Medical Marijuana Ordinance

Medical Marihuana Ordinance

Section 1: Legislative Intent

  1. The purpose of this ordinance is to regulate and control, through the powers of the Village of Barryton (“Village”), the licensing and operations of marihuana facilities to the extent permissible under the Michigan Medical Marihuana Facilities Licensing Act. This regulation is created to promote and protect the public health, safety and welfare of the residents of the Village.
  • The Village finds that the activities described in this Chapter are significantly connected to the public health, safety, security and welfare of its citizens and is therefore necessary to regulate and enforce safety, security, fire, policing, health and sanitation practices related to such activities.

Section 2: Definitions

  1. Words and phrases contained in the Michigan Medical Marihuana Facilities Licensing Act (“MMFLA”), MCL 333.27101 et seq, the Medical Marihuana Act (“MMMA”), MCL 333.26421 et seq., the Marihuana Tracking Act (“MTA”), MCL 333.27901 et seq., and the permanent rules regarding medical marihuana promulgated by the State, shall have the same meaning in this Chapter as in the acts and rules.  If, at any time, a word or phrase set forth in this Chapter conflicts with a definition in the MMMA or MMFLA then the definition in the MMMA or MMFLA shall apply.
  • This Ordinance shall not limit an individual or entity’s rights under the MMMA or the MMFLA.
  • Any term defined by 21 USC 860(e) referred in this Chapter shall have the definition given by 21 USC 860(e).
  • All activities related to medical marihuana, including those related to a medical marihuana provisioning center, a medical marihuana grower facility, a medical marihuana secured transporter, a medical marihuana processor or a medical marihuana safety compliance facility shall be in compliance with the rule of the Marihuana Regulatory Agency, the rules of the Michigan Department of Licensing and Regulatory affairs, or any successor agency, the rule and regulations of the Village, the MMMA, MMFLA and the MTA.
  • Any use which purports to have engaged in the cultivation or processing of marihuana into a usable form, or the distribution of marihuana, or the testing of marihuana either prior to or after enactment of this Chapter but without obtaining the required licensing set forth in this Chapter, shall be deemed to be not legally in compliance with this Chapter and/or state law and shall not be entitled to legal nonconforming status under this provision or state law.

The following words and phrases shall have the following definitions when used in this Ordinance:

  1. “Application” means an application for a license pursuant to the terms and conditions set forth in the MMFLA.
  1. “Authorized person” means:
    1. An owner of a facility;
    1. The directors, officers, members, partners, and individuals of a facility that is a corporation, limited liability company, partnership, or sole proprietorship;
    1. Any person who is in charge or on the premises of the facility during business hours.
  1. “Chapter” means this Chapter _____.
  1. “Clerk” means the Village Clerk of Barryton.
  • “Facility” means a medical marihuana facility as defined in the MMFLA, which is required to be licensed under this Chapter and possess a state license or approval to operate from the State. Facility types include:
    • Medical marihuana provisioning center
    • Medical marihuana processor
    • Medical marihuana grower facility
    • Marihuana secure transporter, and
    • Medical marihuana safety compliance facility.
  • “Grower” means a commercial or business entity who cultivates and sells marihuana to other facilities, as permitted by the MMFLA, including the following:
    • Class A grower, which allows for a maximum of 500 plants under the MMFLA.
    • Class B grower, which allows for a maximum of 1,000 plants under the MMFLA.
    • Class C grower, which allows for a maximum of 1,500 plants under the MMFLA.
  • “Marihuana” means the same as is defined by the MMFLA.
  • “Medical Marihuana” means as is defined by MMA, MCL 333.26423.
  1. “Licensee” means the person granted a Village license to operate a marihuana facility.
  • “Permitted Property” means real property comprised of a lot, parcel or other designated unit of real property upon which the marihuana facility is situated.
  • “Processor” means a commercial or business entity which purchases marihuana from a grower and 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 a commercial or business entity that is licensed to operate or granted approval by the State pursuant to the MMFLA and is licensed by the Village, pursuant to this Chapter, that sells, supplies, or provides medical marihuana to registered qualifying patents only a permitted by State law and the permanent rules. This includes any commercial property or business where marihuana is sold in conformance with State law and regulation. A noncommercial or nonbusiness location used by a primary caregiver to assist a qualifying patient, as defined in the MMA, MMFLA or MTA is not a medical marihuana provisioning center for purposes of this Chapter.
  • “Safety compliance facility” means a commercial or business entity that extracts resin from marihuana or creates a marihuana-infused product, processes and packages marihuana, and sells or otherwise transfers marihuana to marihuana operations, to the extent permitted by State law and rules.
  • “Secure transporter” means a commercial or business entity that is licensed to operate, pursuant to the MMFLA, and is licensed to operate by the Village, pursuant to the terms of this Chapter, which stores marihuana and transports marihuana between medical marihuana facilities for a fee and in accordance with State law.
  • “State license” means a valid state operating license issued under the MMFLA.
  • “Village license” means a current and valid license that is issued by the Village under this Chapter to the licensee permitting the operating of a medical marihuana facility.

Section 3: Marihuana facilities authorized

  1. Pursuant to the MMFLA, the Village hereby authorizes the operation of the following types of properly licensed commercial medical marihuana facilities:
  1. Class A Growers
    1. Class B Growers
    1. Class C Growers
    1. Processors
    1. Provisioning Centers
    1. Safety Compliance Facilities
    1. Secure Transports

Section 4: Village license required, number of licenses available.

  1. The number of commercial medical marihuana facility licenses allowed at any time to be granted by the Village Clerk shall not exceed the following maximums within the Village:
    1. Class A Grow – 2
    1. Class B Grow-1
    1. Class C Grow – 1
    1. Processor – 1
    1. Provisioning Center – 1
    1. Safety Compliance – 1
    1. Secure Transport – 1
  • The Village may review and amend these numbers by resolution annually or as it determines to be necessary and/or advisable.
  • No person shall operate a facility for which an annual license, as provided for in this Chapter, has not been issued. A marihuana facility operating without a state license, Village license or approval is hereby declared to be a public nuisance.
  • A license issued under this Chapter shall be valid for 1 year after the date of issuance. In order to renew an existing license, the licensee shall submit an application for renewal no earlier than 90 days or later than 60 days before the expiration date of the license. The application shall be accompanied by a renewal fee of $5,000.
  • The issuance of any license pursuant to this Chapter does not create an exception, defense or immunity to any person in regard to any potential criminal or civil liability the person may have under any federal or state law or Village ordinance.
  • A license issued under this Chapter is only valid for the location of the facility and the type of facility that is stated on the license application. The licensee must at all times hold a valid and current state license and shall provide a copy of their state license to the Village Clerk. 
  • A licensee, upon acceptance of a license, consents to inspections of the facility by the Village to ensure compliance with this Chapter.
  • A license issued by the Village under this Chapter shall be conspicuously posted in the facility where it can be easily seen by the public.

Section 5: Application Requirements.

  1. An application for a new license shall be submitted to the Village Clerk on a form provided by the Village. An application for a medical marihuana facility license, required by this chapter, shall not be considered complete until all of the following are received by the Village Clerk:
  1. If the applicant is an individual, the applicant’s name, date of birth, physical address, email address, one or more phone numbers, including emergency contact information, and a copy of a government-issued photo identification card of the applicant;
    1. If the applicant is not an individual, the names, dates of birth, physical addresses, email addresses, and one or more phone numbers of each stakeholder of the applicant, including designation of a stakeholder as an emergency contact person, articles of incorporation or organization, internal revenue service SS-4 EIN, and the operating agreement or bylaws of the applicant entity;
    1. The name, date of birth, physical address, copy of photo identification, and email address for any operator, manager or employee if other than the applicant;
    1. The name and address of the proposed medical marihuana facility;
    1. Applicant or licensee shall keep records of the results of a criminal history background check performed pursuant to MMFLA and shall provide copies for every applicant, licensee, stakeholder, and employee to the Village Clerk within 5 business days of receipt;
    1. An affirmation under oath as to whether the applicant or operator has had a business license revoked or suspended, and if revoked or suspended, the reason for such action;
    1. A copy of the proposed business plan for the marihuana facility, including but not limited to, the proposed ownership structure of the medical marihuana operation, including percentage ownership of each person, their name and a description of their position within the organization;
    1. Provide either proof of ownership of the entire premises wherein the marihuana operation is to be operated; or a lease for the premises along with written consent from the property owner to use the premises as a licensed marihuana facility;
    1. A security plan that meets the requirements outlined in the rules of the Department of Licensing and Regulatory Affairs, as may be updated or amended from time to time;
    1. A floor plan of the marihuana operation, as well as a scale diagram illustrating the property, including all available parking spaces, all available handicapped accessible parking, and noting storage spaces for any flammable or combustible substances;
    1. Verify compliance with State-mandated marketing and advertising restrictions as outlined in the rule of the Department of Licensing and Regulatory Affairs;
    1. A location area map of the marihuana operation and surrounding area that identifies the relative locations and the distances to the setback areas, stated in Section 6(1);
    1. An odor plan to address any potential odors stemming from the use, storage, growing, or processing of marihuana;
    1. Any other information requested by the Village Clerk to assist in the review of the application. Failure to provide required or requested information may result in an incomplete application determination and may result in denial or revocation of licensure.
  • Upon confirmation by the Village Clerk that an application for a Marijuana Facility is complete, the application shall be transmitted to the Village Board of Trustees for final approval of the Marijuana Facility license. No such Marijuana Facility license shall be considered issued or approved until approved by vote of the Village Board of Trustees. The Village Board of Trustees may impose such reasonable terms and conditions on a Marijuana Facility license as may be necessary to protect the public health, safety and welfare of Village residents, and to obtain and maintain compliance with the requirements of this Chapter and applicable state law. 

Section 6: Location and zoning requirements

  1. No medical marihuana provisioning center shall be located within:
  1. Five hundred feet, of public parks or a tax-exempt religious institution;
    1. One thousand feet, of an operational school, including pre-kindergarten that is located within a school.
  • Medical marihuana facilities shall be limited to those zoning districts as described below:
  • No marihuana facility shall be located within another business except as permitted by the Marijuana Regulatory Agency.

Section 7: Minimum operational standards

  1. Except as may be preempted by State law or regulation:
    1. Every medical marihuana provisioning center must be located in a building;
    1. Consumption of marihuana shall be prohibited on the premises of a marihuana facility except as permitted by Village Charter or State law;
    1. No marihuana operation shall be operated in a manner creating a nuisance that hinders the public health, safety and welfare of the residents of the Village;
    1. Security surveillance cameras shall be installed to monitor all entrances, the interior, and exterior of the premises as well as fire alarm systems which are professionally monitored and operated 24 hours a day, 7 days a week;
    1. The premises shall be open for inspection during stated operating hours upon probable cause that a violation of this Chapter has occurred;
    1. The marihuana offered for sale and distribution must be packaged and labeled in accordance with State law and marihuana grown or transported shall be properly tagged and entered into the statewide monitoring system.

Section 8: Outdoor growing

  1. “The outdoor, indoor or mixed light cultivation of medical marihuana shall not endanger the comfort, repose, health, or safety of any of those persons or the public”
  • The premises shall be open for inspection during stated operating hours upon probable cause that a violation of this Chapter has occurred.
  • Any grower facility shall maintain a logbook and/or database indicating the number of marihuana plants and each plant shall be properly tagged as required by the MMMA and MMFLA.
  • Any grower facility subject to this Section 8 shall maintain fencing around the cultivation area such that no marijuana plants are visible to the public.
  • All fencing and structures must be 100 feet from nearest residential  property line

Section 9: Licenses generally

  1. To the extent permissible, all information submitted in conjunction with an application for a license or license renewal is confidential and exempt from disclosure under the Michigan Freedom of Information Act, 1976 PA 442, MCL 15.231 et seq.
  • Licensees may transfer a license issued under this Chapter to a different individual or entity upon receiving written approval by the Village Clerk. In order to request approval to transfer a license to a different individual or entity, the licensee must make a written request to the Village Clerk, indicating the current licensee and the proposed licensee. Upon receiving a written request, the Village Clerk shall consider the request as a new application for a Village license and regular application procedure shall be followed.
  • Licensees shall report any other change to the information required by this Chapter to the Village Clerk within 10 business days of the change. Failure to do so may result in suspension or revocation of the Village license.
  • The amount of marihuana on the permitted property and under the control of the licensee, owner or operator of the facility shall not exceed the amount permitted by State law or the Village license.

Section 10: Home delivery by provisioning center

  1. A provisioning center may employ an individual to engage in the home delivery of a marihuana product for sale or transfer to a registered qualifying patient.
  • A provisioning center that wishes to utilize home delivery shall establish procedures to allow the delivery of marihuana product to a patient at the patient’s home address.
  • Pursuant to rule 82, the following procedures shall apply to home deliveries by provisioning centers:
    • Online orders and payments of a marihuana product may be accepted through a secure website that authenticates access by registered qualifying patients.
    • A provisioning center shall ensure that only an authenticated and verified registered qualifying patient may view on the provisioning center’s website a marihuana product that is available for home delivery.
    • The provisioning center creates a home delivery procedure that is subject to inspection and examination including, but not limited to, record keeping and tracking requirements. These procedures may be amended at any time by the Marijuana Regulatory Agency or its successor.
    • The designated home delivery employee must meet all the requirements as set forth in rule 81 and is an employee of the provisioning center.

Section 11: Application denial or license revocation

  1. Any license issued under this chapter may be revoked by the Village Clerk after an administrative hearing if the Village Clerk finds and determines that grounds for revocation exist. Any grounds for revocation must be provided to the licensee at least 10 days prior to the date of the hearing.
  • A license applied for or issued may be denied or revoked upon the finding of any of the following:
    • A material violation of any provision of this chapter, including, but not limited to, the failure to provide the information required by this chapter, or, a material violation of the MMFLA or the corresponding rules promulgated by the Marijuana Regulatory Agency or its successor, or
    • Any conviction of a disqualifying felony by the licensee, stakeholder, or any person holding an ownership interest in the license; provided, however, the licensee shall be given reasonable time to rescind the ownership of any such disqualified person, or
    • Commission of fraud or misrepresentation or the making of a false statement by the applicant, licensee, or any stakeholder while engaging in any activity for which this chapter requires a license; or
    • Failure to obtain or maintain a license or renewed license from the Village Clerk pursuant to this chapter, or
    • Failure of the licensee or the medical marihuana facility to obtain or maintain a license or approval from the State pursuant to the MMFLA, or
    • The medical marihuana facility is determined by the Village to have become a public nuisance or otherwise is operating in a manner detrimental to the public health, safety or welfare;
    • Cultivation, processing, sale, or display of marihuana that is visible from a public place.

Section 12: Penalties

  1. The Village may require an applicant or licensee for a marihuana facility to produce documents, records, or any other material pertinent to the investigation of an application or alleged violation of this chapter. Failure to provide required material may be grounds for application denial or license revocation.
  2. Any person in violation of any provision of this chapter, including operation of a marihuana facility without a license, shall be subject to a civil fine of $500.00, plus costs, per day of violation.
  3. All fines imposed shall be paid within 45 days after the effective date of the order imposing the fine or as otherwise specified in the order.

The Village clerk shall publish this ordinance in the manner required by law.

THIS ORDINANCE SHALL TAKE EFFECT THIRTY (30) DAYS AFTER PUBLICATION. 

Yeas 5   Nays 0

Ordinance declared:   Passed

Published:     03-04-2020    Effective Date: 04-03-2020

___________________________________                          ____________________________

Village President                                                                                        Village Clerk