21.
(3)
Be under the age of 21 and possess, consume, purchase, or otherwise obtain, cultivate, process, transport, or sell marihuana and/or marihuana accessories.
(4)
Separate or attempt to separate plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100º F. in any public place, motor vehicle, or within the curtilage of any residential structure.
(5)
Consume marihuana in public or smoke marihuana where prohibited by the person who owns, occupies, or manages the property except, for purposes of this Subsection C(5), a public place does not include an area the City has designated as an authorized area of consumption that is not accessible to persons under the age of 21.
(6)
Cultivate marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area.
(7)
Consume marihuana while operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoke marihuana within the passenger area of a vehicle upon a public way.
(8)
Possess marihuana accessories or possess or consume marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades one through 12, in a school bus, or on the grounds of any correctional facility.
(9)
Possess more than 2.5 ounces of marihuana within a person's place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area.
(10)
Possessing, selling, offering for sale, distributing, administering, dispensing, prescribing, giving away, or cultivating marihuana in any other manner other than lawful acts as described herein and for which specific penalty for an unlawful act is otherwise specified herein is unlawful.
D.
Penalty. A person who commits any of the following acts, and is not otherwise authorized by the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et. seq., or the City of Roseville Code of Ordinances, may be punished as follows:
(1)
A person who violates Subsection C(5), (6), or (9), where the person otherwise possesses not more than the amount of marihuana allowed, cultivates not more than the amount of marihuana allowed, delivers without receiving remuneration to a person who is at least 21 years of age not more than the amount of marihuana allowed, or possesses with intent to deliver not more than the amount of marihuana allowed, is responsible for a civil infraction and may be punished by a fine of $100 and forfeiture of the marihuana.
(2)
A person who possess not more than twice the amount of marihuana allowed, cultivates not more than twice the amount of marihuana allowed, delivers without receiving remuneration to a person who is at least 21 years of age not more than twice the amount of marihuana allowed, or possesses with intent to deliver not more than twice the amount of marihuana allowed, is punishable as follows:
(a)
For a first violation, is responsible for a civil infraction and may be punished by a fine of not more than $500 and forfeiture of the marihuana.
(b)
For a second violation, is responsible for a civil infraction and may be punished by a fine of not more than $1,000 and forfeiture of the marihuana.
(c)
For a third or subsequent violation, is guilty of a misdemeanor and may be punished by a fine of not more than $500 and forfeiture of the marihuana.
(d)
If a person engages in any of the activities prohibited by Subsection C while possessing more than the amount of marihuana allowed, cultivating more than the amount of marihuana allowed, delivering without receiving remuneration to a person who is at least 21 years age more than the amount of marihuana allowed, or possessing with intent to deliver more than the amount of marihuana allowed, the violation is punishable as a misdemeanor, with a fine not to exceed $500 or by imprisonment not to exceed 90 days, or both such fine and imprisonment, in the discretion of the court.
(3)
Except for a person who engaged in conduct described by subsection C(1), (4), or (7), a person under 21 years of age who possesses not more than 2.5 ounces of marihuana or who cultivates not more than 12 marihuana plants:
(4)
A person who possesses more than twice the amount of marihuana allowed, cultivates more than twice the amount allowed, or delivers without receiving any remuneration to a person who is at least 21 years of age more than twice the amount of marihuana allowed, is punishable as follows:
(a)
A person shall also be subject to imprisonment in the discretion of the court if the violation was habitual, willful, and for a commercial purpose, or if the violation involved violence.
E.
Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951 et. seq., and all future amendments, revisions, and or changes to the Michigan Regulation and Taxation of Marihuana Act when they are effective in this state are incorporated and adopted by reference.
[Amended 7-27-1999 by Ord. No. 1125; 9-24-2013 by Ord. No. 1264; 8-27-2019 by Ord. No. 1313]
Unless otherwise provided within this article, a person who violates this article is guilty of a misdemeanor punishable by imprisonment for not more than 93 days, or a fine of not more than $500, or both.
[Adopted 2-28-1984 by Ord. No. 895 as Ch. 160 of the 1984 Code]
[Amended 6-13-2017 by Ord. No. 1297]
As used in this article, the following terms shall have the meanings indicated:
Any substance containing a toxic chemical or solvent, or both, having the property of releasing toxic vapors, including but not limited to glue, cement, hair spray, paint, spray paint, inhalers, pressurized gas or other solvents, or chemicals having the property of releasing toxic vapors.
[Amended 6-13-2017 by Ord. No. 1297]
No person shall, for the purpose of causing a condition of intoxication, euphoria, excitement, exhilaration, stupefaction or dulling of the senses or nervous system, intentionally smell or inhale the fumes of any chemical agent, intentionally drink, eat or otherwise introduce any chemical agent into the respiratory or circulatory system or possess with intent to inhale or consume such chemical agent into the respiratory or circulatory system. This shall not prohibit the inhalation of any anesthesia for medical or dental purposes.
Any person violating the provisions of this article shall be guilty of a misdemeanor.
Any person who assists, aids, abets or encourages any person to violate the provisions of this article shall be guilty of a misdemeanor.
