As used in this chapter, the following terms shall have the meanings
indicated:
APPLICANT
A person who applies for a City-issued permit to operate
a marihuana commercial business in accordance with the terms of this
chapter and the City Zoning Code. With respect to disclosures in an
application for a permit issued pursuant to this chapter for purposes
of ineligibility for a permit and the transfer of an interest in an
issued permit, the term "applicant" includes a managerial employee
of the applicant, any person who holds any direct or indirect ownership
interest of more than 10% in the marihuana commercial business, and
the following true parties of interest for each type of applicant:
(1)
For an individual or sole proprietorship: the proprietor and
spouse.
(2)
For a partnership and limited liability partnership: all partners
and their spouses.
(3)
For a limited partnership and limited liability limited partnership:
all general and limited partners, not including a limited partner
holding a direct or indirect ownership interest of 10% or less and
who does not exercise control over or participate in the management
of the partnership, and their spouses.
(4)
For a limited liability company: all members and managers, not
including a member holding a direct or indirect ownership interest
of 10% or less and who does not exercise control over or participate
in the management of the company, and their spouses.
(5)
For a privately held corporation: all corporate officers or
persons with equivalent titles and their spouses, all directors and
their spouses, and all stockholders, not including those holding a
direct or indirect ownership interest of 10% or less, and their spouses.
(6)
For a publicly held corporation: all corporate officers or persons
with equivalent titles and their spouses, all directors and their
spouses, and all stockholders, not including those holding a direct
or indirect ownership interest of 10% or less, and their spouses.
(7)
For a multilevel ownership enterprise: any entity or person
that receives or has the right to receive more than 10% of the gross
or net profit from the enterprise during any full or partial calendar
or fiscal year.
(8)
For a nonprofit corporation: all individuals and entities with
membership or shareholder rights in accordance with the articles of
incorporation or the bylaws and their spouses.
(9)
For a trust: all trustees, any individual or body able to control
and direct affairs of the trust, and any beneficiary who receives
or has the right to receive more than 10% of the gross or net profit
of the trust during any full or partial calendar or fiscal year, and
their spouses.
CULTIVATE
To propagate, breed, grow, harvest, dry, cure, or separate
parts of the marihuana plant by manual or mechanical means.
DEPARTMENT
The Michigan Department of Licensing and Regulatory Affairs,
or its successor agency.
DESIGNATED CONSUMPTION LOUNGE
A marihuana-related business authorized to permit individuals
21 years of age and older to consume marihuana products on the licensed
premises.
EQUIVALENT LICENSE
Any of the following state operating licenses when held by
a single licensee:
(1)
Grower licenses of any class under both the MMFLA and MRTMA.
(2)
Processor licenses under both the MMFLA and MRTMA.
(3)
Secure transporter licenses under both the MMFLA and MRTMA.
(4)
Safety compliance facility licenses under both the MMFLA and
MRTMA.
(5)
A provisioning center license under the MMFLA and a retailer
license under the MRTMA.
EXCESS GROWER
The holder of five Class C grower licenses under the MRTMA
and at least two Class C grower licenses under the MMFLA.
GROWER
A licensee that cultivates, dries, trims, or cures and packages
marihuana for sale or transfer to a processor, provisioning center
or retailer, or another grower. The term also includes a licensed
excess grower.
LICENSEE
A person holding a state license to operate a marihuana facility
or marihuana establishment.
MARIHUANA
As this term is defined at MCL 333.27953. For purposes of
this chapter, marihuana does not include industrial hemp.
MARIHUANA COMMERCIAL BUSINESS or MARIHUANA BUSINESS
(1)
Includes the following medical marihuana facilities, whether
operated for profit or not for profit:
(e)
A safety compliance facility.
(2)
Includes the following adult-use marihuana establishments, whether
operated for profit or not for profit:
(a)
A grower and excess grower.
(e)
A safety compliance facility.
(g)
Any other type of marihuana-related business licensed by the Department and permitted by this chapter and the City Zoning Ordinance as set forth in Chapter
50 of this Kalamazoo City Code.
MARIHUANA PLANT
Any plant of the genus Cannabis but does not include industrial
hemp.
MARIHUANA-INFUSED PRODUCT
A topical formulation, tincture, beverage, edible substance,
or similar product containing marihuana and other ingredients and
that is intended for human consumption.
MARIHUANA-RELATED BUSINESS
An adult-use marihuana establishment operating pursuant to
a special license issued by the Department, and includes designated
consumption lounges, excess marihuana growers, Class A microbusinesses,
marihuana event organizers, temporary marihuana events, and marihuana
educational research facilities.
MATURE MARIHUANA PLANT
A flowering or nonflowering marihuana plant that has taken
root and is taller than eight inches from the growing or cultivating
medium or wider than eight inches, produced from a cutting, clipping,
tissue culture, or seedling, and that is in a growing or cultivating
medium or a growing or cultivating container.
MICROBUSINESS
A marihuana establishment authorized to cultivate not more
than 150 mature marihuana plants, process and package marihuana, and
sell or transfer marihuana to individuals 21 years of age and older
and to a safety compliance facility, but not to other marihuana establishments.
MICROBUSINESS, CLASS A or CLASS A MICROBUSINESS
A marihuana establishment authorized to operate at a single
location and cultivate not more than 300 mature marihuana plants;
package marihuana; purchase marihuana concentrate and marihuana-infused
products from licensed marihuana processors; sell or transfer marihuana
and marihuana-infused products to individuals 21 years of age and
older; and transfer marihuana to a safety compliance facility for
testing.
OPERATING PERMIT or PERMIT
The permit issued pursuant to this chapter authorizing the
operation of a marihuana commercial business in the City.
PERMITTEE
A person who holds a permit issued by the City pursuant to
this chapter to operate a marihuana business.
PERSON
An individual, corporation, limited liability company, partnership,
limited partnership, limited liability partnership, limited liability
limited partnership, trust, or other legal entity, and includes persons
within the definition of "applicant" as that term is used in this
chapter.
PROCESS or PROCESSING
The separation or preparation of parts of the marihuana plant
and to compound, blend, extract, infuse, or otherwise make or prepare
marihuana concentrate or marihuana-infused products.
PROCESSOR
A licensee that purchases or obtains marihuana from a grower
and processes the marihuana and sells or transfers it in packaged
form to a provisioning center, retailer, Class A microbusiness, or
another processor. A processor is not prohibited from handling, processing,
marketing or brokering industrial hemp pursuant to the Industrial
Hemp Research and Development Act.
PROVISIONING CENTER
A licensee that purchases marihuana from a grower or processor
and sells, supplies, or provides marihuana to registered qualifying
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 and includes medical cannabis dispensaries. A noncommercial
location used by a registered primary caregiver to assist a qualifying
patient connected to the caregiver through the Department's marihuana
registration process in accordance with the Michigan Medical Marihuana
Act is not a provisioning center for purposes of this chapter.
REGISTERED QUALIFYING PATIENT or PATIENT
A qualifying patient who has been issued a current registry
identification card under the MMMA or a visiting qualifying patient
as that term is defined in the MMMA.
RETAILER
A licensee that obtains marihuana from marihuana establishments
and sells or otherwise transfers marihuana to marihuana establishments
and to individuals who are 21 years of age or older.
RULES
The administrative rules promulgated and from time to time
amended by the Department to implement the MMFLA and MRTMA.
SAFETY COMPLIANCE FACILITY
A licensee that receives marihuana from a marihuana business
or from a registered primary caregiver, tests the marihuana and provides
certification of the potency of tetrahydrocannabinol and other cannabinoids,
and the presence of contaminants. A safety compliance facility may
receive industrial hemp for testing pursuant to the Industrial Hemp
Research and Development Act.
SECURE TRANSPORTER
A licensee that may store marihuana and transports marihuana
between marihuana businesses for a fee.
SOCIAL EQUITY-QUALIFIED BUSINESS
A marihuana establishment operated by an applicant that qualifies
for the benefits offered under the social equity program administered
by either the Department or the City.
STATE OPERATING LICENSE or LICENSE
A license that is issued by the Department under the MMFLA
or MRTMA that allows the licensee to operate a marihuana commercial
business, as specified in the license.