First Reading

MEDICAL MARIJUANA CAREGIVER PERMITTING ORDINANCE

ORDINANCE #

AMENDMENT TO CHAPTER 18,

of THE CODE OF ORDINANCES

CHARTER TOWNSHIP OF BRANDON

PREAMBLE

The Board of Trustees of The Charter Township of Brandon has determined that the public health, safety and general welfare will be served if the Code of Ordinances, Chapter 18, ENVIRONMENT, is amended to add a Section IV regarding MEDICAL MARIJUANA CAREGIVERS in the Township.

THE CHARTER TOWNSHIP OF BRANDON, OAKLAND COUNTY, MICHIGAN ORDAINS:

Section 1:  Short Title.  This Ordinance shall be known as and may be cited as the MEDICAL MARIJUANA CAREGIVER PERMITTING ORDINANCE.

Section 2:  Intent:  It is the intent of this ordinance to comply with all Michigan marijuana ( also Marihuana) laws and to protect the public health, safety and general welfare of persons and property in the Township.

Section 3: Medical use of marijuana:

A. The acquisition, possession, cultivation, use, delivery or distribution of marijuana is prohibited except to treat or alleviate a debilitating medical condition as defined, and in compliance with, the Michigan Medical Marijuana Act (“MMMA”) of 2008 and this Ordinance.

1. A registered primary caregiver, operating in compliance with the MMMA General Rules, the MMMA and the requirements of this ordinance, shall be permitted pursuant to the terms of this ordinance in the C-4 (as a special use) and GI districts. The Township makes the following findings, in support of its determination that the regulation of registered primary caregivers is consistent with the purposes and intent of the MMMA:

a. 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.

b. “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,” as performed by a registered primary caregiver to a qualifying patient through the licensing or registration process established by the Michigan Department of Licensing and Regulatory Affairs (MDLARA), and who is otherwise operating in strict compliance with the limitation set forth in MMMA and the MMMA General Rules, and the provisions of this ordinance

c. This provision of the Brandon Township Code Of Ordinances 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 facility, collective, cooperative or dispensary, and does not create a nuisance in residential neighborhoods.

2. The following standards and requirements shall apply to the location at which the medical use of marijuana is conducted by a primary caregiver.

a. The medical use of marijuana shall comply at all times with the MMMA and the MMMA General Rules, as amended.

b. A registered primary caregiver shall not possess marijuana, assist a qualified patient, or otherwise engage in the medical use of marijuana, in a school bus, on the grounds of any preschool or primary or secondary school, or in any correctional facility.

c. A registered primary caregiver may keep and cultivate, in an “enclosed, locked facility” (as that phrase is defined by 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 MDLARA, and up to 12 additional marijuana plants for personal use, if the primary caregiver is also registered as a qualifying patient under the MMMA.

d. A sign identifying the caregiver’s location by word, image or otherwise, shall be permitted; subject to and in compliance with Article X of the township’s zoning ordinance.

e. Except for lighting, heating, watering, drying or other equipment, or fertilizers, herbicides or other chemicals directly related to the medical use of marijuana, no other materials or equipment not generally associated with growing and processing medical marijuana shall be permitted.

f. Distribution of marijuana may occur at the residence of the qualified patient but use of items in the administering of medical marijuana treatments shall not occur at or on the premises of the primary caregiver, except as noted in section “i” below.

g. Except for the primary caregiver, no other person shall deliver marijuana to the qualifying patient.

h. No one under the age of 18 years shall have access to medical marijuana.

i. No on-site consumption or smoking of marijuana shall be permitted within or 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.

j. Medical marijuana shall not be grown, processed, handled or possessed at the location of the primary caregiver beyond that which is permitted by law.

k. 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 or harvesting of marijuana are located or used.

l. If marijuana is grown or located in a building with windows, all interior lighting shall be in compliance with Article IX of the township’s zoning ordinance.

m. Related merchandise or products shall not be sold or distributed from the building or property of the primary caregiver, apart from the permitted quantity of medical marijuana, and items permitted by the MMMA.

n. To ensure compliance with all applicable codes and laws, the portion of a building or other structure, such as a cultivation room, where energy use and heating requirements exceed typical limits as located and chemical storage occurs, are subject to inspection and approval by the zoning administrator or other authorized official.

o. The property, structure(s) and all enclosed, locked facilities shall be available for inspection during township business hours upon request by the zoning administrator, building official or law enforcement official.

3 The operations of a registered primary caregiver shall be allowed only with the prior issuance of an annual Township permit in accordance with the following conditions:

a. A complete and accurate application shall be submitted on a form provided by the Township and an application fee in an amount determined by resolution of the Township Board shall be paid.

b. The permit application shall include the name and address of the applicant, the address of the property, proof of applicant’s identity, such as a driver’s license, voter registration card or similar record, a current state registration card issued to the primary caregiver; and the qualifying patients, a full description of the nature and types of equipment which will be used in marijuana cultivation and processing, and a description of the location(s) at which the cultivation will take place. The Code Enforcement Officer may require additional information necessary to demonstrate compliance with all requirements. The Code Enforcement Officer or Director of Building and Planning, as designated by the Board of Trustees shall review the application to determine compliance with this Ordinance, the MMMA and the MMMA General Rules, and shall issue a permit upon confirmation of such compliance.

c. Any departure from the requirements of this Ordinance, the MMMA and the MMMA General Rules shall be grounds to deny the initial application or revoke an existing permit and take other lawful action. If a permit is revoked, the applicant shall immediately cease caregiver activity unless and until a new permit is granted.

d. Any medical marijuana Caregiver operation begun prior to the adoption of this ordinance must file for a permit under this ordinance no later than 30 days after publication of this ordinance. If a permit shall be denied for such pre-existing Caregiver operation, the pre-existing operation shall discontinue all operations within 21 days from the date of denial subject to the appeal rights listed in section “e” below or unless the building or other code official determines it must be closed sooner for safety reasons. A permit shall be denied for any pre-existing caregiver operation not located in the approved zoning districts designated in this ordinance.

e. In the event an application for new caregiver services shall be denied by the township official, such denial may be appealed by the aggrieved applicant, within 21 days to the township supervisor for reconsideration.  If the appeal to the township supervisor is denied the aggrieved applicant may appeal, to the township board within 21 days of the date of such denial for hearing at the board’s next regular meeting for review of the previous denials.  The decision of the township board shall be final.

f. 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 Township, 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.

B It is unlawful to establish or operate a for-profit or nonprofit marijuana dispensary, collective or cooperative within the Township, even if such use is intended for the medical use of marijuana.

C. The use of a dwelling or other facility of a qualifying patient to cultivate medical marijuana in accordance with the provisions of the MMMA, solely for personal use, does not require a permit under this subsection.

D. . Nothing in this Section shall limit any privileges, rights, immunities or defenses of a person as provided in the Michigan Medical Marihuana Act, Michigan Initiated Law 1 of 2008, MCL 333.26421, et seq.

Section 4: Marijuana establishments prohibited.

1. Any and all types of a “marihuana establishment,” as that term is defined and used in Michigan Initiated Law 1 of 2018, commonly known as the Michigan Regulation and Taxation of Marihuana Act, are completely prohibited in the Township, and may not be established or operated in any zoning district, by any means, including by way of a variance.

2. Any and all types of “marihuana facilities” as described in Act 281 of 2016, the Medical Marihuana Facilities Licensing Act are completely prohibited, in accordance with such legislation, in the Township and may not be established, licensed or operated in any zoning district, by any means, including by way of a variance.

3. Nothing in this Section shall limit any privileges, rights, immunities or defenses of a person as provided in the Michigan Medical Marihuana Act, Michigan Initiated Law 1 of 2008, MCL 333.26421, et seq.

Section 5:  Violation Penalties and Enforcement.

A. Violation of this Ordinance is a municipal civil infraction, and the sanction for a violation shall be a civil fine in the amount as provided in Sections B 2 below, plus any costs, damages, expenses and other sanctions, and Orders as authorized under Chapter 87 of Act No. 236 of the Public Acts of 1961, as amended, and other applicable laws.

B. Civil Fines and Costs:

1. The civil fine for a first violation of this ordinance shall be $250.00, plus costs of prosecution (including reasonable attorney fees) and other sanctions, for each infraction.

2. The civil fine for a second violation within a 1-year period shall be $350.00 plus costs and other sanctions described in paragraph 1 above.

3. The civil fine for a third violation within a 1-year period shall be $400.00, plus costs and other sanctions as described in paragraph 1, above.

4. The civil fine for a fourth or subsequent violation within a 1-year period shall be $500.00, plus costs and other sanctions as described in paragraph 1, above.

5. In addition to ordering the defendant determined to be responsible for a municipal civil infraction to pay a civil fine, costs, damages and expenses, and other sanctions, the Judge or magistrate shall be authorized to issue any judgment, writ or order necessary to enforce or enjoin violation of this ordinance.

6. Each act of violation, and on each day upon which any such violation shall occur, shall constitute a separate offense.

Section 6:  Severability

Should any section, subdivision, sentence, clause, or phrase of this Ordinance be declared by the Courts to be invalid, it shall not affect the validity of the remainder of the Ordinance or any part other than the part invalidated.  It is further declared that such provisions would have been adopted independently of the provision found to be invalid.  Should any procedural aspect of this Article be invalidated, such invalidation shall not affect the enforceability of the substantive aspects of this Article.

Section 7:  REPEALER.

All ordinances or parts of ordinances or Sections of the Charter Township of Brandon Code of Ordinances in conflict with this Ordinance are repealed only to the extent necessary to give this Ordinance full force and effect.

Section 8:  Effective Date

This Ordinance shall take effect immediately upon publication.

Adopted:  _________, 2020;

Published: _________, 202;

Effective__________, 2021

Publish in The Citizen 7-17-21