[Added 9-14-2021 by Ord. No. 391]
As used in this article, the following terms have their meanings
set forth in this section:
A facility where a "primary caregiver" who is legally registered
by the Michigan Department of Community Health ("MDCH") may lawfully
assist up to five "qualifying patients" who are also legally registered
by the MDCH for the acquisition of medical marijuana in accordance
with the Michigan Medical Marihuana Act ("MMMA"), 2008 IL 1, MCL § 333.26421
et seq.
Also known as Marihuana; also known as Cannabis. The term
shall have the meaning given to it in Section 7601 of the Michigan
Public Health Code, 1978 PA 368, as amended, MCL § 333.7106
et seq., as is referred to in Section 3(d) of the Michigan Medical
Marihuana Act ("MMMA"), 2008 IL 1, MCL § 333.26423(d). Any
other term pertaining to marijuana used in this article and not otherwise
defined shall have the meaning given to it in the MMMA and/or in the
General Rules ("General Rules") of the MDCH issued in connection with
the MMMA.
The acquisition, possession, cultivation, manufacture, use,
internal possession, delivery, transfer or transportation of marijuana
or paraphernalia relating to the administration of marijuana to treat
or alleviate a registered qualifying patient's debilitating medical
condition or symptoms associated with the debilitating medical condition,
as defined under the MMMA, 2008 IL 1, MCL § 333.26421 et
seq.
A person who is operating a "medical marijuana dispensary"
by supplying "medical marijuana" for up to five "qualifying patients,"
as those terms are defined herein and/or under the MMMA, 2008 IL 1,
MCL § 333.26421 et seq., and who is registered with the
MDCH for that purpose.
A person who has obtained a valid registration card from
the MDCH allowing them to possess and purchase medical marijuana.
The Village makes the following findings in support of its determination
that regulation of registered primary caregivers and the location
of "caregiver facilities" is consistent with the purposes and intent
of the MMMA:
A.
The MMMA does not create a general right for individuals to use,
possess, or deliver marijuana in Michigan.
B.
The MMMA's protections are limited to individuals suffering
from serious or debilitating medical conditions or symptoms, to the
extent that the individuals' marijuana use is carried out in
compliance with the provisions of the MMMA, including the provisions
related to the operations of registered primary caregivers.
C.
The MMMA's definition of "medical use" of marijuana includes
the "transfer" of marijuana "to treat or alleviate a registered qualifying
patient's debilitating medical condition or symptoms associated
with the debilitating medical condition," but only if such "transfer"
is performed by a registered primary caregiver who is connected with
the same qualifying patient through the registration process established
by the Department of Licensing and Regulatory Affairs, and who is
otherwise operating in strict compliance with the MMMA and the MMMA
General Rules.
D.
The MMMA provides that a registered primary caregiver may assist
no more than five qualifying patients with their medical use of marijuana,
with a maximum of 12 marijuana plants per qualifying patient.
E.
The MMMA does not, therefore, create a new vocation for entrepreneurs
or others who wish to engage in the sale of marijuana to more than
five persons. Instead, the MMMA is directed at improving the health
and welfare of qualifying patients.
F.
The health and welfare of qualifying patients is improved by permitting
the operations of registered primary caregivers, because this allows
qualifying patients who suffer from serious or debilitating medical
conditions or symptoms to obtain the benefits of the medical use of
marijuana, while ensuring that such operations are regulated sufficiently
to protect and improve services provided to qualifying patients.
G.
By permitting the operations of registered primary caregivers, this
promotes the MMMA's purpose of ensuring that (i) a registered
primary caregiver is not assisting more than five qualifying patients
with their medical use of marijuana, and (ii) a registered primary
caregiver does not unlawfully expand its operations beyond five qualifying
patients, so as to become an illegal commercial operation, in the
nature of a marijuana collective, cooperative, or dispensary.
A registered "primary caregiver" who is in compliance with the
General Rules of the MDCH, the MMMA, and the requirements of the Village
of New Haven ("Village") Zoning Ordinance, shall be permitted to grow
marijuana for the purposes allowed, and consistent with, the MMMA.
A.
The following standards and requirements shall apply to the location
(caregiver facility) at which the medical use of marijuana is conducted
by a primary caregiver:
(1)
The medical use of marijuana shall comply at all times with
this article, the MMMA, and the MMMA General Rules, as amended.
(2)
A sign identifying the caregiver facility by word, image, or
otherwise, or indicating that the medical use of marijuana is taking
place on the premises, shall not be permitted; nor shall any vehicle
having such a sign be parked anywhere on the premises.
(3)
Shall not change the character of the premises in which it is
conducted, nor shall it constitute, create, or increase a nuisance.
(4)
Distribution, including sale of marijuana and/or sale and/or
use of items in the administration of marijuana shall not occur at
or on the premises of the primary caregiver/caregiver facility. A
qualifying patient shall not visit, come to, or be present at the
caregiver facility to purchase, smoke, consume, obtain, and/or receive
possession of any marijuana.
(5)
Not more than two registered primary caregivers shall be permitted
to operate at any one property. No other employees are permitted.
Primary caregivers must reside at the property permitted as a caregiver
facility if such property is located in an area zoned residential.
Any property used solely as a grow operation shall be deemed commercial
and is subject to all applicable zoning.
(6)
Shall seek and obtain a zoning compliance certificate from the
Village prior to commencement of any activities regulated under this
section, and before preparation in anticipation of carrying on activities
regulated under this section (i.e., before any building and/or alterations,
etc. are commenced, registered caregivers shall seek and obtain a
zoning compliance certificate).
(7)
The use of any equipment that negatively affects the insurance
rating of the property is prohibited.
(8)
A registered primary caregiver shall not possess marijuana,
or otherwise engage in the medical use of marijuana, in a school bus,
on the grounds of any preschool or primary or secondary school.
(9)
The medical use of marijuana shall be conducted entirely within
an enclosed locked facility (as that phrase is defined by MCL § 333.26423(d)
of the MMMA), up to 12 marijuana plants for each registered qualifying
patient with whom the registered primary caregiver is connected through
the registration process established by the Department of Licensing
and Regulatory Affairs, and up to 12 additional marijuana plants for
personal use, if the primary caregiver is also registered as a qualifying
patient under the MMMA.
(10)
Except for the primary caregiver, no other person shall deliver
marijuana to the qualifying patient.
(11)
No one under the age of 18 years shall have access to medical
marijuana.
(12)
No on-site consumption or smoking of marijuana shall be permitted
on the property of a primary caregiver, except for lawful medical
marijuana consumption by the primary caregiver if registered as a
qualifying patient under the MMMA or pursuant to and as regulated
by the Michigan Regulation and Taxation of Marihuana Act, 2018 IL
1; MCL § 333.27951-27967 ("MRTMA").
(13)
Medical marijuana shall not be grown, processed, handled, and/or
possessed at the caregiver facility beyond that which is permitted
by law.
(14)
All necessary building, electrical, plumbing, and mechanical
permits shall be obtained for any portion of a building or structure
in which equipment and devices that support the cultivation, growing,
and/or harvesting of marijuana are located or used.
(15)
If marijuana is grown or located in a room with windows, all
interior lighting shall be shielded to prevent ambient light from
creating a distraction for adjacent properties.
(16)
Related merchandise or products shall not be sold or distributed
from the premises caregiver facility, apart from the permitted quantity
of medical marijuana.
(17)
To ensure compliance with all applicable requirements and laws,
the portion of a building or other structure, such as a cultivation
room, where energy use and heating requirements exceed typical limits
and chemical storage occurs, are subject to inspection and approval
by pertinent Village officials.
(18)
The property and all enclosed, locked facilities shall be available
for inspection upon request by the Village President, building official,
or law enforcement official.
B.
The operations of a registered primary caregiver shall be permitted
only with the prior issuance of a Village permit.
(1)
A complete and accurate application shall be submitted on a
form provided by the Village and an application fee in an amount determined
by resolution of the Village Board of Trustees shall be paid.
(2)
The permit application shall include the name and address of
the applicant; the address of the property; the property owner and
any primary caregiver's driver's license, voter registration
card or similar record; a current state registration card issued to
the primary caregiver; a full description of the nature and types
of equipment and material which will be used in marijuana cultivation
and processing; an odor mitigation plan; and a description of the
location at which the use will take place. The zoning administrator/code
enforcement/building official may require additional information necessary
to demonstrate compliance with all requirements. The zoning administrator/code
enforcement/building official shall review the application to determine
compliance with this article, the MMMA and the MMMA General Rules.
A permit shall be granted if the application demonstrates compliance
with this article, the MMMA, and the MMMA General Rules.
(3)
The use shall be maintained in compliance with the requirements
of this article, the MMMA, and the MMMA General Rules. Any departure
shall be grounds to revoke the permit and take other lawful action.
If a permit is revoked, the applicant shall not engage in the activity
unless and until a new permit is granted.
(4)
No caregiver marijuana facility shall be operated in a manner
creating noise, glare, fumes or odors detectable to normal senses
beyond the boundaries of the property on which the facility is operated.
Complaints received about any such facility shall be kept as a Village
record, and will be investigated as a nuisance complaint by the Village.
The facility may be subject to closure after repeated violations of
the Village nuisance ordinance.
(5)
Information treated as confidential under the MMMA, including
the primary caregiver registry identification card and any information
about qualifying patients associated with the primary caregiver, which
is received by the Village, shall be maintained separately from public
information submitted in support of the application. It shall not
be distributed or otherwise made available to the public and shall
not be subject to disclosure under the Freedom of Information Act.
C.
It is unlawful to establish or operate a for-profit or nonprofit
marijuana dispensary, collective, or cooperative within the Village,
even if such use is intended for the medical use of marijuana.
D.
The use of a premises of a qualifying patient to cultivate medical
marijuana in accordance with the MMMA solely for personal use pursuant
to MCL § 333.26424(m)(1), does not require a permit under
this subsection, nor does cultivation and/or use and/or possession
of marijuana under MRTMA require a permit; however, all applicable
state laws and Village ordinance requirements must be met with respect
to all marijuana cultivation, production, and use activities.
E.
The provisions of this subsection do not apply to the personal use
and/or internal possession of marijuana by a qualifying patient in
accordance with the MMMA, or for personal use under MRTMA.
Nothing in any ordinance, including this article, or in any
other regulatory provision, is intended to grant, nor shall they be
construed as granting, immunity from criminal prosecution for growing,
sale, consumption, use, distribution, or possession of marihuana not
in strict compliance with the MMMA and the General Rules. Also, since
federal law is not affected by the MMMA or the General Rules, nothing
in this section, or in any other regulatory provision, is intended
to grant, nor shall they be construed as granting, immunity from criminal
prosecution under federal law. The MMMA does not protect users, caregivers,
or the owners of properties on which the medical use of marihuana
is occurring from federal prosecution, or from having their property
seized by federal authorities under the Federal Controlled Substances
Act. It is the sole responsibility of each caregiver to dispense a
safe product and to test their products and list the name, quantity,
and percentage of the main active ingredient (Delta 9 Tetrahydrocannabinol
commonly, known as THC) on the labels of its products. This article
shall not be interpreted as intending to legitimize any activities
that are prohibited by federal or state law, or by any other ordinance
of the Village.
The various sections and provisions of this article shall be
deemed to be severable, and should any section or provision of this
article be declared by any court of competent jurisdiction to be unconstitutional
or invalid the same shall not affect the validity of this article
as a whole or any section or provision of this article, other than
the section or provision so declared to be unconstitutional or invalid.
Any person who shall violate any of the provisions of this article
shall be guilty of a municipal civil infraction, and is subject to
a civil file of not more than $500, plus costs, which may include
all direct or indirect expenses which the Village has incurred in
connection with the violation. A violator of this article shall also
be subject to such additional sanctions, remedies, suits, and judicial
orders as are authorized under Michigan law. Each day a violation
of this article continues to exist constitutes a separate violation.
All existing ordinances are repealed to the extent they conflict
with this article.
This article shall not take effect before the 20th day after
its passage or before the date of its publication, whichever occurs
first, pursuant to MCL § 66.1.
