Section 337 Medical Marihuana Uses. 1. Intent a. Voters in the State of Michigan approved the referendum authorizing the use of marihuana for certain medical conditions. b. The intent of the referendum was to enable certain specified persons who comply with the registration provisions of the law to legally obtain, possess, cultivate/ grow, use and distribute marihuana and to assist specifically registered individuals identified in the statute without fear or criminal prosecution under limited, specific circumstances. c. Despite the specifics of the state legislation and the activities legally allowed as set forth therein, marihuana is still a controlled substance under Michigan law and the legalization of obtaining, possession, cultivation/growth, use and distribution in specific circumstances has a potential for abuse that should be closely monitored and to the extent permissible regulated by local authorities. d. If not closely monitored or regulated, the presence of marihuana even for the purposes legally permitted by the legislation can present an increase for illegal conduct and / or activity and this threat affects the health, safety and welfare of the residents of Lenox Township. e.it is the intention of Lenox Township that nothing in this Ordinance be construed to allow persons to engage in conduct that endangers others or causes a public nuisance, or to allow use, possession or control of marihuana for non-medical purposes or allow activity relating to cultivation /growing, distribution or consumption of marihuana that is otherwise illegal. f. In 2016, the Michigan Legislature enacted the Medical Marihuana Facilities Licensing Act, MCL 337.27101 et seq., and the Marihuana Tracking Act, MCL 333.27901 et seq. In addition to the intent and purpose state above, the provisions in this Section of the Zoning Ordinance as well as those in other sections of this Zoning Ordinance relating to the subject of medical marihuana, are adopted for the purposes and with the intent set forth in Lenox Township Medical Marihuana Facilities Licensing Ordinance (being Part 25, Ordinance 3 of the Lenox Township Book of Ordinances) and Sections 1 through 3 of said Ordinance are incorporated herein. 2. Medical Marihuana Facilities a. All types of medical marihuana facilities shall be subject to the following minimum conditions. (a) All operations must be completely enclosed within a
building. (b) Issuance of a license for the medical marihuana facility by the state of Michigan. (c) Issuance of a license for the medical marihuana facility by the township. (d) Compliance with all provisions of the Medical Marihuana Facilities Licensing Act 281 of 2016, as it may be amended from time to time. (e) Compliance with all provisions of the Lenox Township Marihuana Facilities Licensing Ordinance (being Part 25, Ordinance 3 of the Lenox Township Book of Ordinances), as it may be amended from time to time. (f) Compliance with all other provisions of the Lenox Township Zoning Ordinance, as it may be amended from time to time. (g) No marihuana facility operating or purporting to operate prior to the effective date of the amendment to the Township Ordinance adding this subsection 337.2 shall be deemed to have been a legally existing use nor shall the operation of such marihuana facility be deemed a legal nonconforming use under this Zoning Ordinance, and (h) Discontinuance of a State-issued or Township-issued medical marihuana facility license shall constitute prima facia evidence that an otherwise lawful nonconforming medical marihuana facility use, structure or condition on the premises has been discontinued. a. Medical marihuana provisioning centers shall also be subject to each of the following minimum conditions: (a) Medical marihuana provisioning centers shall not operate between the hours of 9:00 PM and 9:00 AM; (b) Drive-through windows and outdoor services are not allowed; (c) Outdoor seating is not allowed; (d) The property on which the facility is located must abut and have access to a major thoroughfare, as defined by the Macomb County Department of Roads; (e) The medical marihuana provisioning center must be connected to municipal water and sewer; (f) The medical marihuana provisioning center shall be located no closer than 1000 feet* to any school and no closer than 500 feet* to any place of worship, park, playground, public library, or residentially zoned or occupied property; and (g) The medical marihuana provisioning center shall be located no closer than 500 feet* to any other medical marihuana facility. (h) Discontinuance of a State-issued or Township-issued medical marihuana facility license shall constitute prima facie
evidence that an otherwise lawful nonconforming medical marihuana facility use, structure or condition on the premises has been discontinued. (i) The distances set forth in subsections (f) and (g) above, shall be measured as the shortest straight-line distance between the property line of the parcel on which the marihuana facility is located that is nearest to the listed use and the nearest property line of the parcel on which the listed use is located. b. Medical marihuana grow facilities and medical marihuana processing facilities shall be subject to each of the following minimum conditions: (a) The property on which the facility is located must abut and have access to a major thoroughfare, as defined by the Macomb County Department of Roads; (b) The facility must be connected to municipal water and sewer; and (c)the facility shall be located no closer than 1000 feet* to any school and no closer than 500 feet* to any place of worship, park, playground, public library, or residentially zoned or occupied property. (d) An application for a special land use approval, variance or site plan approval involving a medical marihuana facility use on property shall not be approved unless a Provisional Medical Marihuana Facility Approval Certificate has been issued and exists for the subject marihuana facility under the Medical Marihuana Facilities Licensing Ordinance (being Part 25, Ordinance 3 of the Lenox Township Book of Ordinances), as it may be amended from time to time The distances set forth in subsection c above, shall be measured as the shortest straight-line distance between the property line of the parcel on which the marihuana facility is located that is nearest to the listed use and the nearest property line of the parcel on which the listed use is located. 3. Registered Primary Caregiver. A registered primary caregiver, in compliance with the General Rules of the Michigan Department of Community Health, the Michigan Medical Marihuana Act P.A. 2008, Initiated Law, MCL 333.26423(d) and the requirements of this section, shall be permitted to grow marihuana as a home occupation subject to the applicable provisions of Section 329. Nothing in the section, 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 Act and the General Rules. Also, since Federal Law is not affected by the Act or 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 Michigan Medical Marihuana Act 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. The following requirements for a registered primary caregiver shall apply: a. The medical use of marihuana shall comply with the Michigan Medical Marihuana Act and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time; b. A registered primary caregiver must be located outside of a onethousand (1,000) foot radius from any school, including child care or day care facilities operated by a school, to insure community compliance with Federal Drug-Free School Zone requirements; c. Not more than one (1) primary caregiver shall be permitted to service qualifying patients on a single parcel.
d. All medical marihuana shall be contained within the main building in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the registered primary caregiver or qualifying patient; e. All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the residential structurein which electrical wiring, lighting and/or watering devices that support the production of marihuana are located; f. That portion of the residential structure where energy usage and heat exceed typical residential use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Lenox Township Fire Department to insure compliance with the Michigan Fire Protection Code.