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Holland MEDICAL MARIJUANA LICENSING ORDINANCE Revision 8

MEDICAL MARIJUANA LICENSING ORDINANCE

AN ORDINANCE to add Chapter 17 to the Code of Ordinances for the Charter Township of Holland, Ottawa County, Michigan, to regulate and license medical marijuana cultivation, use and distribution.

 

SECTION 1. Addition of Chapter 17. Chapter 17 of the Code of Ordinances of the Charter Township of Holland, Ottawa County, Michigan, is hereby added to read as follows:

 

 

Chapter 17

MEDICAL MARIJUANA LICENSING ORDINANCE

 

 

Sec. 17-1. Intent.

It is the intent of this ordinance to give effect to the intent of Initiated Act 1 of 2008, MCL 333.26421, et seq, (the Act) as approved by the electors of the State of Michigan and made effective December 4, 2008, and not to determine and establish an altered policy with regard to medical marijuana. The Act authorizes a narrow exception to the general rule and state policy that the cultivation, distribution, and use of marijuana amount to criminal acts. It is the further intent of this ordinance to protect the public health, safety, and general welfare of persons and property, and to license certain locations as specified below. It is the further intent of this ordinance to comply with the Act while concurrently attempting to protect the health, safety, and welfare of law enforcement officers and other persons in the community, and also to address and minimize reasonably anticipated secondary effects upon children, other members of the public, and upon significant areas of the community, that would be reasonably expected to occur in the absence of the provisions of this ordinance.

 

Sec. 17-2. Definitions.

Act means Initiated Law of 2008, MCL 333.26421, et seq., and Michigan Administrative Rules, R 333.101, et seq.

 

Department means the State of Michigan Department of Community Health or a successor agency.

Distribution means the physical transfer of any amount of medical marijuana in any form by one person to any other person or persons, whether or not any consideration is paid or received.

 

Distributor means any person, including but not limited to a caregiver, patient or any other person who engages in any one or more acts of Distribution.

 

Facility or Premises means one commercial business premises having a separate or independent postal address, one private office premises having a separate or independent postal address, one single family residence having a separate or independent postal address, one apartment unit having a separate or independent postal address, one condominium unit having a separate or independent postal address, or one free-standing industrial building having a separate or independent postal address.

 

Marijuana means that term as defined in section 7106 of the Public Health Code, 1976 PA 368, MCL 333.7106.

 

Primary caregiver or caregiver means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marijuana and who has never been convicted of a felony involving illegal drugs and who has been issued and possesses a Registry Identification Card under the Act

Principal residence means the place where a person resides more than half of the calendar year.

Qualifying patient or patient means a person who has been diagnosed by a physician as having a debilitating medical condition.

 

Registry Identification Card means the document issued by the Michigan Department of Community Health or a successor agency that identifies a person as a registered qualifying patient or registered primary caregiver.

 

Sec. 17-3. Requirement for license.

The cultivation of medical marijuana by a caregiver or any other person permitted under the Act, and the provision of caregiver services relating to medical marijuana use, shall be permitted in accordance with the Act. No cultivation, distribution, and other assistance to patients by a caregiver shall be lawful in this community at a location unless and until such location for such cultivation, distribution, and assistance shall have been licensed under this ordinance. Licensure shall be required for the facilities listed below in accordance with the following:

 

a. The location of a Facility used for the cultivation of medical marijuana by caregivers or by other persons permitted under the Act;

b. The location of a Facility used for distribution;

c. The location of a Facility used to provide any other assistance to patients by caregivers or any other person permitted under the Act relating to medical marijuana;

d. By way of exception, it is not the intent of this ordinance to require a license for the principal residence of a patient where medical marijuana is cultivated or used exclusively for such patient's personal consumption, however, a location other than a patient's principal residence where a patient cultivates or uses medical marijuana shall be subject to the licensure requirements of this ordinance.

 

Sec. 17-4. Application for license.

A. The requirement of this ordinance is to license a location, and not to license persons. A confidential application for a license under this section shall be submitted to the person appointed as the Medical Marijuana Officer of Holland Charter Township or their designee, and shall conform to the following specifications. An application shall:

 

1. Not require the name, home address, or date of birth of a patient or caregiver.

 

2. Include the address and legal description of the precise premises, other than a patient's principal residence, at which there shall be possession, cultivation, distribution or other assistance in the use of medical marijuana. The fact that a caregiver or other person providing assistance to patients also has an ID card as a patient shall not relieve the obligation to provide this information.

 

3. Specify the name and address of the place where all unused portions of medical marijuana plants cultivated in connection with the use of medical marijuana or caregiver activity at the premises shall be disposed.

 

4. Describe the enclosed, locked facility in which any and all cultivation of medical marijuana is proposed to occur, or where medical marijuana is stored, with such description including: the location in the building; precise measurements in feet of the floor dimensions and height; and the security devices for the facility.

 

5. Describe all locations in the premises where a caregiver or other person authorized under the Act shall render assistance to a qualifying patient.

 

6. Specify the number of patients to be assisted, including the number of patients for whom medical marijuana is proposed to be cultivated, and the number of patients to be otherwise assisted on the premises, and the maximum number of plants to be gown or cultivated at any one time. If the location at which patients will be assisted is different from the licensed premises, the application shall provide the address of all such other locations (other than the address of a patient being assisted).

 

7. For safety and other code inspection purposes, it shall describe and provide detailed specifications of all lights, equipment, and all other electrical, plumbing, and other means proposed to be used to facilitate the cultivation of medical marijuana plants as such specifications relate to the need for the installation of facilities. Information regarding the electrical, mechanical or plumbing permits required for the subject equipment shall be provided.

 

8. The Facility is subject to inspection annually to ensure that the operation is developed as presented in the application and that the operation is safe, not posing any threats to the occupants, and the general environment does not pose a threat to the immediate environs.

 

B. Requirements and standards for approval of a growing or assistance license.

 

1. Locations used for the cultivation of medical marijuana by caregivers and any other person permitted under the Act, and the location used for the provision of assistance to patients by caregivers or any other person authorized under the Act relating to medical marijuana use, including distribution or other assistance, but in all events not including a patient's principal residence which is not used to cultivate medical marijuana or assist in the use of medical marijuana for persons other than the patient at such residence, shall be prohibited under the following situations:

 

a. Within 1,000 feet from sites where children are regularly present in large numbers not under the supervision of their parents, and specifically a recreational park, a public community center, a public or private preschool, elementary school, middle school, high school, community college, and all other schools that have different name references but serve students of the same age.

 

b. Within 1,000 feet of a Sexually Oriented Business, as defined in the zoning ordinance.

Measurement purposes of this subsection 17-4.B.l.b. shall be made from front door of a facility to the nearest door or primary use area of the designated uses requiring separation.

 

2. The location of the Facility at which a caregiver or any other person permitted under the Act cultivates medical marijuana, or assists a patient in the use of medical marijuana shall not be the same Facility at which any other caregiver or person cultivates medical marijuana, or assists a patient in the use of medical marijuana. Accordingly, at a patient's principal residence used by such patient to cultivate medical marijuana for his or her personal use as permitted under the Act, there shall be not more than twelve medical marijuana plants being cultivated at any one time; only at a licensed Facility may there be more than twelve medical marijuana plants being cultivated at any one time; and, at a Facility at which a caregiver or any other person permitted under the Act cultivates medical marijuana for use by patients, there shall not be more than twelve medical marijuana plants being cultivated at any one time per patient, and in no event more than seventy-two medical marijuana plants being cultivated at any one time (which assumes cultivation for five patients, plus an additional twelve plants if the caregiver is also a patient that has not designated a caregiver to assist in providing (medical marijuana). If two patients share the same residence and are related by blood or law, then they are not required to be registered; if the residents housed exceed two patients, it must be licensed as a Facility.

 

3. In order to insulate children and other vulnerable individuals from such actions, all medical marijuana cultivation, and all assistance of a patient in the use of medical marijuana by a caregiver, shall occur within the confines of a building licensed under this section, and such activities shall occur only in locations not visible to the public and adjoining uses, provided, this subsection shall not prohibit a caregiver from assisting a patient at the patient's principal residence or at a hospital.

 

4. The electrical, mechanical and plumbing inspectors must require that any necessary permits be secured, and after inspection, attest that all electrical, mechanical and plumbing equipment, and all other means proposed to be used to facilitate the growth or cultivation of medical marijuana plants is in accordance with applicable code.

 

5. Considering that the distribution of marijuana is generally unlawful, and that the Act authorized "caregivers," and does not authorize any activity such as a retail facility (authorized by statutes in other states), and reading the Act as a whole, the activities of caregivers are interpreted as being limited to private and confidential endeavors. Moreover, the location and identity of a caregiver is known to patients. Accordingly:

 

a. There shall be no signage identifying a caregiver use or a place at which medical marijuana is distributed.

 

b. Unless conducted as part of a related licensed professional medical or pharmaceutical practice, caregiver activity shall not be advertised as a "clinic," "hospital," "dispensary," or other name customarily ascribed to multi-patient professional practice.

 

c. An approval of licensure may include reasonable conditions requested in writing by the Township during the application and review process.

 

6. If approved, all use of property shall be in accordance with an approved application, including all information and specifications submitted by the applicant in reliance on which the application shall be deemed to have been approved.

 

7. A Facility that exists on the effective date of this ordinance must make application for and receive approval to continue to operate; provided an application shall be filed within fifteen days following the effective date of this ordinance. If an application for licensure under this ordinance is denied due to the minimum distance requirement standards, and a timely application has been filed seeking licensure under this ordinance, such Facility shall have sixty days from the date of application denial to cease operating at the denied site.

 

8. There shall be no visible change to the outside appearance of the primary caregiver's residence or other visible evidence of the conduct of the medical marijuana operation occurring inside the dwelling.

 

9. Use of the residential dwelling (which is the residence of the primary caregiver) for medical marijuana-related purposes shall be clearly incidental and subordinate to its use for single family residential purposes. Not more than 25% of the gross finished floor area of the dwelling shall be used for the growing, processing and handling of the medical marijuana. No part of an accessory building, detached garage, pole barn or similar building or structure shall be used for the growing processing or distribution of medical marijuana.

 

10. No growing, processing, smoking, use or distribution of medical marijuana shall occur outdoors. All medical marijuana growing, processing and handling shall occur entirely within the dwelling.

 

11. Considering the health issues presented, no food shall be sold from the Facility used for the distribution of medical marijuana.

 

Sec. 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 5 patients shall be connected to or served by a single caregiver.

 

3. It shall be a violation of this ordinance 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 5 qualifying patients with the medical use of marijuana. Use "in common" as that phrase is used in this sub-paragraph, shall include a shared or common reception area or shared or common customer service area.

 

4. It shall be a violation of this ordinance 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.

 

Sec. 17-6. Inspection of Patient and Caregiver Cultivation.

All lights, plumbing, equipment, and all other means used to facilitate the cultivation of medical marijuana plants must be installed and inspected in accordance with applicable code. In carrying out the provisions of this subsection, community officials shall not require the name of the patient. The laws regulating permits do not require names when licensed contractors are requesting the permits. If homeowners are seeking permits, names of the homeowner only are required to determine that they are eligible for an owner occupant permit. Permit materials do not have to have a reference to the permit being used for the growth of medical marijuana. Rather, the intent of this subsection is to focus on the premises, and to insure resident safety for the benefit of the resident of the premises and others who may be affected by one or more code violations.

 

Sec. 17-7. Penalty for Violation.

 

a. Civil infraction, with penalty of $1,000 (or the maximum permitted by law if less than $1,000) for each violation.

 

b. In the event of two or more violations, fines and penalties may increase as permitted by law, and multiple violations may be grounds for revocation of license, following a hearing.

 

Sec. 17-8. No Vested Rights.

A property owner shall not have vested rights or nonconforming use rights what would serve as a basis for failing to comply with this ordinance or any amendment of this ordinance.

 

Sec. 17-9. Severance Clause.

If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this code.

 

SECTION 2. Effective Date.

This Ordinance was approved and adopted by the Township Board of Holland Charter

Township, Ottawa County, Michigan, on_, 2011, after introduction and first reading

on_, 2011, and publication after first reading as required by Act 359 of the Michigan

Public Acts of 1947, as amended. This Ordinance shall be effective on_, 2011. Reply With Quote .

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05-09-2011 07:42 PM #2 awesomo

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Join Date:Nov 2010

Location:Holland, Michigan

Posts:497We, Terry Nienhuis and Michael Dalman, supervisor and Clerk, respectively, for the Charter Township of Holland, Ottawa County, Michigan, do hereby certify that the foregoing Medical Marijuana Licensing Ordinance was adopted at a regular meeting of the Township Board on_, 2011. The following members of the Township Board were present at the meeting: __. The following members of the Township Board were absent: ______. The Ordinance was adopted by the Township Board with members: _ _________voting in favor and members of the Township Board: _voting in opposition. The Notice of Posting of the Ordinance was published in the Holland Sentinel on_, 2011.

 

ZONING TEXT AMENDMENT ORDINANCE

AN ORDINANCE to amend the Zoning Ordinance of the Charter Township of Holland, Ottawa County, Michigan, pertaining to unclassified uses. THE CHARTER TOWNSHIP OF HOLLAND, COUNTY OF OTTAWA, AND STATE OF MICHIGAN ORDAINS:

 

Section 1. Addition of Section 3.44.

 

Section 3.44 of the Holland Charter Township Zoning Ordinance is hereby added, which Section shall read in its entirety as follows:

 

Sec. 3.44 Unclassified Uses.

Any use, use of land, activity, structure, or development activity not expressly allowed by this Ordinance is prohibited, unless the Zoning Administrator finds that the use is substantially similar in character to a use or item listed in this Ordinance. Uses, activites, enterprises, or purposes that are contrary to, or violate federal, state, or county laws or regulations, this Ordinance, or other Township Ordinances are prohibited. An individual may apply to the Planning Commission for consideration of an amendment to the Zoning Ordinance to include a proposed use in one (1) or more of the zoning districts of this Ordinance, either as a Permitted Use or a Special Land use. At their option and discretion, the Planning Commission and Township Board may consider an appropriate amendment to the Zoning Ordinance, but are not required to do so.

 

Section 2. Effective Date.

That the foregoing amendments to the Holland Charter Township Zoning Ordinance were approved and adopted by the Township Board of Holland Charter Township, Ottawa County,

Michigan on_, 2011, after a public hearing required pursuant to Michigan Act 184 of 1943, as amended, and after introduction and first reading on_, 2011,

and publication after such first reading as required by Michigan Act 359 of 1947, as amended. This Ordinance shall be effective on_, 2011, which date is more than 7 days after publication of the Ordinance as is required by Section 1 la of Act 184, as amended, provided that this effective date shall be extended as necessary to comply with the requirements of Section 12 of Act 184, as amended.

 

CERTIFICATE

We, Terry Nienhuis and Michael Dalman, the Supervisor and Clerk, respectively, for the Charter Township of Holland, Ottawa County, Michigan, do hereby certify that the foregoing Holland Charter Township Zoning Ordinance Amendment was adopted as a regular meeting of the Holland Charter Township Board held on_, 2011. The following members of the Township Board were present at that meeting: _ _ . The following members of the Township Board were absent: __. The Ordinance was adopted by the Township Board with members of the Board_voting in favor and members of the Board_voting in opposition.

Notice of Adoption and Posting of the Ordinance Amendment was published in The Holland Sentinel on ____, 2011. Township Supervisor Township Clerk Holland Charter Township Ottawa County Founded in 1847 Board Meeting Agenda May 5, 2011 7:00 P.M. Holland Charter Township Offices

1. Call to order.

2. Pledge of Allegiance and Invocation

3. Approval of Board Meeting Minutes of April 21, 2011

4. Citizens comments

5. First Reading -

a. Ordinance to Regulate and License Medical Marijuana

b. Zoning Text Amendment Ordinance

6. Consideration of Ottawa County Road Commission Project Estimate -

Chloride Application

7. Consideration of annual contracted services appropriations

8. Administration Report and Updates - Mr. Komejan

9. Committee Reports lO.Other business

11. Adjournment

Holland Charter Township Ottawa County Founded in 1847 Board Meeting Agenda May 5, 2011 7:00 P.M. Holland Charter Township Offices

1. Call to order.

2. Pledge of Allegiance and Invocation

3. Approval of Board Meeting Minutes of April 21, 2011

4. Citizens comments

5. First Reading -

a. Ordinance to Regulate and License Medical Marijuana

b. Zoning Text Amendment Ordinance

6. Consideration of Ottawa County Road Commission Project Estimate -

Chloride Application

7. Consideration of annual contracted services appropriations

8. Administration Report and Updates - Mr. Komejan

9. Committee Reports lO.Other business

11. Adjournment

Holland Charter Township Ottawa County Founded in 1847 Board Meeting Agenda May 5, 2011 7:00 P.M. Holland Charter Township Offices

1. Call to order.

2. Pledge of Allegiance and Invocation

3. Approval of Board Meeting Minutes of April 21, 2011

4. Citizens comments

5. First Reading -

a. Ordinance to Regulate and License Medical Marijuana

b. Zoning Text Amendment Ordinance

6. Consideration of Ottawa County Road Commission Project Estimate -

Chloride Application

7. Consideration of annual contracted services appropriations

8. Administration Report and Updates - Mr. Komejan

9. Committee Reports lO.Other business

11. Adjournment i know i dont post alot but i go to the town ship meetings and soupport us this a friends doing so thanks awesomo

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Holland MEDICAL MARIJUANA LICENSING ORDINANCE Revision 8

MEDICAL MARIJUANA LICENSING ORDINANCE

AN ORDINANCE to add Chapter 17 to the Code of Ordinances for the Charter Township of Holland, Ottawa County, Michigan, to regulate and license medical marijuana cultivation, use and distribution.

 

SECTION 1. Addition of Chapter 17. Chapter 17 of the Code of Ordinances of the Charter Township of Holland, Ottawa County, Michigan, is hereby added to read as follows:

 

 

Chapter 17

MEDICAL MARIJUANA LICENSING ORDINANCE

 

 

Sec. 17-1. Intent.

It is the intent of this ordinance to give effect to the intent of Initiated Act 1 of 2008, MCL 333.26421, et seq, (the Act) as approved by the electors of the State of Michigan and made effective December 4, 2008, and not to determine and establish an altered policy with regard to medical marijuana. The Act authorizes a narrow exception to the general rule and state policy that the cultivation, distribution, and use of marijuana amount to criminal acts. It is the further intent of this ordinance to protect the public health, safety, and general welfare of persons and property, and to license certain locations as specified below. It is the further intent of this ordinance to comply with the Act while concurrently attempting to protect the health, safety, and welfare of law enforcement officers and other persons in the community, and also to address and minimize reasonably anticipated secondary effects upon children, other members of the public, and upon significant areas of the community, that would be reasonably expected to occur in the absence of the provisions of this ordinance.

 

Sec. 17-2. Definitions.

Act means Initiated Law of 2008, MCL 333.26421, et seq., and Michigan Administrative Rules, R 333.101, et seq.

 

Department means the State of Michigan Department of Community Health or a successor agency.

Distribution means the physical transfer of any amount of medical marijuana in any form by one person to any other person or persons, whether or not any consideration is paid or received.

 

Distributor means any person, including but not limited to a caregiver, patient or any other person who engages in any one or more acts of Distribution.

 

Facility or Premises means one commercial business premises having a separate or independent postal address, one private office premises having a separate or independent postal address, one single family residence having a separate or independent postal address, one apartment unit having a separate or independent postal address, one condominium unit having a separate or independent postal address, or one free-standing industrial building having a separate or independent postal address.

 

Marijuana means that term as defined in section 7106 of the Public Health Code, 1976 PA 368, MCL 333.7106.

 

Primary caregiver or caregiver means a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marijuana and who has never been convicted of a felony involving illegal drugs and who has been issued and possesses a Registry Identification Card under the Act

Principal residence means the place where a person resides more than half of the calendar year.

Qualifying patient or patient means a person who has been diagnosed by a physician as having a debilitating medical condition.

 

Registry Identification Card means the document issued by the Michigan Department of Community Health or a successor agency that identifies a person as a registered qualifying patient or registered primary caregiver.

 

Sec. 17-3. Requirement for license.

The cultivation of medical marijuana by a caregiver or any other person permitted under the Act, and the provision of caregiver services relating to medical marijuana use, shall be permitted in accordance with the Act. No cultivation, distribution, and other assistance to patients by a caregiver shall be lawful in this community at a location unless and until such location for such cultivation, distribution, and assistance shall have been licensed under this ordinance. Licensure shall be required for the facilities listed below in accordance with the following:

 

a. The location of a Facility used for the cultivation of medical marijuana by caregivers or by other persons permitted under the Act;

b. The location of a Facility used for distribution;

c. The location of a Facility used to provide any other assistance to patients by caregivers or any other person permitted under the Act relating to medical marijuana;

d. By way of exception, it is not the intent of this ordinance to require a license for the principal residence of a patient where medical marijuana is cultivated or used exclusively for such patient's personal consumption, however, a location other than a patient's principal residence where a patient cultivates or uses medical marijuana shall be subject to the licensure requirements of this ordinance.

 

Sec. 17-4. Application for license.

A. The requirement of this ordinance is to license a location, and not to license persons. A confidential application for a license under this section shall be submitted to the person appointed as the Medical Marijuana Officer of Holland Charter Township or their designee, and shall conform to the following specifications. An application shall:

 

1. Not require the name, home address, or date of birth of a patient or caregiver.

 

2. Include the address and legal description of the precise premises, other than a patient's principal residence, at which there shall be possession, cultivation, distribution or other assistance in the use of medical marijuana. The fact that a caregiver or other person providing assistance to patients also has an ID card as a patient shall not relieve the obligation to provide this information.

 

3. Specify the name and address of the place where all unused portions of medical marijuana plants cultivated in connection with the use of medical marijuana or caregiver activity at the premises shall be disposed.

 

4. Describe the enclosed, locked facility in which any and all cultivation of medical marijuana is proposed to occur, or where medical marijuana is stored, with such description including: the location in the building; precise measurements in feet of the floor dimensions and height; and the security devices for the facility.

 

5. Describe all locations in the premises where a caregiver or other person authorized under the Act shall render assistance to a qualifying patient.

 

6. Specify the number of patients to be assisted, including the number of patients for whom medical marijuana is proposed to be cultivated, and the number of patients to be otherwise assisted on the premises, and the maximum number of plants to be gown or cultivated at any one time. If the location at which patients will be assisted is different from the licensed premises, the application shall provide the address of all such other locations (other than the address of a patient being assisted).

 

7. For safety and other code inspection purposes, it shall describe and provide detailed specifications of all lights, equipment, and all other electrical, plumbing, and other means proposed to be used to facilitate the cultivation of medical marijuana plants as such specifications relate to the need for the installation of facilities. Information regarding the electrical, mechanical or plumbing permits required for the subject equipment shall be provided.

 

8. The Facility is subject to inspection annually to ensure that the operation is developed as presented in the application and that the operation is safe, not posing any threats to the occupants, and the general environment does not pose a threat to the immediate environs.

 

B. Requirements and standards for approval of a growing or assistance license.

 

1. Locations used for the cultivation of medical marijuana by caregivers and any other person permitted under the Act, and the location used for the provision of assistance to patients by caregivers or any other person authorized under the Act relating to medical marijuana use, including distribution or other assistance, but in all events not including a patient's principal residence which is not used to cultivate medical marijuana or assist in the use of medical marijuana for persons other than the patient at such residence, shall be prohibited under the following situations:

 

a. Within 1,000 feet from sites where children are regularly present in large numbers not under the supervision of their parents, and specifically a recreational park, a public community center, a public or private preschool, elementary school, middle school, high school, community college, and all other schools that have different name references but serve students of the same age.

 

b. Within 1,000 feet of a Sexually Oriented Business, as defined in the zoning ordinance.

Measurement purposes of this subsection 17-4.B.l.b. shall be made from front door of a facility to the nearest door or primary use area of the designated uses requiring separation.

 

2. The location of the Facility at which a caregiver or any other person permitted under the Act cultivates medical marijuana, or assists a patient in the use of medical marijuana shall not be the same Facility at which any other caregiver or person cultivates medical marijuana, or assists a patient in the use of medical marijuana. Accordingly, at a patient's principal residence used by such patient to cultivate medical marijuana for his or her personal use as permitted under the Act, there shall be not more than twelve medical marijuana plants being cultivated at any one time; only at a licensed Facility may there be more than twelve medical marijuana plants being cultivated at any one time; and, at a Facility at which a caregiver or any other person permitted under the Act cultivates medical marijuana for use by patients, there shall not be more than twelve medical marijuana plants being cultivated at any one time per patient, and in no event more than seventy-two medical marijuana plants being cultivated at any one time (which assumes cultivation for five patients, plus an additional twelve plants if the caregiver is also a patient that has not designated a caregiver to assist in providing (medical marijuana). If two patients share the same residence and are related by blood or law, then they are not required to be registered; if the residents housed exceed two patients, it must be licensed as a Facility.

 

3. In order to insulate children and other vulnerable individuals from such actions, all medical marijuana cultivation, and all assistance of a patient in the use of medical marijuana by a caregiver, shall occur within the confines of a building licensed under this section, and such activities shall occur only in locations not visible to the public and adjoining uses, provided, this subsection shall not prohibit a caregiver from assisting a patient at the patient's principal residence or at a hospital.

 

4. The electrical, mechanical and plumbing inspectors must require that any necessary permits be secured, and after inspection, attest that all electrical, mechanical and plumbing equipment, and all other means proposed to be used to facilitate the growth or cultivation of medical marijuana plants is in accordance with applicable code.

 

5. Considering that the distribution of marijuana is generally unlawful, and that the Act authorized "caregivers," and does not authorize any activity such as a retail facility (authorized by statutes in other states), and reading the Act as a whole, the activities of caregivers are interpreted as being limited to private and confidential endeavors. Moreover, the location and identity of a caregiver is known to patients. Accordingly:

 

a. There shall be no signage identifying a caregiver use or a place at which medical marijuana is distributed.

 

b. Unless conducted as part of a related licensed professional medical or pharmaceutical practice, caregiver activity shall not be advertised as a "clinic," "hospital," "dispensary," or other name customarily ascribed to multi-patient professional practice.

 

c. An approval of licensure may include reasonable conditions requested in writing by the Township during the application and review process.

 

6. If approved, all use of property shall be in accordance with an approved application, including all information and specifications submitted by the applicant in reliance on which the application shall be deemed to have been approved.

 

7. A Facility that exists on the effective date of this ordinance must make application for and receive approval to continue to operate; provided an application shall be filed within fifteen days following the effective date of this ordinance. If an application for licensure under this ordinance is denied due to the minimum distance requirement standards, and a timely application has been filed seeking licensure under this ordinance, such Facility shall have sixty days from the date of application denial to cease operating at the denied site.

 

8. There shall be no visible change to the outside appearance of the primary caregiver's residence or other visible evidence of the conduct of the medical marijuana operation occurring inside the dwelling.

 

9. Use of the residential dwelling (which is the residence of the primary caregiver) for medical marijuana-related purposes shall be clearly incidental and subordinate to its use for single family residential purposes. Not more than 25% of the gross finished floor area of the dwelling shall be used for the growing, processing and handling of the medical marijuana. No part of an accessory building, detached garage, pole barn or similar building or structure shall be used for the growing processing or distribution of medical marijuana.

 

10. No growing, processing, smoking, use or distribution of medical marijuana shall occur outdoors. All medical marijuana growing, processing and handling shall occur entirely within the dwelling.

 

11. Considering the health issues presented, no food shall be sold from the Facility used for the distribution of medical marijuana.

 

Sec. 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 5 patients shall be connected to or served by a single caregiver.

 

3. It shall be a violation of this ordinance 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 5 qualifying patients with the medical use of marijuana. Use "in common" as that phrase is used in this sub-paragraph, shall include a shared or common reception area or shared or common customer service area.

 

4. It shall be a violation of this ordinance 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.

 

Sec. 17-6. Inspection of Patient and Caregiver Cultivation.

All lights, plumbing, equipment, and all other means used to facilitate the cultivation of medical marijuana plants must be installed and inspected in accordance with applicable code. In carrying out the provisions of this subsection, community officials shall not require the name of the patient. The laws regulating permits do not require names when licensed contractors are requesting the permits. If homeowners are seeking permits, names of the homeowner only are required to determine that they are eligible for an owner occupant permit. Permit materials do not have to have a reference to the permit being used for the growth of medical marijuana. Rather, the intent of this subsection is to focus on the premises, and to insure resident safety for the benefit of the resident of the premises and others who may be affected by one or more code violations.

 

Sec. 17-7. Penalty for Violation.

 

a. Civil infraction, with penalty of $1,000 (or the maximum permitted by law if less than $1,000) for each violation.

 

b. In the event of two or more violations, fines and penalties may increase as permitted by law, and multiple violations may be grounds for revocation of license, following a hearing.

 

Sec. 17-8. No Vested Rights.

A property owner shall not have vested rights or nonconforming use rights what would serve as a basis for failing to comply with this ordinance or any amendment of this ordinance.

 

Sec. 17-9. Severance Clause.

If a section, subsection, sentence, clause or phrase of this code is, for any reason, held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portions of this code.

 

SECTION 2. Effective Date.

This Ordinance was approved and adopted by the Township Board of Holland Charter

Township, Ottawa County, Michigan, on_, 2011, after introduction and first reading

on_, 2011, and publication after first reading as required by Act 359 of the Michigan

Public Acts of 1947, as amended. This Ordinance shall be effective on_, 2011. Reply With Quote .

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05-09-2011 07:42 PM #2 awesomo

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Join Date:Nov 2010

Location:Holland, Michigan

Posts:497We, Terry Nienhuis and Michael Dalman, supervisor and Clerk, respectively, for the Charter Township of Holland, Ottawa County, Michigan, do hereby certify that the foregoing Medical Marijuana Licensing Ordinance was adopted at a regular meeting of the Township Board on_, 2011. The following members of the Township Board were present at the meeting: __. The following members of the Township Board were absent: ______. The Ordinance was adopted by the Township Board with members: _ _________voting in favor and members of the Township Board: _voting in opposition. The Notice of Posting of the Ordinance was published in the Holland Sentinel on_, 2011.

 

ZONING TEXT AMENDMENT ORDINANCE

AN ORDINANCE to amend the Zoning Ordinance of the Charter Township of Holland, Ottawa County, Michigan, pertaining to unclassified uses. THE CHARTER TOWNSHIP OF HOLLAND, COUNTY OF OTTAWA, AND STATE OF MICHIGAN ORDAINS:

 

Section 1. Addition of Section 3.44.

 

Section 3.44 of the Holland Charter Township Zoning Ordinance is hereby added, which Section shall read in its entirety as follows:

 

Sec. 3.44 Unclassified Uses.

Any use, use of land, activity, structure, or development activity not expressly allowed by this Ordinance is prohibited, unless the Zoning Administrator finds that the use is substantially similar in character to a use or item listed in this Ordinance. Uses, activites, enterprises, or purposes that are contrary to, or violate federal, state, or county laws or regulations, this Ordinance, or other Township Ordinances are prohibited. An individual may apply to the Planning Commission for consideration of an amendment to the Zoning Ordinance to include a proposed use in one (1) or more of the zoning districts of this Ordinance, either as a Permitted Use or a Special Land use. At their option and discretion, the Planning Commission and Township Board may consider an appropriate amendment to the Zoning Ordinance, but are not required to do so.

 

Section 2. Effective Date.

That the foregoing amendments to the Holland Charter Township Zoning Ordinance were approved and adopted by the Township Board of Holland Charter Township, Ottawa County,

Michigan on_, 2011, after a public hearing required pursuant to Michigan Act 184 of 1943, as amended, and after introduction and first reading on_, 2011,

and publication after such first reading as required by Michigan Act 359 of 1947, as amended. This Ordinance shall be effective on_, 2011, which date is more than 7 days after publication of the Ordinance as is required by Section 1 la of Act 184, as amended, provided that this effective date shall be extended as necessary to comply with the requirements of Section 12 of Act 184, as amended.

 

CERTIFICATE

We, Terry Nienhuis and Michael Dalman, the Supervisor and Clerk, respectively, for the Charter Township of Holland, Ottawa County, Michigan, do hereby certify that the foregoing Holland Charter Township Zoning Ordinance Amendment was adopted as a regular meeting of the Holland Charter Township Board held on_, 2011. The following members of the Township Board were present at that meeting: _ _ . The following members of the Township Board were absent: __. The Ordinance was adopted by the Township Board with members of the Board_voting in favor and members of the Board_voting in opposition.

Notice of Adoption and Posting of the Ordinance Amendment was published in The Holland Sentinel on ____, 2011. Township Supervisor Township Clerk Holland Charter Township Ottawa County Founded in 1847 Board Meeting Agenda May 5, 2011 7:00 P.M. Holland Charter Township Offices

1. Call to order.

2. Pledge of Allegiance and Invocation

3. Approval of Board Meeting Minutes of April 21, 2011

4. Citizens comments

5. First Reading -

a. Ordinance to Regulate and License Medical Marijuana

b. Zoning Text Amendment Ordinance

6. Consideration of Ottawa County Road Commission Project Estimate -

Chloride Application

7. Consideration of annual contracted services appropriations

8. Administration Report and Updates - Mr. Komejan

9. Committee Reports lO.Other business

11. Adjournment

Holland Charter Township Ottawa County Founded in 1847 Board Meeting Agenda May 5, 2011 7:00 P.M. Holland Charter Township Offices

1. Call to order.

2. Pledge of Allegiance and Invocation

3. Approval of Board Meeting Minutes of April 21, 2011

4. Citizens comments

5. First Reading -

a. Ordinance to Regulate and License Medical Marijuana

b. Zoning Text Amendment Ordinance

6. Consideration of Ottawa County Road Commission Project Estimate -

Chloride Application

7. Consideration of annual contracted services appropriations

8. Administration Report and Updates - Mr. Komejan

9. Committee Reports lO.Other business

11. Adjournment

Holland Charter Township Ottawa County Founded in 1847 Board Meeting Agenda May 5, 2011 7:00 P.M. Holland Charter Township Offices

1. Call to order.

2. Pledge of Allegiance and Invocation

3. Approval of Board Meeting Minutes of April 21, 2011

4. Citizens comments

5. First Reading -

a. Ordinance to Regulate and License Medical Marijuana

b. Zoning Text Amendment Ordinance

6. Consideration of Ottawa County Road Commission Project Estimate -

Chloride Application

7. Consideration of annual contracted services appropriations

8. Administration Report and Updates - Mr. Komejan

9. Committee Reports lO.Other business

11. Adjournment i know i dont post alot but i go to the town ship meetings and soupport us this a friends doing so thanks awesomo

ALL i can say is, SUE<SUE<SUE!!!!!!!

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Myself and nobody I know who lives in a city or township or whatever you call your town that is 'requiring registration' will ever register with said municipality since we are already registered with the state. From reading the hacker blogs most cities have weak cyber security (if any) and I'm not up to some hacker getting my info and selling it on the open market to rippers.

 

On a side note. We contacted one of our people from back in the day and the amount of Mexican brick weed is dwindling drastically but she said more and more west coast weed is making its way into Michigan, "by the tons" her exact quote. The last pound she bought had a green triangle on the package with HMT inside the triangle.

 

Humboldt, Mendocino, and Trinity, are the three connecting counties in northern California notorious for growing marijuana and were central in fighting the prop 19 legalization effort to keep their millions in illegal Cali cartel weed profits, no better than the Mexican cartel if you ask me.

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Holland City Council Meeting Wednesday May 18 2011

SHOW UP AND USE YOUR VOICE!!! I WILL BE THERE!!!

HOLLAND PROPOSED ORDINANCE CLICK HERE!!

 

CITY COUNCIL MEETING

City Hall – 270 River Avenue

May 18, 2011

AGENDA

 

Subject to Change

5:30 P.M. Pre-Council Meeting (Council review of Agenda Items, No Action Taken)

7:00 P.M. Council Meeting (Action to be taken by Council on the following agenda items)

 

1. ROLL CALL

2. Opening Prayer – Mayor Pro-Tem Vande Vusse

3. Pledge of Allegiance

4. Consent Agenda – All items listed with an asterisk (*) are considered to be routine and have previously been reviewed by Council, and will be enacted with one motion. There will be no separate discussion of these items unless a Council Member or a member of the audience so requests, in which event the item will be removed from the consent agenda and considered in its normal sequence:

 

A. Announcement of above by the Mayor

 

B. Summary of the Consent Agenda by the City Clerk

 

C. Requests to remove items

 

D. Motion to approve Consent Agenda items – ROLL CALL.

*5. Approval of Minutes: Regular meetings held April 20 and May 4, 2011.

*6. Absences Excused: Motion to excuse, if any.

7. Special Presentations and Recognitions by the Mayor and / or Council Members

8. Special Order of the Day: None

(1) Report from Staff

(2) Mayor Declares Public Hearing Open for Comment.

(3) Mayor Declares Public Hearing Closed.

(4) Motion to adopt resolution – ROLL CALL.

9. Unfinished Business: None

10. Adoption of Ordinances: None

(1) Report from Staff

(2) Mayor Declares Public Hearing Open for Comment

(3) Mayor Declares Public Hearing Closed

(4) Motion to adopt resolution – ROLL CALL.

*11. Written Petitions and Communications:

 

A. Oaths of Office

 

B. Letter Received for Consideration of Requested Ordinance Change – Motion to accept

as information.

12. Communications from the Audience

13. Reports from Special Committees: None

14. Reports from Boards and City Officers:

 

A. Board of Public Works:

* 1. LG Chem – Water Main - Easement & Bill of Sale - Motion to adopt recommendation - ROLL CALL.

* 2. Electric Utility Rate Structure Changes - Motion to adopt recommendation - ROLL CALL.

* 3. Water System Improvements Engineering Services – Motion to adopt recommendation – ROLL CALL.

* 4. Allegan County Wind Project – Motion to adopt recommendation – ROLL CALL.

 

B. Planning Commission:

1. Proposed Extension of the Medical Marihuana Moratorium – Ordinance Amendment

Section 39-390 - Motion to adopt recommendation - ROLL CALL.

 

C. City Attorney: None

 

D. City Clerk:

* 1. Claims Filed Against the City – Motion to adopt recommendation - ROLL CALL.

* 2. Class C Resort Liquor License Transfer– Motion to adopt recommendation – ROLL CALL.

* 3. Annual Business License Renewals – Motion to adopt recommendation – ROLL CALL.

 

E. Purchasing: None

 

F. City Manager:

1. Management & Administrative Services:

1.1 Gifts – Motion to accept with appreciation.

* 1.2 Employee Retirement Service Credit – MERS Defined Benefit Plan - Motion to adopt recommendation - ROLL CALL.

* 1.3 Purchasing – Ordinance Amendment for Local Preference – Motion to adopt recommendation – ROLL CALL.

2. Fiscal Services:

* 2.1 Finance – April Financials – Accept as Information – Motion to adopt recommendation – ROLL CALL.

3. Public Safety Services: None.

4. Transportation System Services:

4.1 Street Resurfacing Program – Approve Crack Sealing Bids – Motion to adopt recommendation – ROLL CALL.

4.2 Traffic Engineering for 48th Street/Waverly Road Traffic Signal – Approve Engineering Proposal and Advance Purchase of Controller Box – Motion to adopt recommendation – ROLL CALL.

5. Community & Neighborhood Services:

* 5.1 Solid Waste / Recycling – Multi-Family Refuse & Recycling Rates - Motion to adopt recommendation – ROLL CALL.

5.2 State of Michigan Energy Grant – Pedestrian Lighting – Motion to adopt recommendation – ROLL CALL.

* 5.3 Downtown Development Authority (DDA) – Appointments & Reappointments to the Board – Motion to adopt recommendation – ROLL CALL.

6. Leisure & Cultural Services: None.

7. Internal Services: None.

15. Communications from the Mayor

16. Communications from Council Members

17. Motions and Resolutions by Council Members

18. First Reading of Ordinances:

 

A. Amendment Medical Marihuana Ordinance Section 39-390.

HOLLAND PROPOSED ORDINANCE CLICK HERE!!

 

* B. Amendment Purchasing Ordinance – Article IX.

Motion to accept for First Reading.

19. Adjournment

 

PLEASE NOTE

• AUDIENCE PARTICIPATION:

In addition to addressing the Council during public hearings and under “Communications from the Audience”, members of the Audience may address the Council, on items under “Reports from Boards and City Officers”, after a motion is pending on a particular item (except for items on the Consent Agenda), by approaching the microphone and waiting to be recognized by the Mayor. Audience participation shall be five minutes or less per item.

 

• HEARING ASSIST DEVICES:

Hearing assist devices are available upon request in the Control Room near the lighted display case. The City Council Chambers is equipped with the Induction Loop System. Please adjust your hearing aid to the T-coil setting to enhance reception of the amplified sound.

 

• CELL PHONES:

Please be courteous and turn cell phones off during the meeting.

 

thanks awesomo

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They are going back to the drawing board. Now is the time to educate them that our law doesn't allow them to regulate caregivers/patients. Thanks, Bb

 

 

Not according to their minutes.

 

>>Planning Commission

11.169 Proposed Zoning Ordinance Amendments to Sections 39-19 and 39-192.1 Medical Marihuana

Ordinance

Planning report was presented advising that in the fall of 2008, voters of the State of Michigan approved a voter-initiated

ballot measure allowing the use of medical marihuana (MM). Since that approval, the Michigan Medical Marihuana Act

has become law and communities around the State are each, in an uncoordinated fashion, developing local regulations in

response to this Act. This issue was brought to the Planning Commission’s attention by the City Attorney’s Office and by

then Interim Police Chief Messer during the summer of 2010. In the summer of 2010, City Council accepted the

recommendation of the Planning Commission and adopted a six-month Moratorium relating to medical marihuana

dispensaries. The moratorium was scheduled to expire on February 25, 2011 and was extended and modified slightly to

provide additional opportunity for the Planning Commission and staff to develop appropriate language, to allow

communication with some surrounding communities, and to allow some additional time for a number of court challenges

to address this issue. The currently extended Moratorium is set to expire on May 25, 2011. In addition to the included

recommended Ordinance dealing with Medical Marihuana (MM), the Planning Commission has also scheduled a public

hearing for May 10 to consider extending the current Moratorium an additional three months in order that City Council has

adequate time to consider the Commission’s recommendation. This report includes and summarizes the City Ordinance

addressing Medical Marihuana (MM) use in the City of Holland as unanimously recommended by the Planning

Commission on April 12, following extensive public comment.

Michigan’s Medical Marihuana Statute:

The statute sets up a two-part approach for regulating medical use of marihuana. First, the statute allows persons

suffering a debilitating disease to be certified for use of marihuana. Once certified, the person may obtain a patient

identification card that indicates that he or she may possess and use medical marihuana. The card is a defense to any

prosecution for use or possession of medical marihuana. The cards are issued by the State Department of Community

Health. With a card, the person may possess up to 2.5 ounces of useable medical marihuana and may use that medical

marihuana. The patient may cultivate up to 12 plants. The statute does not allow a patient to smoke medical marihuana

in any public place, possess it on a school bus, on school grounds, or operate a vehicle while under the influence.

Secondly, the patient may select a patient caregiver to assist him or her with use of the medical marihuana. To qualify as

a caregiver, the caregiver must be at least 21 years old and must register with the State. The caregiver is then issued a

caregiver identification card. The caregiver may grow and provide medical marihuana for the patient. A care giver may

have up to five patients. The caregiver may cultivate up to 12 plants per patient, in addition to 12 plants for him or herself

if the caregiver is also a registered patient. The caregiver may receive compensation for his or her costs.

Approach:

Included is the Medical Marihuana Zoning Ordinance proposal as prepared by the City Attorney’s Office following several

Planning Commission study sessions and after receiving public input, and now as recommended by the Planning

Commission. In general terms, the ordinance allows the growth, possession, and use by registered patients in full

consistency with the law and without additional limitations or requirements. Regarding caregivers, the Ordinance

establishes rules similar to otherwise existing home occupation requirements. A caregiver may grow medical marijuana in

7

his/her principal place of residence and then deliver the medical marihuana off-site to patients. Permission to establish

the Medical Marihuana home occupation requires a special exception approval from the Zoning Administrator and a

housing inspection. The City may share the location of a primary caregiver as provided in an application for the special

exception with the Public Safety Department but the name and address of the primary caregivers is not to be made public

subject to requirements of the MM Act and FOIA. The permit will be renewed annually with an inspection. One caregiver

per dwelling and no employees are permitted. Other detailed requirements are also included. The Planning Commission

has received numerous communications on this item since the initial discussion of the 6-month moratorium. At Council’s

request, we can provide copies of these to you but we anticipate a fresh batch of comments as Council considers further

this issue. Also included is a letter from H2O, a business nearby that sells equipment commonly used in the scale of

growing operations that this ordinance anticipates. The owner has made an offer to provide an after-hours tour of his

facility to allow Council to get a better understanding of the equipment that is necessary to operate a growing operation.

At your direction, we can arrange such a visit. It was recommended that City Council hold a first reading of the Ordinance,

schedule a Study Session for further discussion, and then hold a second reading and adoption or further amendment.

City Attorney provided an overview and summarized the report.

Mayor Dykstra declared the public hearing open for comment.

Lindell Herrick, 116 Cypress, thanked Council for their effort to bring some control to this issue. She stated there are two

concerns, drug free school zone law and distances and profiteering.

Kurt Volbeda, 320 W. 20th addressed three items, doctor recertification is required once per year, the statements of a

garage was incorrect and have a discussion and teach children as would be done for other drugs and alcohol.

Mayor Dykstra declared the public hearing closed.

A motion was made by Council Member Whiteman, 2nd by Council Member De Boer,

To amend the recommendation to establish school distance

Motion was withdrawn by Council Member Whiteman, 2nd by Council Member De Boer

A motion was made by Council Member Hoekstra, 2nd by Council Member Burch

To adopt the recommendation and a scheduled 2nd reading to occur June 1, 2011

Upon ROLL CALL, the motion carried unanimously.<<

 

http://www.cityofholland.com/sites/default/files/fileattachments/110518.pdf

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I was there my friend. Do you see the part about the study session? They announced that at the meeting. We have a plan. If it makes it past first reading, there is a plan in place. The city knows they will be in violation of the law, if they pass this ordinance as written. We have already received pledges to form a legal fund to fight these ordinances. You are not alone. We are fighting for you. I think the moratorium will be extended and the ordinance will be scraped. Time will tell, but either way, we are here for the duration. Thanks, Bb

Are you conflating the Holland City and Holland Township ordinances? Holland City had the first reading last night and has scheduled a second reading for June 1st (A motion was made by Council Member Hoekstra, 2nd by Council Member Burch

To adopt the recommendation and a scheduled 2nd reading to occur June 1, 2011 Upon ROLL CALL, the motion carried unanimously); Holland Township has a meeting tomorrow for their second reading and a possible vote.

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Are you conflating the Holland City and Holland Township ordinances? Holland City had the first reading last night and has scheduled a second reading for June 1st (A motion was made by Council Member Hoekstra, 2nd by Council Member Burch

To adopt the recommendation and a scheduled 2nd reading to occur June 1, 2011 Upon ROLL CALL, the motion carried unanimously); Holland Township has a meeting tomorrow for their second reading and a possible vote.

 

REALLY??????????????????? i had no clue OMG............... the leader of the local compassion club was supposed to notify everyone of future meetings and whatnot... i will get a hold of them and find out...to be continued

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Here it is:

 

>>1 | P a g e

Ordinance No. _____

AN ORDINANCE TO AMEND THE CODE OF THE CITY OF HOLLAND, MICHIGAN,

BEING ORDINANCE NO. _________ OF THE CITY OF HOLLAND, BY ADDING NEW

SECTIONS, WHICH NEW SECTIONS SHALL BE DESIGNATED AS SECTIONS 39-19.1

AND 39-192.1 OF SAID CODE.

THE CITY OF HOLLAND ORDAINS:

That the Ordinance Code of the City of Holland, Michigan, is hereby amended by adding

Sections 39-19.1 and 39-192.1 to read as follows:

Section 39-19.1.Medical Use of Marihuana. No property in any zone district shall be used for

the Medical Use Of Marihuana (as defined in Section 39-192.1 of the Holland City Code) except

as provided in Section 39-192.1. The Zoning Board of Appeals may not grant a variance from

the requirements of this section.

Section 39-192.1. Possession, cultivation, acquisition, etc. of Marihuana for Medical Use.

(a.) Definitions. The following definitions shall apply to this Section:

1. Marihuana. This term shall have the meaning given to it in Section 7601 of the

Michigan Public Health Code, 1978 PA 368, MCL 333.7106, as is referred to in the

Michigan Medical Marihuana Act, PA 2008, Initiated Law(the “Act”), at Section 3(d),

MCL 333. 26423(d).

2. Medical Use Of Marihuana. The acquisition, cultivation, manufacture, transfer or

transportation of marihuana or paraphernalia relating to the administration of marihuana

to treat or alleviate a person’s debilitating medical condition or symptoms associated with

the debilitating medical condition, as defined under the Michigan Medical Marihuana

Act, PA 2008, Initiated Law, MCL 333. 26423(d).

3. Primary Caregiver. A person who qualifies as a primary caregiver as defined in MCL

333.26423 (g).

4. Qualifying Patient. A person who qualifies as a qualifying patient as defined in MCL

333.26423 (h) and (k).

(b.) Medical Use of Marihuana. No property in any zone district shall be used for the Medical

Use Of Marihuana except as provided in this Section 39-192.1. The Zoning Board of

Appeals may not grant a variance from the requirements of this section.

 

2 | P a g e

(c.) Medical Use of Marihuana by a Qualifying Patient.

1. A Qualifying Patient may use his or her principal residence, but only for the Qualifying

Patient's own Medical Use Of Marihuana. There shall not be more than 12 marihuana

plants Qualifying Patient residing in a single dwelling. There shall not be more than a

total of 72 marihuana plants in a dwelling for all resident Qualifying Patients.

2. The Medical Use Of Marihuana by Qualifying Patients shall comply with all of the

general requirements listed in subsection (f) (1)-(6), (9)-(12) and (14)-(15).

(d.) Medical Use of Marihuana by a Primary Caregiver. A Primary Caregiver may engage in

the Medical Use Of Marihuana only as a Medical Marihuana Home Occupation as authorized

in this section 39-192.1. A Primary Caregiver may also be a Qualifying Patient.

(e.) Procedure for allowing the Medical Use of Marihuana by a Primary Caregiver;

Confidentiality of Information; appeals.

1. A Primary Caregiver that meets the criteria for a Medical Marihuana Home Occupation

under subsections (f), (g) and (h) of this section shall be allowed only if the property

owner or tenant first obtains a special exception permit for the property, subject to

ongoing compliance with subsections (f), (g) and (h) of this section.

2. An application for special exception to allow a Medical Marihuana Home Occupation

shall be filed with the zoning administrator.

a. The application shall not require the name or address of a Qualifying Patient. The

application shall require the consent of a property owner. The application shall be on

a form prescribed by the Zoning Administrator.

b. The zoning administrator shall issue a special exception permit for a Medical

Marihuana Home Occupation within fifteen (15) calendar days if the zoning

administrator determines that:

(1.) The application is complete;

(2.) The applicant complies with subsections (f), (g) and (h) of this section; and

(3.) This review period may be extended upon mutual consent of the zoning

administrator and the applicant.

c. Pursuant to MCL 333.26426, the name and address of a Primary Caregiver shall not

be released to the public but shall be kept confidential, except to the extent authorized

or required by the Act, or to the extent required by the Michigan Freedom of

Information Act or by other law. The location of a Medical Marihuana Home

Occupation may be disclosed to law enforcement personnel. This section shall not be

interpreted to require that the name of a tenant or property owner be kept confidential.

 

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d. Appeals from the zoning administrator’s decision shall be made to the zoning board

of appeals. The zoning board of appeals shall affirm, overturn, or modify the original

decision of the zoning administrator after holding a public hearing and conducting a

thorough review of the record. The name of the Primary Caregiver shall not be

disclosed during the course of appeal unless the Primary Caregiver is the person filing

the appeal unless otherwise required by law.

(f.) General conditions applicable to both Medical Marihuana Home Occupations.

1. A Medical Marihuana Home Occupation shall be clearly incidental and secondary to the

principal residential use of the dwelling.

2. The Medical Marihuana Home Occupation shall be limited to a maximum of fifty (50)

percent of the floor area of one (1) story of the dwelling.

3. All activities of the Medical Marihuana Home Occupation, including storage, shall be

conducted entirely within the interior of the dwelling. No outside storage is permitted.

Materials, supplies, and merchandise shall be stored in a manner that does not pose a

safety hazard to the dwelling, dwelling occupants, or adjoining properties and occupants,

and shall not result in a change of use of the property or an activity prohibited by the

Michigan Building Code.

4. There shall be no exterior alteration in the residential character of the premises in

connection with the Medical Marihuana Home Occupation.

5. The Medical Marihuana Home Occupation shall not generate noise, vibrations, smoke,

dust, odor, heat, or glare which are detectable beyond the property lines and not in other

dwelling units on the same parcel of property. Furthermore, the home business shall not

generate any electrical interference with radio or television transmission in the area that

would exceed that which is normally produced by a dwelling unit in a residential zoning

district used for residential purposes.

6. No signage is permitted for a Medical Marihuana Home Occupation.

7. There shall be a maximum of one (1) Medical Marihuana Home Occupation per

dwelling.

8. There shall be not more than 1 Primary Caregiver engaged in the Medical Use of

Marihuana per dwelling. A Primary Caregiver shall not have more than 5 Qualifying

Patients and shall only serve Qualifying Patients.

9. There shall be no more than 12 marihuana plants kept in the dwelling for each Qualifying

Patient assisted by the Primary Caregiver, and in no event shall there be more than a total

of 72 marihuana plants kept in the dwelling. Any incidental amount of seeds, stalks, and

unusable roots shall also be allowed to the extent allowed under state law and shall not be

 

4 | P a g e

included in this amount.

10. No Marihuana may be kept on site for persons other than Qualifying Patients (a) who

have currently designated the Primary Caregiver as their Primary Caregiver or (b) who

currently reside in the dwelling.

11. Marihuana shall be kept in a fully enclosed, locked room or enclosure accessible only by

the Primary Caregiver.

12. If a room with windows is utilized as a marihuana growing location, any lighting

methods that exceed usual residential use between the hours of 11 p.m. and 6 a.m. shall

employ shielding methods, without alteration to the exterior of the residence, to prevent

ambient light spillage that causes or creates a distraction or nuisance to adjacent

residential properties;

13. An owner or tenant shall arrange for, and comply with, an inspection conducted to

determine compliance with this section 39-192.1 prior to operation of a Medical

Marihuana Home Occupation.

14. A Medical Marihuana Home Occupation shall not have employees who do not reside in

the dwelling.

15. A Medical Marihuana Home Occupation shall comply with all other applicable local and

state laws and regulations, including but not limited to, building, electrical, plumbing,

mechanical, and maintenance codes and permit requirements under such codes and with

the Act.

(g.) Medical Marihuana Home Occupation Special Requirements. All Medical Marihuana

Home Occupations shall comply with the following standards:

1. There shall be no visits by Qualifying Patients or other medical marihuana users

generated by the Medical Marihuana Home Occupation (other than persons who reside in

the dwelling). There shall be no on-site pick-up or delivery of Medical Marihuana by

Qualifying Patients, other medical marihuana users or others. There shall be no

deliveries in public rights of way or on public property.

2. The Home Occupation shall not require additional on-street or off-street parking.

3. The delivery and pickup of goods and materials used and/or produced in the operation of

the Medical Marihuana Home Occupation shall be limited to the customary delivery and

pickup of mail and packages by the United States Postal Service, or by alternative private

delivery services common to residential property in which the Medical Marihuana Home

Occupation is located. Such deliveries and pickups shall not require a vehicle larger than

a step-type van.

 

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(h.) Renewal of Special Exception, Inspections. A special exception for a Medical Marihuana

Home Occupation shall expire on April 30 of each year but maybe renewed upon

determination that the Medical Marihuana Home Occupation continues to comply with the

criteria of this section 39-192.1. The applicant for renewal under this section shall arrange

for, and comply with, an inspection conducted to determine compliance with this section 39-

192.1.

(i.) Additional Inspections. A Medical Marihuana Home Occupation are subject to inspection to

determine compliance with this section 39-192.1 and state or federal law upon receipt of a

complaint for violation of this section or state law relating to the Use of Medical Marihuana

by the Holland Department of Public Safety or the Holland Department of Community and

Neighborhood Services.

(j.) Enforcement. Violations of this section shall be enforced in the manner provided in section

39-192 (b) (4).

(k.) No Immunity from Prosecution. Nothing in this section, nor any companion regulatory

provision or other provision of the Holland City Code is intended to grant, nor shall be

construed as granting, immunity from criminal prosecution for the cultivation, sale,

consumption, use, distribution or possession of Marihuana which is not in strict compliance

with the Act and the General Rules and this subsection.

(l.) Federal Preemption.

1. Since federal law is not affected by the Act, nothing in this chapter, or in any companion

regulatory provision or any other provision of this Code, is intended to grant, nor shall

they be construed as granting, immunity from criminal prosecution under federal law.

Neither this ordinance nor the Act protects users, caregivers or 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 Control Substances

Act.

2. In the event that it is determined by judicial or other legal action that the provisions of the

Act are preempted by federal law and/or invalid, all the rights granted under this section

shall be deemed null and void.

(m.) City Regulations. The Department of Community and Neighborhood Services may

adopt or amend rules pursuant to Section 1-7 of the Holland City Code, subject to approval

by the City Council, as necessary to govern the procedures and interpretation of this Section

39-192.1.

All other provisions of Chapter 39 shall remain in full force and effect.

Adopted: _____________, 2011<<

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