DEWITT CHARTER TOWNSHIP CLINTON COUNTY, MICHIGAN ORDINANCE NO.

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1 DEWITT CHARTER TOWNSHIP CLINTON COUNTY, MICHIGAN ORDINANCE NO. AN ORDINANCE TO AMEND THE DEWITT CHARTER TOWNSHIP ZONING ORDINANCE TO PERMIT THE LIMITED POSSESSION, USE AND GROWING OF MARIHUANA, AND POSSESSION AND USE OF PARAPHERNALIA ASSOCIATED WITH THE USE OF MARIHUANA FOR MEDICAL PURPOSES IN ACCORDANCE WITH THE MICHIGAN MEDICAL MARIHUANA ACT (MCL ET SEQ); TO DEFINE TERMS; TO RESTRICT THE ACTIVITIES OF REGISTERED QUALIFIED PATIENTS AND REGISTERED CAREGIVERS IN CONNECTION WITH THE GROWING AND FURNISHING OF MEDICAL MARIHUANA TO THOSE LOCATIONS WITHIN THE CHARTER TOWNSHIP OF DEWITT DEEMED TO BE SUITABLE AND COMPATIBLE WITH OTHER ALLOWED LAND USES WITHIN THE TOWNSHIP; TO LIMIT EXPOSURE OF SUCH ACTIVITIES TO OTHER PERSONS AND PROPERTY; AND TO ESTABLISH AN EFFECTIVE DATE HEREOF. THE CHARTER TOWNSHIP OF DEWITT, CLINTON COUNTY, MICHIGAN ORDAINS: SECTION I. FINDINGS. The Township of DeWitt recognizes that the citizens of the State of Michigan, by initiative, have approved the medical use of marihuana and the possession of marihuana for such purposes by persons suffering from debilitating conditions defined in the Michigan Medical Marihuana Act. In addition, said Act authorizes registered qualified patients to be assisted in such use by registered primary caregivers, and this Ordinance is adopted to address such use and activities within the Township. However, this Ordinance shall not be construed to provide immunity from criminal prosecution for offenses relating to growing, use, sale or possession of marihuana or possession of paraphernalia related thereto, or other activities which may be in violation of the Michigan Medical Marihuana Act and other statutes. In addition, the Michigan Medical Marihuana Act and this Ordinance should not be construed to modify or in any way affect the application of Federal law or prosecution or confiscation of property under Federal law for offenses relating to such uses or activities. 1

2 SECTION II. AMENDMENT OF CHAPTER II OF THE DEWITT CHARTER TOWNSHIP ZONING ORDINANCE ENTITLED PURPOSES USES SPECIFICALLY PROHIBITED TO ADD A SECTION ENTITLED PROHIBITED LAND USES. Chapter II, of the DeWitt Charter Township Zoning Ordinance, Purposes shall be and is hereby amended to add the following: Prohibited Land Uses: No land or premises within DeWitt Charter Township shall be used for any activity not authorized by the laws of this State. SECTION III. AMENDMENT OF DEWITT CHARTER TOWNSHIP ZONING ORDINANCE CHAPTER XVII, DEFINITIONS. Chapter XVII of the DeWitt Charter Township Zoning Ordinance, Definitions, shall be and is hereby amended to add to the definitions set forth in said section the following: Debilitating Medical Condition means the conditions and circumstances provided in Section 3(a) of the Michigan Medical Marihuana Act (MCL (a)) Marihuana (also known as marijuana and cannabis) means the substance defined in Section 7106 of the Public Health Code, PA 1978, No. 368 (MCL ). Medical Use means the acquisition, possession, cultivation, manufacture, use, internal possession, delivery, transfer, or transportation of marihuana or paraphernalia relating to the administration of marihuana to treat or alleviate a registered qualifying patient s debilitating medical condition or symptoms associated with the debilitating medical condition. Primary Caregiver or Registered Primary Caregiver shall mean a person who has agreed to assist with a registered qualifying patient s medical use of marihuana and who has a valid registry identification card identifying said person as a primary caregiver. Qualifying Patient or Registered Qualifying Patient means a person who has been diagnosed by a physician as having a debilitating medical condition and who has a valid registry identification card issued by the Michigan Department of Community Health which identifies the person as a registered qualifying patient. 2

3 Usable Marihuana means the dried leaves and flowers of the marihuana plant and any mixture or preparation thereof, but does not include the seeds, stalks and roots of the plant. SECTION IV. DEFINITION OF HOME OCCUPATIONS. Chapter VI, Section entitled Home Occupations shall be and is hereby amended to read as follows: Section ) Medical Marihuana Primary Caregiver. A primary caregiver, subject to the restrictions set forth in the definitions and requirements of the Michigan Medical Marihuana Act and the general rules of the Michigan Department of Public Health and this Ordinance may furnish and provide the services of a registered primary caregiver as a home occupation, subject to the following restrictions: (a) The existing home occupation provisions of Sections ), 2), 3), 6), 7) and 8) shall be applicable to this use. No signs or advertisements of any kind shall be permitted on the exterior of the property or structure. (b) A registered primary caregiver s marihuana growing operations shall be limited to the number of plants allowed by law for one (1) patient, including the registered primary caregiver, if the registered primary caregiver is also a qualifying patient. (c) A registered primary caregiver functioning as such from a dwelling shall not be located within a radius of one thousand (1,000) feet from any school, including child day care facilities, any church or drug rehabilitation facility. (d) The use of a dwelling as a home occupation under this section shall be limited to one (1) registered primary caregiver providing usable marihuana to not more than five (5) qualifying patients, who shall each be assisted once within any calendar week. (e) All medical marihuana, whether in plant form or usable marihuana, shall be contained within the dwelling within a secure, enclosed, locked facility, accessible only by the registered primary caregiver or registered qualifying patient. The storage facility and marihuana shall be subject to periodic inspections by the DeWitt Charter Township Police Department or other authorized Township official. (f) Marihuana growing facilities shall be subject to proper mechanical and electrical permits. (g) There shall be no change in the exterior appearance of the dwelling. (h) Lighting for medical marihuana growing operations shall not be visible from the building exterior between the hours of 11:00 p.m. and 7:00 a.m. and, if utilized 3

4 during said period, windows of the dwelling shall be shielded to prevent visibility from the exterior of the dwelling. (i) Registered caregivers shall register with the DeWitt Charter Township Police Department and identify the patients for whom care is to be given, which registration shall be confidential. A patient list shall be kept current by the registered caregiver. SECTION V. AMENDMENT OF DEWITT CHARTER TOWNSHIP ZONING ORDINANCE CHAPTER V, SECTION 5.16, 5.17, AND 5.17A, USES PERMITTED BY RIGHT, TO ADD SECTION ), SECTION ), AND SECTION 5.17A.2 9), MEDICAL MARIHUANA GROWING OPERATION. Chapter V, Section ,Section , and Section 5.17A of the DeWitt Charter Township Zoning Ordinance, Uses Permitted by Right, shall be and is hereby amended to add Sections ), ), and 5.17A.2 9) entitled Medical Marihuana Growing Operation, as follows: Medical Marihuana Growing Operation. A registered primary caregiver desiring to grow and harvest medical marihuana for more than one registered patient may locate the grow operation in the IL Industrial Light, IP Industrial Park, and IH Industrial Heavy Districts, subject to the site development standards set forth in Section 5.18, and the following additional conditions: (1) The grow operation shall be located in a secure, locked, fully enclosed structure located outside of a radius of one thousand (1,000) feet from any dwelling, school, including child day care facilities, church, or drug rehabilitation facility or other medical marihuana grow facility. (2) Medical marihuana within the facility shall be limited to the number of plants and the amount of usable marihuana permitted by Michigan law for each registered qualifying patient identified as receiving assistance from the registered primary caregiver, plus an amount which may be legally possessed by the registered primary caregiver, if said primary caregiver is also a registered qualified patient. (3) The structure used for growing medical marihuana shall contain only the marihuana belonging to the registered primary caregiver or said caregiver s registered qualified patients, and shall not exceed the amount authorized by law. (4) The grow facility shall at all times be secured and locked and shall be accessible only by the registered primary caregiver. (5) Lighting utilized for growing shall not be visible from the exterior of the building. (6) The registered caregiver operating the grow facility shall register same with the DeWitt Charter Township Police Department and said facility shall be subject to 4

5 inspection from time to time by the DeWitt Charter Township Police Department or other authorized Township officials. Caregiver registration under this section shall be confidential pursuant to Section 6 of the Michigan Medical Marihuana Act. SECTION VI. SEVERABILITY. The various sections and provisions of this Ordinance shall be deemed to be severable and, should any section or provisions of this Ordinance be declared by any court of competent jurisdiction to be unconstitutional or invalid, the same shall not affect the validity of the Ordinance as a whole or any section or provisions of this Ordinance, other than the section or provision so declared to be unconstitutional or invalid. SECTION VII. REPEAL OF INCONSISTENT ORDINANCES. All Ordinances heretofore adopted by DeWitt Charter Township which are in conflict with this Ordinance shall be and are hereby repealed. SECTION VIII. EFFECTIVE DATE. This Ordinance shall become effective thirty (30) days from and after its adoption and publication as provided by law. First Reading: First Publication: Second Reading: Second Publication: Effective Date: Rick Galardi, Supervisor Diane K. Mosier, Clerk I, Diane K. Mosier, Clerk of the Charter Township of DeWitt, hereby certify that the foregoing constitutes a true and complete copy of Ordinance No., duly adopted by the Board of Trustees of the Charter Township of DeWitt, Clinton County, Michigan, on the day of, 2010, and that the same was posted and published as required by law on the day of, Diane K. Mosier, Clerk Note: This draft ordinance will require final review by the Township Attorney, recommendation by the Planning Commission, and approval by the Township Board. 5