§ 17-5. Restriction on distribution and possession of medical marijuana.

(a)

Qualifying patients.

(1)

No qualifying patient shall receive compensation for costs associated with assisting any other qualifying patient with the medical use of marijuana unless the patient providing the assistance is a registered primary caregiver connected to the qualifying patient receiving the marijuana through the Michigan Department of Community Health's or successor agency's registration process and the transaction is otherwise in accordance with the Michigan Medical Marijuana Act.

(2)

No qualifying patient shall undertake any task under the influence of medical marijuana, when doing so would constitute negligence or professional malpractice, nor shall they possess or engage in the use of medical marijuana while in a school bus, on the grounds of any state-licensed daycare facility, preschool, primary school, or secondary school. No qualifying patient shall smoke or use marijuana in any public place or operate or be in actual physical control of any motor vehicle or boat, while under the influence of medical marijuana.

(3)

No qualifying patient shall possess medical marijuana or medical marijuana plants in excess of the amount he or she is allowed to possess under MCL 333.26424(b), the Medical Marijuana Act.

(b)

Caregivers.

(1)

A caregiver and any other person authorized under the act to assist patients, if any, shall distribute medical marijuana only on a confidential, one-to-one basis with no other caregiver being present at the same facility at the same time, and no other patient or other person being present at the same facility at the same time, provided, that a patient's immediate family members or guardian may be present in any facility other than the patient's private residence. For purposes of this subsection, the phrase "same time" shall mean and include concurrently as well as within a time interval of one hour.

(2)

No primary caregiver or qualifying patient shall possess medical marijuana or medical marijuana plants in excess of the amount he or she is allowed to possess under MCL 333.26424(b), the Medical Marijuana Act, and no more than five patients shall be connected to or served by a single caregiver.

(3)

It shall be a violation of this chapter for any person to participate as a registered primary caregiver in a jointly operated facility where primary caregivers jointly share building space which is used in common to assist more than five qualifying patients with the medical use of marijuana. Use "in common" as that phrase is used in this subparagraph, shall include a shared or common reception area or shared or common customer service area.

(4)

It shall be a violation of this chapter for a primary caregiver to delegate to an employee or other person not independently and specifically authorized by the Michigan Medical Marijuana Act to provide assistance with the medical use of marijuana to the specific qualifying patient.

(5)

No caregiver shall undertake any task under the influence of medical marijuana, when doing so would constitute negligence or professional malpractice, nor shall they possess or engage in the use of medical marijuana while in a school bus, on the grounds of any state-licensed daycare facility, preschool, primary school, or secondary school. No caregiver shall smoke medical marijuana in any public place or operate or be in actual physical control of any motor vehicle or boat, while under the influence of medical marijuana.

(6)

It shall be unlawful for any "primary caregiver," as defined by the Michigan Medical Marijuana Act, to dispense or grow medical marijuana within any retail store, storefront, office building, manufacturing building, processing facility, any other type of commercial or industrial building, any residential duplex, residential triplex, apartment building, residential condominium or any residential apartment located within the township. Such activities shall only be carried out within single-family residences where the caregiver resides.

(7)

A person who has been issued a Michigan registration identification card as a "primary caregiver" and who conducts medical marijuana operations with the township shall:

a.

Comply with all applicable statutes, including the Michigan Medical Marijuana Act;

b.

Have hours of operation which do not extend beyond 8:00 a.m. to 9:00 p.m.

(c)

Dispensaries, collectives, industries, entities and individuals.

(1)

The sale, distribution, cultivation, possession and use of medical marijuana or medical marijuana plants is prohibited to the extent it is in violation of the Michigan Marijuana Act or other Michigan statutes.

(2)

No person may dispense or grow medical marijuana for other qualifying patients within any retail store, storefront, office building, manufacturing building, processing facility, any other type of commercial or industrial building, any residential duplex, residential triplex, apartment building, residential condominium or any residential apartment located within the township.

(3)

No person shall receive or share in compensation for the costs associated with assisting a qualifying patient with the medical use of marijuana to a qualifying patient except for a registered caregiver who is distributing medical marijuana to a qualifying patient that the registered caregiver is connected to through the Michigan Department of Community Health's or a successor agency's registration process and the transaction is otherwise in compliance with the Michigan Medical Marijuana Act.

(4)

Corporations, limited liability companies, and partnerships, or any other entity other than an individual registered caregiver are expressly prohibited from receiving compensation for costs associated with assisting a registered qualifying patient in the medical use of marijuana.

(Ord. No. 527, § 1, 5-19-2011)