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CITY OF LANSING, MICHIGAN 1 ORDINANCE NO._____ 2

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AN ORDINANCE OF THE CITY OF LANSING, MICHIGAN TO REPLACE CHAPTER 4 1300 OF THE CITY OF LANSING CODIFIED ORDINANCES IN ITS ENTIRETY; TO 5 PROVIDE FOR THE REGULATION AND LICENSING OF MEDICAL MARIHUANA 6 ESTABLISHMENTS; TO ESTABLISH LAND USE AND ZONING REQUIREMENTS 7 ATTENDANT THERETO; TO ESTABLISH AND PROVIDE FOR THE 8

COMPOSITION OF A MEDICAL MARIHUANA COMMISSION AND TO DEFINE ITS 9 FUNCTIONS AND RESPONSIBILITIES; TO PROTECT THE PUBLIC HEALTH, 10 SAFETY, AND WELFARE OF THE CITY OF LANSING; TO SET LICENSING FEES 11 FOR THE PURPOSE OF DEFRAYING THE COSTS ASSOCIATED WITH THE 12 IMPLEMENTATION AND ENFORCEMENT OF THE PROVISIONS OF THE 13

CHAPTER; AND TO PROVIDE PENALTIES FOR VIOLATIONS OF THE CHAPTER. 14 15

THE CITY OF LANSING ORDAINS: 16 17 18

SECTION ONE: Chapter 1300 of the Lansing Code of Ordinances is hereby replaced in its 19 entirety to read as follows: 20

21 1300.1 Legislative Intent. 22 1300.2 Definitions, Interpretation and Conflicts. 23

1300.3 Establishment of The Medical Marihuana Commission; membership; chairperson; 24 meetings. 25

1300.4 Operation without License Prohibited. 26

1300.5 License Application Submission. 27

1300.6 License Application Evaluation. 28 1300.7 License Renewal Application. 29 1300.8 Licenses Generally. 30

1300.9 Minimum Operational Standards of A Medical Marihuana Provisioning Center . 31 1300.10 Minimum Operational Standards of A Medical Marihuana Grower Facility. 32

1300.11 Minimum Operational Standards of A Medical Marihuana Safety Compliance 33 Facility. 34

1300.12 Minimum Operational Standards of A Medical Marihuana Processor Facility. 35 1300.13 Location of Medical Marihuana Provisioning Centers. . 36 1300.14 Location of Medical Marihuana Safety Compliance Facilities, Medical Marihuana 37

Processor Facilities and Medical Marihuana Grower Facilities. 38

1300.15 Denial and Revocation. 39 1300.16 Penalties. 40 1300.17 No Vested Rights. 41

1300.18 Zoning Board of Appeals. 42 1300.19 Sunset. 43 44 45 46

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4 1300.1 –LEGISLATIVE INTENT. 5 6 THE PURPOSE OF THIS CHAPTER IS TO EXERCISE THE POLICE, REGULATORY, 7 AND LAND USE POWERS OF THE CITY OF LANSING BY LICENSING AND 8 REGULATING MEDICAL MARIHUANA PROVISIONING CENTERS, MEDICAL 9

MARIHUANA GROWER FACILITIES, MEDICAL MARIHUANA COMPLIANCE 10 FACILITIES, AND MEDICAL MARIHUANA PROCESSOR FACILITIES TO THE EXTENT 11 PERMISSIBLE UNDER STATE OF MICHIGAN AND FEDERAL LAWS AND 12 REGULATIONS AND TO PROTECT THE PUBLIC HEALTH, SAFETY, AND WELFARE 13

OF THE RESIDENTS OF THE CITY OF LANSING; AND AS SUCH THIS CHAPTER 14 CONSTITUTES A PUBLIC PURPOSE. 15

16 THE CITY FINDS THAT THE ACTIVITIES DESCRIBED IN THIS CHAPTER ARE 17 SIGNIFICANTLY CONNECTED TO THE PUBLIC HEALTH, SAFETY, SECURITY AND 18

WELFARE OF ITS CITIZENS AND IT IS THEREFORE NECESSARY TO REGULATE 19 AND ENFORCE SAFETY, SECURITY, FIRE, POLICING, HEALTH AND SANITATION 20 PRACTICES RELATED TO SUCH ACTIVITIES AND ALSO TO PROVIDE A METHOD TO 21

DEFRAY ADMINISTRATIVE COSTS INCURRED BY SUCH REGULATION AND 22 ENFORCEMENT. 23

24 25 IT IS NOT THE INTENT OF THIS CHAPTER TO DIMINISH, ABROGATE, OR RESTRICT 26

THE PROTECTIONS FOR MEDICAL USE OF MARIHUANA FOUND IN THE MICHIGAN 27

MEDICAL MARIHUANA ACT OR IN THE LANSING CITY CHARTER AT SECTION 8-28 501. 29 30

31 1300.2 – DEFINITIONS, INTERPRETATION AND CONFLICTS. 32

33 FOR THE PURPOSES OF THIS CHAPTER: 34

35 (A) ANY TERM DEFINED BY THE MICHIGAN MEDICAL MARIHUANA ACT, MCL 36

333.26421 ET SEQ., AS AMENDED (“MMMA”), SHALL HAVE THE DEFINITION GIVEN 37 IN THE MICHIGAN MEDICAL MARIHUANA ACT, AS AMENDED. IF THE DEFINITION 38

OF A WORD OR PHRASE SET FORTH IN THIS CHAPTER CONFLICTS WITH THE 39 DEFINITION IN THE MMMA, OR IF A TERM IS NOT DEFINED BUT IS DEFINED IN 40 THE MMMA, THEN THE DEFINITION IN THE MMMA SHALL APPLY. 41

42 (B) ANY TERM DEFINED BY 21 USC 860(E) REFERENCED IN THIS CHAPTER 43

SHALL HAVE THE DEFINITION GIVEN BY 21 USC 860(E). 44 45

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(C) THIS ORDINANCE SHALL NOT LIMIT AN INDIVIDUAL’S OR ENTITY’S 1 RIGHTS UNDER THE MMMA. THE MMMA SUPERSEDES THIS ORDINANCE WHERE 2 THERE IS A CONFLICT BETWEEN THEM. 3

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(D) ALL ACTIVITIES RELATED TO MEDICAL MARIHUANA, INCLUDING THOSE 5 RELATED TO A MEDICAL MARIHUANA PROVISIONING CENTER, A MEDICAL 6 MARIHUANA CULTIVATION FACILITY, SECURE TRANSPORTER, PROCESSOR OR A 7 SAFETY COMPLIANCE FACILITY SHALL BE IN COMPLIANCE WITH THE RULES OF 8 THE MICHIGAN DEPARTMENT OF LICENSING AND REGULATORY AFFAIRS OR 9

ANY SUCCESSOR AGENCY, THE RULES AND REGULATIONS OF THE CITY OF 10 LANSING, AND THE MMMA. 11

12 (E) ANY USE WHICH PURPORTS TO HAVE ENGAGED IN THE CULTIVATION OR 13

PROCESSING OF MEDICAL MARIHUANA INTO A USABLE FORM, OR THE 14 DISTRIBUTION OF MEDICAL MARIHUANA, OR THE TESTING OF MEDICAL 15

MARIHUANA EITHER PRIOR TO OR AFTER ENACTMENT OF THIS CHAPTER BUT 16 WITHOUT OBTAINING THE REQUIRED LICENSING SET FORTH IN THIS CHAPTER 17 SHALL BE DEEMED TO NOT BE A LEGALLY ESTABLISHED USE AND THEREFORE 18

NOT ENTITLED TO LEGAL NONCONFORMING STATUS UNDER THE PROVISIONS OF 19 THIS CHAPTER AND AND/OR STATE LAW. THE CITY FINDS AND DETERMINES 20 THAT IT HAS NOT HERETOFORE AUTHORIZED OR LICENSED THE EXISTENCE OF 21

ANY MEDICAL MARIHUANA ESTABLISHMENT, AS DEFINED HEREIN, IN THE CITY. 22 23

(F) THE FOLLOWING TERMS SHALL HAVE THE DEFINITIONS GIVEN: 24 25 “BUILDING” MEANS AN INDEPENDENT, ENCLOSED STRUCTURE HAVING A 26

ROOF SUPPORTED BY COLUMNS OR WALLS, INTENDED AND / OR USED FOR 27

SHELTER OR ENCLOSURE OF PERSONS OR CHATTELS. WHEN ANY PORTION OF A 28 STRUCTURE IS COMPLETELY SEPARATED FROM EVERY OTHER PART BY 29 DIVIDING WALLS FROM THE GROUND UP, AND WITHOUT OPENINGS, EACH 30

PORTION OF SUCH STRUCTURE SHALL BE DEEMED A SEPARATE STRUCTURE, 31 REGARDLESS OF WHETHER THE PORTIONS OF SUCH STRUCTURE SHARE 32

COMMON PIPES, DUCTS, BOILERS, TANKS, FURNACES, OR OTHER SUCH SYSTEMS. 33 THIS DEFINITION REFERS ONLY TO PERMANENT STRUCTURES, AND DOES NOT 34

INCLUDE TENTS, SHEDS, GREENHOUSES AND PRIVATE GARAGES ON 35 RESIDENTIAL PROPERTY, STABLES, OR OTHER ACCESSORY STRUCTURES. A 36 BUILDING DOES NOT INCLUDE SUCH STRUCTURES WITH INTERIOR AREAS NOT 37 NORMALLY ACCESSIBLE FOR HUMAN USE, SUCH AS GAS HOLDERS, TANKS, 38

SMOKE STACKS, GRAIN ELEVATORS, COAL BUNKERS, OIL CRACKING TOWERS 39 OR SIMILAR STRUCTURES. 40

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“CHAPTER” MEANS THIS CHAPTER 1300. 42 43 “CITY” MEANS THE CITY OF LANSING, MICHIGAN. 44 45

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“COMMISSION” MEANS THE MEDICAL MARIHUANA COMMISSION 1 ESTABLISHED UNDER THIS CHAPTER. 2

3 “COUNCIL, OR CITY COUNCIL,” MEANS THE CITY COUNCIL OF LANSING, 4

MICHIGAN. 5 6 “CULTIVATION” OR “CULTIVATE” AS USED IN THIS ORDINANCE MEANS: (1) 7

ALL PHASES OF GROWTH OF MARIHUANA FROM SEED TO HARVEST; OR (2) 8 PREPARING, PACKAGING OR REPACKAGING, LABELING, OR RELABELING OF ANY 9

FORM OF MARIHUANA; OR (3) TO THE EXTENT PERMITTED BY THE MMMA, IF AT 10 ALL, THE EXTRACTION OF RESIN FROM THE MARIHUANA OR THE CREATION OF 11 MARIHUANA INFUSED PRODUCTS FOR SALE OR PACKAGED FORM TO A MEDICAL 12 MARIHUANA PROVISIONING CENTER. 13

14 “DISQUALIFYING FELONY” MEANS A FELONY THAT MAKES AN INDIVIDUAL 15

INELIGIBLE TO SERVE AS A REGISTERED PRIMARY CAREGIVER UNDER THE 16 MMMA OR OTHER APPLICABLE STATE LAW. 17

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“MEDICAL MARIHUANA” MEANS ANY MARIHUANA INTENDED FOR MEDICAL 19 USE THAT MEETS ALL REQUIREMENTS FOR MEDICAL MARIHUANA CONTAINED 20 IN THE MMMA AND ANY OTHER APPLICABLE LAW. 21

22 “MEDICAL MARIHUANA COMMISSION” OR “COMMISSION” MEANS THE 23

MEDICAL MARIHUANA COMMISSION ESTABLISHED UNDER SECTION 1300.3 OF 24 THIS CHAPTER. 25

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“MEDICAL MARIHUANA PROVISIONING CENTER,” OR A “MEDICAL 27

MARIHUANA CAREGIVER CENTER,” MEANS A COMMERCIAL ENTITY LOCATED IN 28 THE CITY THAT HAS A LICENSE TO OPERATE FROM THE STATE (TO THE EXTENT 29 ONE IS REQUIRED) AND HAS A LICENSE FROM THE CITY, THAT SELLS, SUPPLIES, 30

OR PROVIDES MARIHUANA TO REGISTERED QUALIFYING PATIENTS, ONLY AS 31 PERMITTED BY STATE LAW. MEDICAL MARIHUANA PROVISIONING CENTER, AS 32

DEFINED IN THE MMMA, INCLUDES ANY COMMERCIAL PROPERTY WHERE 33 MARIHUANA IS SOLD IN CONFORMANCE WITH STATE LAW AND REGULATION. A 34

NONCOMMERCIAL LOCATION USED BY A PRIMARY CAREGIVER TO ASSIST A 35 QUALIFYING PATIENT, AS DEFINED IN THE MMMA, CONNECTED TO THE 36 CAREGIVER THROUGH THE DEPARTMENT’S MARIHUANA REGISTRATION 37 PROCESS IN ACCORDANCE WITH THE MMMA IS NOT A MEDICAL MARIHUANA 38

PROVISIONING CENTER OR A MEDICAL MARIHUANA CAREGIVER CENTER FOR 39 PURPOSES OF THIS CHAPTER. 40

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“MEDICAL MARIHUANA GROWER FACILITY,” ALSO KNOWN AS “MEDICAL 42 MARIHUANA CULTIVATION FACILITY,” MEANS A COMMERCIAL ENTITY 43 LOCATED IN THE CITY THAT IS LICENSED TO OPERATE BY THE STATE, (TO THE 44 EXTENT ONE IS REQUIRED) AND HAS A LICENSE FROM THE CITY, THAT 45

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CULTIVATES, DRIES, TRIMS OR CURES AND PACKAGES MARIHUANA IN 1 ACCORDANCE WITH STATE LAW. 2

3 “MEDICAL MARIHUANA ESTABLISHMENT(S), OR,“ESTABLISHMENT,” MEANS 4

ANY FACILITY, ESTABLISHMENT AND/OR CENTER THAT IS REQUIRED TO BE 5 LICENSED UNDER THIS CHAPTER INCLUDING A MEDICAL MARIHUANA 6 PROVISIONING CENTER OR MEDICAL MARIHUANA CAREGIVER CENTER, A 7 MEDICAL MARIHUANA GROWER FACILITY, A MEDICAL MARIHUANA PROCESSOR 8 FACILITY AND A MEDICAL MARIHUANA SAFETY COMPLIANCE FACILITY. 9

10 “ORDINANCE” MEANS THE ORDINANCE ADOPTING THIS CHAPTER 1300. 11 12 “PERSON” MEANS AN INDIVIDUAL, PARTNERSHIP, FIRM, COMPANY, 13

CORPORATION, ASSOCIATION, SOLE PROPRIETORSHIP, LIMITED LIABILITY 14 COMPANY, JOINT VENTURE, ESTATE, TRUST, OR OTHER LEGAL ENTITY. 15

16 “ LICENSE APPLICATION” REFERS TO THE REQUIREMENTS AND PROCEDURES 17

SET FORTH IN SECTIONS 1300.5 AND 1300.6. 18

19 20 “PROCESSOR” OR “MEDICAL MARIHUANA PROCESSOR FACILITY” MEANS A 21

COMMERCIAL ENTITY LOCATED IN THIS CITY THAT HAS A LICENSE TO OPERATE 22 ISSUED BY THE STATE (TO THE EXTENT ONE IS REQUIRED) AND HAS A LICENSE 23

FROM THE CITY, THAT EXTRACTS RESIN FROM THE MARIHUANA OR CREATES A 24 MARIHUANA-INFUSED PRODUCT, TO THE EXTENT PERMITTED BY STATE LAW..” 25

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“SAFETY COMPLIANCE FACILITY” OR “MEDICAL MARIHUANA SAFETY 27

COMPLIANCE FACILITY” MEANS A COMMERCIAL ENTITY THAT HAS A LICENSE 28 TO OPERATE ISSUED BY THE STATE (TO THE EXTENT ONE IS REQUIRED) AND 29 HAS A LICENSE FROM THE CITY, THAT RECEIVES MARIHUANA FROM A MEDICAL 30

MARIHUANA ESTABLISHMENT OR A REGISTERED QUALIFYING PATIENT OR A 31 REGISTERED PRIMARY CAREGIVER, TESTS IT FOR CONTAMINANTS AND FOR 32

TETRAHYDROCANNABINOL AND OTHER CANNABINOIDS IN ACCORDANCE WITH 33 STATE LAW. 34

35 “SECURE TRANSPORTER” MEANS A COMMERCIAL ENTITY THAT HAS A 36

LICENSE TO OPERATE ISSUED BY THE STATE (TO THE EXTENT THAT ONE IS 37 REQUIRED) AND HAS A LICENSE FROM THE CITY, THAT IS A COMMERCIAL 38

ENTITY LOCATED IN THIS CITY THAT STORES MARIHUANA AND TRANSPORTS 39 MARIHUANA BETWEEN MEDICAL MARIHUANA FACILITIES FOR A FEE AND IN 40 ACCORDANCE WITH STATE LAW. 41

42 “STAKEHOLDER” MEANS, WITH RESPECT TO A TRUST, THE BENEFICIARIES, 43

WITH RESPECT TO A LIMITED LIABILITY COMPANY, THE MANAGERS OR 44 MEMBERS, WITH RESPECT TO A CORPORATION, WHETHER PROFIT OR NON-45 PROFIT, THE OFFICERS, DIRECTORS, OR SHAREHOLDERS, AND WITH RESPECT TO 46

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A PARTNERSHIP OR LIMITED LIABILITY PARTNERSHIP, THE PARTNERS, BOTH 1 GENERAL AND LIMITED. 2

3 “STATE” MEANS THE STATE OF MICHIGAN. 4

5 “RESTRICTED/LIMITED ACCESS AREA” MEANS A BUILDING, ROOM OR OTHER 6

AREA UNDER THE CONTROL OF THE LICENSEE WITH ACCESS GOVERNED BY THE 7 MMMA OR OTHER APPLICABLE STATE LAW. 8

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(G) ANY TERM DEFINED BY THE MMMA AND NOT DEFINED IN THIS CHAPTER 10 SHALL HAVE THE DEFINITION GIVEN IN THE MMMA. 11

1300.3 – ESTABLISHMENT OF THE MEDICAL MARIHUANA COMMISSION; 12 MEMBERSHIP; CHAIRPERSON; MEETINGS. 13

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(A) THE MEDICAL MARIHUANA COMMISSION IS HEREBY ESTABLISHED. THE 15 COMMISSION SHALL CONSIST OF SEVEN (7) MEMBERS, WHO SHALL BE 16

APPOINTED BY THE MAYOR WITH THE CONSENT OF COUNCIL. MEMBERS SHALL 17 SERVE FOR TERMS OF OFFICE OF THREE (3) YEARS. EXCEPT FOR THE INITIAL 18 APPOINTMENTS TO THE COMMISSION, TWO MEMBERS SHALL SERVE FOR A 19

TERM OF ONE (1) YEAR, TWO MEMBERS SHALL SERVE FOR A TERM OF TWO (2) 20 YEARS, AND THREE MEMBERS SHALL SERVE FOR A TERM OF THREE YEARS. 21

22 (B) THE MEMBERS OF THE COMMISSION SHALL INCLUDE THE FOLLOWING: 23

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(1) FOUR (4) MEMBERS, ONE FROM EACH WARD OF THE CITY, UPON 25

BEING RECOMMENDED TO THE MAYOR BY THE COUNCIL PERSON IN 26 THAT WARD, EACH WHO REPRESENTS A DULY ORGANIZED AND 27 EXISTING RESIDENTIAL OR NEIGHBORHOOD ORGANIZATION OR 28

NEIGHBORHOOD WATCH GROUP; 29 30

(2) ONE (1) MEMBER REPRESENTING A DULY ORGANIZED AND EXISTING 31 MEDICAL MARIHUANA PATIENT ADVOCACY ORGANIZATION; 32

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(3) TWO (2) MEMBERS POSSESSING BUSINESS EXPERIENCE FROM THE 35 GENERAL POPULATION OF THE CITY. 36

37 (C) THE CHAIRPERSON OF THE COMMISSION SHALL BE ELECTED ANNUALLY 38 BY A MAJORITY VOTE OF THE MEMBERS OF THE COMMISSION. THE 39

COMMISSION MAY MEET AT SUCH TIMES AS THE COMMISSION MAY DETERMINE 40 OR AS OTHERWISE REQUIRED IN THIS CHAPTER. THE COMMISSION SHALL 41 ADOPT ITS OWN RULES OF PROCEDURE AND SHALL KEEP A RECORD OF ITS 42 PROCEEDINGS, SHOWING THE ACTION OF THE COMMISSION AND THE VOTE OF 43 EACH MEMBER UPON EACH QUESTION CONSIDERED. ALL MEETINGS OF THE 44 COMMISSION SHALL BE HELD IN CONFORMANCE WITH THE MICHIGAN OPEN 45

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MEETINGS ACT, 1976 PA 267, MCL 15.261 ET SEQ. THE COMMISSION SHALL KEEP A 1 RECORD WHICH SHALL BE OPEN TO THE PUBLIC. THE PRESENCE OF FOUR (4) 2 MEMBERS SHALL CONSTITUTE A QUORUM FOR VOTING PURPOSES. 3 4

(D) NO VOTING MEMBER OF THE COMMISSION SHALL HOLD ANY OTHER 5 PUBLIC OFFICE OR PUBLIC EMPLOYMENT IN ANY LOCAL UNIT OF 6 GOVERNMENT SUPPORTED BY LANSING PROPERTY TAXES IN WHOLE OR IN 7 PART. NO MEMBER OF THE COMMISSION SHALL HAVE ANY DIRECT 8 FINANCIAL INTEREST IN A MEDICAL MARIHUANA ESTABLISHMENT. 9

10 (E) THE COMMISSION SHALL REVIEW ALL APPLICATIONS THAT ARE 11 FORWARDED TO IT BY THE CITY CLERK UNDER THIS CHAPTER. A LICENSE 12 SHALL NOT BE ISSUED UNTIL THE COMMISSION HAS ACTED ON THE 13

APPLICATION BY ISSUING A CERTIFICATE OF APPROVAL BY A MAJORITY VOTE 14 OF THE COMMISSION MEMBERS VOTING AT A MEETING. 15

16 (F) THE COMMISSION MAY PROPOSE CHANGES TO THIS CHAPTER TO THE CITY 17 COUNCIL AND MAY RECOMMEND RULES AND REGULATIONS RELATED TO THIS 18

CHAPTER FOR COUNCIL APPROVAL. 19 20 (G) THE CHIEF OF POLICE (OR A DESIGNEE), THE CHIEF OF THE FIRE 21

DEPARTMENT (OR A DESIGNEE) AND THE DIRECTOR OF PLANNING AND 22 NEIGHBORHOOD DEVELOPMENT (OR A DESIGNEE) SHALL ALSO SERVE THE 23

COMMISSION IN AN EX OFFICIO NON-VOTING CAPACITY. 24

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1300.4 - OPERATION WITHOUT LICENSE PROHIBITED. 28 29

(A) EVERY MEDICAL MARIHUANA ESTABLISHMENT IN THE CITY OF LANSING 30

SHALL BE LICENSED PURSUANT TO THE TERMS AND PROVISIONS SET FORTH 31 IN THIS CHAPTER. EXCEPT AS PROVIDED IN SUBSECTION 1300.4(b), NO PERSON 32

SHALL OPERATE A MEDICAL MARIHUANA ESTABLISHMENT IN THE CITY 33 WITHOUT FIRST OBTAINING A LICENSE FOR THE MEDICAL MARIHUANA 34

ESTABLISHMENT FROM THE CITY CLERK. A MEDICAL MARIHUANA 35 ESTABLISHMENT OPERATING WITHOUT A LICENSE UNDER THE PROVISIONS 36 OF THIS CHAPTER IS DEEMED A PUBLIC NUISANCE. 37

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(B) A MEDICAL MARIHUANA ESTABLISHMENT THAT IS OPERATING ON THE 39 EFFECTIVE DATE OF THIS CHAPTER AND IS NOT IN VIOLATION OF THE CITY’S 40 MORATORIUM ON STARTING NEW OPERATIONS (CITY ORDINANCE 1202) MAY 41

CONTINUE TO OPERATE DURING THE APPLICATION SUBMISSION AND REVIEW 42 PERIODS PROVIDED FOR IN SECTIONS 1300.5 AND 1300.6, ONLY SO LONG AS IT 43 SUBMITS ITS APPLICATION FOR A LICENSE WITHIN 30 DAYS OF THE 44 EFFECTIVE DATE OF THIS CHAPTER AND ONLY SO LONG AS IT HAS NOT BEEN 45 NOTIFIED BY THE CITY CLERK THAT IT WOULD NOT BE RECEIVING A LICENSE 46

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OR THAT ITS APPLICATION WOULD NOT BE SUBMITTED TO THE COMMISSION 1 FOR CONSIDERATION PURSUANT TO 1300.5 (C) AND (E). ONCE A MEDICAL 2 MARIHUANA ESTABLISHMENT IS NOTIFIED BY THE CITY CLERK THAT IT WILL 3 NOT RECEIVE A LICENSE OR THAT ITS APPLICATION WILL NOT BE 4

SUBMITTED TO THE COMMISSION FOR CONSIDERATION, THE MEDICAL 5 MARIHUANA ESTABLISHMENT MUST CEASE OPERATING WITHIN 30 6 CALENDAR DAYS FROM THE DATE OF SUCH NOTIFICATION. 7

8 (C) THE CITY CLERK SHALL ISSUE A NEW LICENSE FOR A MEDICAL 9

MARIHUANA ESTABLISHMENT ONLY AFTER THE COMMISSION HAS ISSUED A 10 CERTIFICATE OF APPROVAL. THE TERM OF EACH LICENSE SHALL BE ONE 11 YEAR. 12

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14 1300.5 – LICENSE APPLICATION SUBMISSION. 15

16 (A) EACH MEDICAL MARIHUANA ESTABLISHMENT MUST BE LICENSED BY 17 THE CITY. APPLICATIONS FOR A LICENSE SHALL BE MADE IN WRITING TO 18

THE CITY CLERK. ALL APPLICATIONS SUBMITTED TO THE CITY CLERK SHALL 19 BE CONSIDERED FOR THE ISSUANCE OF A LICENSE. 20 21

(B) AN APPLICATION FOR A LICENSE REQUIRED BY THIS CHAPTER SHALL BE 22 MADE UNDER OATH ON FORMS PROVIDED BY THE CITY, AND SHALL CONTAIN 23

ALL OF THE FOLLOWING: 24 25

(1) IF THE APPLICANT IS AN INDIVIDUAL, THE APPLICANT'S NAME, 26

DATE OF BIRTH, PHYSICAL ADDRESS, EMAIL ADDRESS, ONE OR MORE PHONE 27

NUMBERS, INCLUDING EMERGENCY CONTACT INFORMATION, A COPY OF A 28 GOVERNMENT ISSUED PHOTO IDENTIFICATION CARD OF THE APPLICANT, 29 AND A COPY OF THE APPLICANT’S CAREGIVER REGISTRY IDENTIFICATION 30

CARD ISSUED PURSUANT TO THE MMMA; 31 32

(2) IF THE APPLICANT IS NOT AN INDIVIDUAL, THE NAMES, DATES OF 33 BIRTH, PHYSICAL ADDRESSES, EMAIL ADDRESSES, AND ONE OR MORE PHONE 34

NUMBERS OF EACH STAKEHOLDER OF THE APPLICANT, INCLUDING 35 DESIGNATION OF A STAKEHOLDER AS AN EMERGENCY CONTACT PERSON 36 AND CONTACT INFORMATION FOR THE EMERGENCY CONTACT PERSON, 37 ARTICLES OF INCORPORATION, INTERNAL REVENUE SERVICE SS-4 EIN 38

CONFIRMATION LETTER, AND THE OPERATING AGREEMENT OF THE 39 APPLICANT, IF A LIMITED LIABILITY COMPANY, AND A COPY OF AT LEAST 40 ONE STAKEHOLDER’S CAREGIVER REGISTRY IDENTIFICATION CARD ISSUED 41

PURSUANT TO THE MMMA; 42 43 (3) THE NAME AND ADDRESS OF THE PROPOSED MEDICAL MARIHUANA 44

ESTABLISHMENT AND ANY ADDITIONAL CONTACT INFORMATION DEEMED 45 NECESSARY BY THE CITY CLERK; 46

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1 (4) WITH RESPECT TO MEDICAL MARIHUANA PROVISIONING CENTERS, 2

FOR THE APPLICANT OR FOR EACH STAKEHOLDER OF THE APPLICANT, 3 AFFIRMATION THAT EACH IS AT LEAST 18 YEARS OF AGE AND HAS NOT BEEN 4

CONVICTED OF OR PLED GUILTY OR NO CONTEST TO A DISQUALIFYING 5 FELONY. WITH RESPECT TO ALL OTHER MEDICAL MARIHUANA 6 ESTABLISHMENTS, FOR THE APPLICANT OR FOR EACH STAKEHOLDER OF THE 7 APPLICANT, AN AFFIRMATION THAT EACH AND EACH AGENT OR EMPLOYEE 8 IS AT LEAST 18 YEARS OF AGE AND HAS NOT BEEN CONVICTED OF OR PLED 9

GUILTY OR NO CONTEST TO A DISQUALIFYING FELONY; 10 11 (5) A SIGNED RELEASE AUTHORIZING THE CITY OF LANSING POLICE 12

DEPARTMENT TO PERFORM A CRIMINAL BACKGROUND CHECK TO 13

ASCERTAIN WHETHER THE APPLICANT, EACH STAKEHOLDER OF THE 14 APPLICANT, EACH OPERATOR AND EMPLOYEE OF THE APPLICANT MEET THE 15

CRITERIA SET FORTH IN THIS CHAPTER; 16 17 (6) WITH RESPECT TO MEDICAL MARIHUANA PROVISIONING CENTERS, 18

THE NAME, DATE OF BIRTH, PHYSICAL ADDRESS, COPY OF PHOTO 19 IDENTIFICATION, AND EMAIL ADDRESS FOR ANY OPERATOR OR EMPLOYEE 20 IF OTHER THAN THE APPLICANT; 21

22 (7) AN AFFIRMATION UNDER OATH AS TO WHETHER THE APPLICANT 23

OR OPERATOR HAS HAD A BUSINESS LICENSE REVOKED OR SUSPENDED, AND 24 IF REVOKED OR SUSPENDED, THEN THE REASON THEREFORE; 25

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(8) FOR THE APPLICANT OR FOR EACH STAKEHOLDER OF THE 27

APPLICANT, A RESUME THAT INCLUDES WHETHER THE INDIVIDUAL HAS ANY 28 RELEVANT EXPERIENCE WITH MEDICAL MARIHUANA OR A RELATED 29 INDUSTRY; 30

31 (9) A PATIENT EDUCATION PLAN TO DETAIL TO PATIENTS THE 32

BENEFITS OR DRAWBACKS OF CERTAIN MARIHUANA STRAINS OR PRODUCTS 33 IN CONNECTION WITH THE DEBILITATING MEDICAL CONDITIONS SET FORTH 34

IN THE MICHIGAN MEDICAL MARIHUANA ACT; 35 36 (10) A WRITTEN DESCRIPTION OF THE TRAINING AND EDUCATION THAT 37

THE APPLICANT WILL PROVIDE TO ALL EMPLOYEES; 38

39 (11) A COPY OF THE PROPOSED BUSINESS PLAN FOR THE 40

ESTABLISHMENT, INCLUDING, BUT NOT LIMITED TO, THE FOLLOWING: 41

42 (I) THE PROPOSED OWNERSHIP STRUCTURE OF THE 43

ESTABLISHMENT, INCLUDING PERCENTAGE OWNERSHIP OF 44 EACH PERSON OR ENTITY; AND 45

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(II) A CURRENT ORGANIZATION CHART THAT INCLUDES 1 POSITION DESCRIPTIONS AND THE NAMES OF EACH PERSON 2 HOLDING EACH POSITION. 3

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(12) ONE OF THE FOLLOWING: (A) PROOF OF OWNERSHIP OF THE ENTIRE 5 PREMISES WHEREIN THE MEDICAL MARIHUANA ESTABLISHMENT IS TO BE 6 OPERATED; OR (B) WRITTEN CONSENT FROM THE PROPERTY OWNER FOR USE 7 OF THE PREMISES IN A MANNER REQUIRING LICENSURE UNDER THIS 8 CHAPTER ALONG WITH A COPY OF THE LEASE FOR THE PREMISES; 9

10 (13) A DESCRIPTION OF THE SECURITY PLAN FOR THE MEDICAL 11

MARIHUANA ESTABLISHMENT, INCLUDING, BUT NOT LIMITED TO, ANY 12 LIGHTING ALARMS, BARRIERS, RECORDING/MONITORING DEVICES, AND/OR 13

SECURITY GUARD ARRANGEMENTS PROPOSED FOR THE ESTABLISHMENT 14 AND PREMISES. THE SECURITY MUST CONTAIN THE SPECIFICATION DETAILS 15

OF EACH PIECE OF SECURITY EQUIPMENT. EACH MEDICAL MARIHUANA 16 ESTABLISHMENT MUST HAVE A SECURITY GUARD PRESENT DURING 17 BUSINESS HOURS; 18

19 (14) A FLOOR PLAN OF THE MEDICAL MARIHUANA ESTABLISHMENT, AS 20

WELL AS A SCALE DIAGRAM ILLUSTRATING THE PROPERTY UPON WHICH 21

THE MEDICAL MARIHUANA ESTABLISHMENT IS TO BE OPERATED, INCLUDING 22 ALL AVAILABLE PARKING SPACES, AND SPECIFYING WHICH PARKING 23

SPACES, IF ANY, ARE HANDICAPPED-ACCESSIBLE; 24 25 (15) ANY PROPOSED TEXT OR GRAPHICAL MATERIALS TO BE SHOWN ON 26

THE EXTERIOR OF THE PROPOSED MEDICAL MARIHUANA ESTABLISHMENT; 27

28 (16) A LOCATION AREA MAP OF THE MEDICAL MARIHUANA 29

ESTABLISHMENT AND SURROUNDING AREA THAT IDENTIFIES THE RELATIVE 30

LOCATIONS AND THE DISTANCES (CLOSEST PROPERTY LINE TO THE SUBJECT 31 ESTABLISHMENT’S PROPERTY LINE) FROM THE SUBJECT MEDICAL 32

MARIHUANA ESTABLISHMENT TO THE CLOSEST REAL PROPERTY OF AN 33 OPERATIONAL PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL, 34

CHURCH, PARK, A FACILITY AT WHICH SUBSTANCE ABUSE PREVENTION 35 SERVICES OR SUBSTANCE ABUSE TREATMENT AND REHABILITATION 36 SERVICES, AS THOSE TERMS ARE DEFINED IN PART 61 OF PA 368 OF 1978, MCL 37 333.6101 ET SEQ., ANOTHER LICENSED MEDICAL MARIHUANA 38

ESTABLISHMENT OR A COMMERCIAL CHILD CARE ORGANIZATION (NON-39 HOME OCCUPATION) THAT IS REQUIRED TO BE LICENSED OR REGISTERED 40 WITH THE MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES; 41

42 (17) A FACILITY SANITATION PLAN TO PROTECT AGAINST ANY 43

MARIHUANA BEING INGESTED BY ANY PERSON OR ANIMAL, INDICATING 44 HOW THE WASTE WILL BE STORED AND DISPOSED OF, AND HOW ANY 45 MARIHUANA WILL BE RENDERED UNUSABLE UPON DISPOSAL. DISPOSAL BY 46

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ON-SITE BURNING OR INTRODUCTION IN THE SEWERAGE SYSTEM IS 1 PROHIBITED; 2

3 (18) A PROPOSED PATIENT RECORDKEEPING PLAN THAT WILL TRACK 4

QUANTITIES SOLD TO INDIVIDUAL PATIENTS AND CAREGIVERS, AND WILL 5 MONITOR INVENTORY; 6

7 (19) A DESCRIPTION OF PROCEDURES FOR TESTING OF CONTAMINANTS, 8

INCLUDING MOLD AND PESTICIDES; 9

10 (20) AN AFFIDAVIT THAT NEITHER THE APPLICANT NOR ANY 11

STAKEHOLDER OF THE APPLICANT IS IN DEFAULT TO THE CITY. 12 SPECIFICALLY, THAT THE APPLICANT OR STAKEHOLDER OF THE APPLICANT 13

HAS NOT FAILED TO PAY ANY PROPERTY TAXES, SPECIAL ASSESSMENTS, 14 FINES, FEE OR OTHER FINANCIAL OBLIGATIONS TO THE CITY; 15

16 (21) VERIFICATION, WITH COPIES OF ACTUAL BANK STATEMENTS, 17

SHOWING THAT THE APPLICANT HAS LIQUID FUNDS IN THE APPLICANT’S 18

NAME IN THE AMOUNT NEEDED TO COMPLETE THE MEDICAL MARIHUANA 19 ESTABLISHMENT, BUT IN NO EVENT LESS THAN TWENTY-FIVE ($25,000) 20 THOUSAND DOLLARS IN IMMEDIATELY AVAILABLE FUNDS; 21

22 (22) AN ESTIMATE OF THE NUMBER AND TYPE OF JOBS THAT THE 23

MEDICAL MARIHUANA ESTABLISHMENT IS EXPECTED TO CREATE, THE 24 AMOUNT AND TYPE OF COMPENSATION EXPECTED TO BE PAID FOR SUCH 25 JOBS, AND THE PROJECTED ANNUAL BUDGET AND REVENUE OF THE 26

MEDICAL MARIHUANA ESTABLISHMENT; AND 27

28 (23) AS IT RELATES TO A MEDICAL MARIHUANA GROWER FACILITY, THE 29

FOLLOWING ADDITIONAL ITEMS SHALL BE REQUIRED: 30

31 (I) A CULTIVATION PLAN THAT INCLUDES AT A MINIMUM A 32

DESCRIPTION OF THE CULTIVATION METHODS TO BE USED, INCLUDING 33 PLANS FOR THE GROWING MEDIUMS, TREATMENTS, AND / OR ADDITIVES; 34

35 (II) A PRODUCTION TESTING PLAN THAT INCLUDES AT A MINIMUM A 36

DESCRIPTION OF HOW AND WHEN SAMPLES FOR LABORATORY TESTING 37 BY AN INTERNATIONAL ORGANIZATION FOR STANDARDIZATION 38

ACCREDITED TESTING FACILITY WILL BE SELECTED, WHAT TYPE OF 39 TESTING WILL BE REQUESTED, AND HOW THE TEST RESULTS WILL BE 40 USED; 41

42 (III) AN AFFIDAVIT THAT ALL OPERATIONS WILL BE CONDUCTED IN 43

CONFORMANCE WITH THE MMMA OR OTHER APPLICABLE STATE LAW; 44 45

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(IV) A CHEMICAL AND PESTICIDE STORAGE PLAN THAT STATES THE 1 NAMES OF THE PESTICIDES TO BE USED IN CULTIVATION AND WHERE AND 2 HOW PESTICIDES AND CHEMICALS WILL BE STORED IN THE 3 ESTABLISHMENT, ALONG WITH A PLAN FOR THE DISPOSAL OF UNUSED 4

PESTICIDES; 5 6 (V) ALL CULTIVATION MUST BE PERFORMED IN A BUILDING. 7 8

(24) PROOF OF AN INSURANCE POLICY COVERING THE ESTABLISHMENT 9

AND NAMING THE CITY AS AN ADDITIONAL INSURED PARTY, AVAILABLE 10 FOR THE PAYMENT OF ANY DAMAGES ARISING OUT OF AN ACT OR 11 OMISSION OF THE APPLICANT OR ITS STAKEHOLDERS, AGENTS, 12 EMPLOYEES, OR SUBCONTRACTORS, IN THE AMOUNT OF (A) AT LEAST 13

ONE MILLION DOLLARS FOR PROPERTY DAMAGE; (B) AT LEAST ONE 14 MILLION DOLLARS FOR INURY TO ONE PERSON; AND (C) AT LEAST TWO 15

MILLION DOLLARS FOR INJURY TO TWO OR MORE PERSON RESULTING 16 FROM THE SAME OCCURRENCE. THE INSURANCE POLICY UNDERWRITER 17 MUST HAVE A MINIMUM A.M. BEST COMPANY INSURANCE RANKING OF 18

B+, CONSISTENT WITH STATE LAW. 19 20 (25) ANY OTHER INFORMATION DEEMED NECESSARY BY THE CITY. 21

22 23

24 (C) ALL APPLICATIONS SHALL BE ACCOMPANIED BY A LICENSE 25

APPLICATION FEE IN AN AMOUNT ESTABLISHED BY CITY COUNCIL RESOLUTION. 26

SHOULD THE APPLICANT NOT RECEIVE A LICENSE, ONE-HALF OF THE 27

APPLICATION FEE SHALL BE RETURNED. IF AN APPLICATION IS APPROVED AND 28 A LICENSE ISSUED, THE FIRST ANNUAL FEE SHALL BE IN AN AMOUNT 29 ESTABLISHED BY CITY COUNCIL RESOLUTION. THE APPLICATION FEE AND THE 30

ANNUAL FEE ARE ESTABLISHED TO DEFRAY THE COSTS OF ADMINISTRATION OF 31 THIS CHAPTER. 32

33 34

(D) UPON RECEIPT OF A COMPLETED APPLICATION MEETING THE 35 REQUIREMENTS OF THIS SECTION AND APPROPRIATE NONREFUNDABLE LICENSE 36 APPLICATION FEE, THE CITY CLERK SHALL REFER A COPY OF THE APPLICATION 37 TO EACH OF THE FOLLOWING FOR THEIR APPROVAL: THE FIRE DEPARTMENT, 38

THE BUILDING SAFETY OFFICE, THE POLICE DEPARTMENT, THE ZONING 39 ADMINISTRATOR, AND THE CITY TREASURER. 40

41

(E) NO APPLICATION SHALL BE SUBMITTED TO THE MEDICAL 42 MARIHUANA COMMISSION UNLESS: 43

44 (1) THE FIRE DEPARTMENT AND THE BUILDING SAFETY OFFICE HAVE 45 INSPECTED THE PROPOSED LOCATION FOR COMPLIANCE WITH ALL LAWS 46

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FOR WHICH THEY ARE CHARGED WITH ENFORCEMENT AND FOR 1 COMPLIANCE WITH THE REQUIREMENTS OF THIS CHAPTER; 2 3 (2) THE ZONING ADMINISTRATOR HAS CONFIRMED THAT THE 4

PROPOSED LOCATION COMPLIES WITH THE ZONING CODE; 5 6 (3) THE CITY TREASURER HAS CONFIRMED THAT THE APPLICANT AND 7 EACH STAKEHOLDER OF THE APPLICANT ARE NOT IN DEFAULT TO THE 8 CITY; 9

10 (4) THE POLICE DEPARTMENT HAS DETERMINED THAT THE APPLICANT 11 HAS MET THE REQUIREMENTS OF THIS CHAPTER WITH RESPECT TO THE 12 BACKGROUND CHECK AND SECURITY PLAN. 13

14 (F) IF WRITTEN APPROVAL IS GIVEN BY EACH INDIVIDUAL OR DEPARTMENT 15

IDENTIFIED IN SUBSECTION (E), THE CITY CLERK SHALL REFER A COPY OF THE 16 APPLICATION TO THE COMMISSION FOR ITS CONSIDERATION. 17

18 1300.6-LICENSE APPLICATION EVALUATION. 19

20 (A) EXCEPT AS PROVIDED IN SECTION 1300.8 (A), THE COMMISSION WILL 21

ASSESS ALL APPLICATIONS REFERRED TO IT BY THE CITY CLERK PURSUANT 22 TO SECTION 1300.5. 23

24 (B) IN ITS APPLICATION DELIBERATIONS, THE COMMISSION SHALL ASSESS 25 EACH APPLICATION IN EACH OF THE FOLLOWING CATEGORIES: 26

27 (1) WHETHER THE REPORTS ISSUED BY THE FIRE, POLICE, BUILDING 28

SAFETY, ZONING AND TREASURY DEPARTMENTS INDICATE THAT 29 THE APPLICANT OR ITS STAKEHOLDERS OR EMPLOYEES HAVE 30

SATISFIED THE REQUIREMENTS OF 1300.5 (E) (1-4) AND SUFFICIENTLY 31 ADDRESSED THE CONSIDERATIONS OF 1300.5 (B) (1-24). 32

33 (2) WHETHER THE PROPOSED ESTABLISHMENT WILL NEGATIVELY 34

IMPACT THE CHARACTER AND AESTHETICS OF THE SURROUNDING 35 NEIGHBORHOOD AND COMMUNITY, INCLUDING WHETHER THE 36 APPLICANT OR ITS STAKEHOLDERS HAVE ENGAGED IN POSITIVE 37 COMMUNITY OUTREACH ON BEHALF OF THE PROPOSED 38

ESTABLISHMENT, AND WHETHER THE APPLICANT OR ITS 39 STAKEHOLDERS HAVE MADE SIGNIFICANT IMPROVEMENTS TO THE 40 BUILDING OR NEIGHBORHOOD WHERE THE PROPOSED 41

ESTABLISHMENT IS TO BE LOCATED; 42 43

(3) WHETHER THE APPLICANT AND ITS STAKEHOLDERS ARE PERSONS 44 OF GOOD CHARACTER, HONESTY, AND INTEGRITY WHO DO NOT 45 DISCREDIT OR TEND TO DISCREDIT PUBLIC CONFIDENCE AND TRUST 46

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IN THE MEDICAL MARIHUANA INDUSTRY, OR POSE A THREAT TO 1 THE PUBLIC HEALTH, SECURITY, SAFETY, MORALS, GOOD ORDER, OR 2 GENERAL WELFARE. 3

4

(C) IF THE COMMISSION ISSUES A CERTIFICATE OF APPROVAL TO AN 5 APPLICANT, THE CITY CLERK SHALL ISSUE AN INITIAL LICENSE TO 6 THAT APPLICANT WITHIN TEN (10) BUSINESS DAYS. 7

8 (D) NOTHING IN THIS SECTION IS INTENDED TO CONFER A PROPERTY OR 9

OTHER RIGHT, DUTY, PRIVILEGE OR INTEREST ENTITLING AN 10 APPLICANT TO AN ADMINISTRATIVE HEARING UPON DENIAL OF AN 11 APPLICATION OR WITH REGARD TO ANY SCORING DECISION. 12

13 14

1300.7 – LICENSE RENEWAL APPLICATION. 15 16 (A) APPLICATION FOR A LICENSE RENEWAL REQUIRED BY THIS 17

CHAPTER SHALL BE MADE IN WRITING TO THE CITY CLERK AT LEAST THIRTY 18

(30) DAYS PRIOR TO THE EXPIRATION OF AN EXISTING LICENSE. 19 20 (B) AN APPLICATION FOR A LICENSE RENEWAL REQUIRED BY THIS 21

CHAPTER SHALL BE MADE UNDER OATH ON A FORM PROVIDED BY THE CITY, 22 AND SHALL CONTAIN ALL OF THE INFORMATION REQUIRED BY 1300.5(b). 23

24 (C) AN APPLICATION SHALL BE ACCOMPANIED BY A RENEWAL FEE IN 25

AN AMOUNT ESTABLISHED BY CITY COUNCIL RESOLUTION, OF WHICH HALF 26

WILL BE RETURNED SHOULD THE LICENSE NOT BE RENEWED. THE RENEWAL 27

FEE IS ESTABLISHED TO DEFRAY THE COSTS OF THE ADMINISTRATION OF THIS 28 CHAPTER. 29

30

(D) UPON RECEIPT OF A COMPLETED APPLICATION MEETING THE 31 REQUIREMENTS OF THIS CHAPTER AND THE LICENSE RENEWAL FEE, THE CITY 32

CLERK SHALL REFER A COPY OF THE RENEWAL APPLICATION TO EACH OF THE 33 FOLLOWING FOR THEIR APPROVAL: THE FIRE DEPARTMENT, THE BUILDING 34

SAFETY OFFICE, THE LANSING POLICE DEPARTMENT, THE ZONING 35 ADMINISTRATOR, THE CITY TREASURER, AND THE MEDICAL MARIHUANA 36 COMMISSION. 37

38

(E) NO RENEWAL APPLICATION SHALL BE APPROVED UNLESS: 39 40 (1) THE FIRE DEPARTMENT AND THE BUILDING SAFETY OFFICE HAVE 41

INSPECTED THE PROPOSED LOCATION FOR COMPLIANCE WITH ALL 42 LAWS FOR WHICH THEY ARE CHARGED WITH ENFORCEMENT WITHIN 43 THE PAST CALENDAR YEAR; 44

45

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(2) THE ZONING ADMINISTRATOR HAS CONFIRMED THAT THE PROPOSED 1 LOCATION CURRENTLY COMPLIES WITH THE ZONING CODE AND THIS 2 CHAPTER; 3

4

(3) THE CITY TREASURER HAS CONFIRMED THAT THE APPLICANT AND 5 EACH STAKEHOLDER OF THE APPLICANT ARE NOT CURRENTLY IN 6 DEFAULT TO THE CITY; 7

8 (4) THE POLICE DEPARTMENT HAS REVIEWED THE APPLICATION AND 9

DETERMINED THAT THE APPLICANT HAS SATISFIED THE 10 REQUIREMENTS OF THIS CHAPTER WITH RESPECT TO THE 11 BACKGROUND CHECK AND SECURITY PLAN; 12

13

(5) THE MEDICAL MARIHUANA COMMISSION HAS REVIEWED THE 14 APPLICATION FOR COMPLIANCE WITH 1300.6 (B)(1-3). 15

16 (F) IF WRITTEN APPROVAL IS GIVEN BY EACH INDIVIDUAL OR DEPARTMENT 17

IDENTIFIED IN SUBSECTION (E), THE CITY CLERK SHALL ISSUE A LICENSE 18

RENEWAL TO THE APPLICANT. IF NO RENEWAL LICENSE IS ISSUED, HALF OF THE 19 RENEWAL FEE SHALL BE RETURNED. THE RENEWAL SHALL BE DEEMED 20 APPROVED IF THE CITY HAS NOT ISSUED FORMAL NOTICE OF APPROVAL WITHIN 21

60 DAYS OF THE APPLICATION BEING FILED. 22 23

1300.8 – LICENSES GENERALLY. 24 25

(A) TO THE EXTENT PERMISSIBLE, ALL INFORMATION SUBMITTED IN 26

CONJUNCTION WITH AN APPLICATION FOR A LICENSE OR LICENSE RENEWAL 27

REQUIRED BY THIS CHAPTER IS CONFIDENTIAL AND EXEMPT FROM 28 DISCLOSURE UNDER THE MICHIGAN FREEDOM OF INFORMATION ACT, 1976 29 PA 442, MCL 15.231 ET SEQ. FURTHERMORE, NO PERSONAL INFORMATION 30

CONCERNING THE APPLICANT SHALL BE SUBMITTED TO THE MEDICAL 31 MARIHUANA COMMISSION. 32

33 (B) LICENSEES MAY TRANSFER A LICENSE ISSUED UNDER THIS CHAPTER TO A 34

DIFFERENT LOCATION UPON RECEIVING WRITTEN APPROVAL FROM THE CITY 35 CLERK. IN ORDER TO REQUEST APPROVAL TO TRANSFER A LICENSE LOCATION, 36 THE LICENSEE MUST MAKE A WRITTEN REQUEST TO THE CITY CLERK, 37 INDICATING THE CURRENT LICENSE LOCATION AND THE PROPOSED LICENSE 38

LOCATION. UPON RECEIVING THE WRITTEN REQUEST, THE CITY CLERK SHALL 39 REFER A COPY OF THE WRITTEN REQUEST TO EACH OF THE FOLLOWING FOR 40 THEIR APPROVAL: THE FIRE DEPARTMENT, THE BUILDING SAFETY OFFICE, THE 41

POLICE DEPARTMENT, THE ZONING ADMINISTRATOR, THE CITY TREASURER, 42 AND THE MEDICAL MARIHUANA COMMISSION. NO LICENSE TRANSFER SHALL 43 BE APPROVED UNLESS EACH SUCH INDIVIDUAL OR DEPARTMENT GIVES 44 WRITTEN APPROVAL THAT THE LICENSEE AND THE PROPOSED LICENSE 45 LOCATION MEET THE STANDARDS IDENTIFIED IN 1300.5(E) AND THE MEDICAL 46

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MARIHUANA COMMISSION HAS DETERMINED THAT THE PROPOSED LOCATION 1 MEETS THE REQUIREMENTS OF 1300.6 (B)(2). 2 3 (C) LICENSEES MAY TRANSFER A LICENSE ISSUED UNDER THIS CHAPTER TO A 4

DIFFERENT INDIVIDUAL OR ENTITY UPON RECEIVING WRITTEN APPROVAL BY 5 THE CITY CLERK. IN ORDER TO REQUEST APPROVAL TO TRANSFER A LICENSE TO 6 A DIFFERENT INDIVIDUAL OR ENTITY, THE LICENSEE MUST MAKE A WRITTEN 7 REQUEST TO THE CITY CLERK, INDICATING THE CURRENT LICENSEE AND THE 8 PROPOSED LICENSEE. UPON RECEIVING THE WRITTEN REQUEST, THE CITY 9

CLERK SHALL CONSIDER THE REQUEST AS A NEW APPLICATION FOR A LICENSE 10 AND THE PROCEDURES SET FORTH IN 1300.5 AND 1300.6 SHALL BE FOLLOWED. 11

12 (D) LICENSEES SHALL REPORT ANY OTHER CHANGE IN THE INFORMATION 13

REQUIRED BY THIS CHAPTER TO THE CITY CLERK WITHIN TEN (10) BUSINESS 14 DAYS OF THE CHANGE. FAILURE TO DO SO MAY RESULT IN SUSPENSION OR 15

REVOCATION OF THE LICENSE. 16 17

1300.9 - MINIMUM OPERATIONAL STANDARDS OF A MEDICAL MARIHUANA 18 PROVISIONING CENTER. 19 20

(A) EVERY MEDICAL MARIHUANA PROVISIONING CENTER MUST BE LOCATED 21

IN A BUILDING. 22 23

(B) NO MEDICAL MARIHUANA PROVISIONING CENTER SHALL BE OPEN 24 BETWEEN THE HOURS OF 10 P.M. AND 9 A.M.; 25

26

(C) CONSUMPTION OF MARIHUANA SHALL BE PROHIBITED ON THE PREMISES 27

OF A MEDICAL MARIHUANA PROVISIONING CENTER EXCEPT AS PERMITTED BY 28 LANSING CITY CHARTER SECTION 8-501 AND STATE LAW; 29

30

(D) A MEDICAL MARIHUANA PROVISIONING CENTER SHALL CONTINUOUSLY 31 MONITOR THE ENTIRE PREMISES ON WHICH THEY ARE OPERATED WITH 32

SURVEILLANCE SYSTEMS THAT INCLUDE SECURITY CAMERAS. THE VIDEO 33 RECORDINGS SHALL BE MAINTAINED IN A SECURE, OFF-SITE LOCATION FOR A 34

PERIOD OF 14 DAYS; 35 36 (E) UNLESS PERMITTED BY THE MMMA, PUBLIC OR COMMON AREAS OF THE 37

MEDICAL MARIHUANA PROVISIONING CENTER MUST BE SEPARATED FROM 38

RESTRICTED OR NON-PUBLIC AREAS OF THE PROVISIONING CENTER BY A 39 PERMANENT BARRIER. UNLESS PERMITTED BY THE MMMA, NO MEDICAL 40 MARIHUANA IS PERMITTED TO BE STORED, DISPLAYED, OR TRANSFERRED IN AN 41

AREA ACCESSIBLE TO THE GENERAL PUBLIC; 42 43 (F) ALL MEDICAL MARIHUANA STORAGE AREAS WITHIN MEDICAL 44

MARIHUANA PROVISIONING CENTER MUST BE SEPARATED FROM ANY 45 CUSTOMER/PATIENT AREAS BY A PERMANENT BARRIER. UNLESS PERMITTED BY 46

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THE MMMA, NO MEDICAL MARIHUANA IS PERMITTED TO BE STORED IN AN 1 AREA ACCESSIBLE BY THE GENERAL PUBLIC OR REGISTERED 2 CUSTOMERS/PATIENTS. MEDICAL MARIHUANA MAY BE DISPLAYED IN A SALES 3 AREA ONLY IF PERMITTED BY THE MMMA; 4

5 (G) ANY USABLE MEDICAL MARIHUANA REMAINING ON THE PREMISES OF A 6

MEDICAL MARIHUANA PROVISIONING CENTER WHILE THE MEDICAL 7 MARIHUANA PROVISIONING CENTER IS NOT IN OPERATION SHALL BE SECURED 8 IN A SAFE PERMANENTLY AFFIXED TO THE PREMISES; 9

10 (H) DRIVE-THROUGH WINDOW ON THE PREMISES OF A MEDICAL MARIHUANA 11

PROVISIONING CENTER SHALL NOT BE PERMITTED; 12 13

(I) NO MEDICAL MARIHUANA PROVISIONING CENTER SHALL BE OPERATED IN 14 A MANNER CREATING NOISE, DUST, VIBRATION, GLARE, FUMES, OR ODORS 15

DETECTABLE TO NORMAL SENSES BEYOND THE BOUNDARIES OF THE PROPERTY 16 ON WHICH THE MEDICAL MARIHUANA PROVISIONING CENTER IS OPERATED; 17

18

(J) THE LICENSE REQUIRED BY THIS CHAPTER SHALL BE PROMINENTLY 19 DISPLAYED ON THE PREMISES OF A MEDICAL MARIHUANA PROVISIONING 20 CENTER; 21

22 (K) DISPOSAL OF MEDICAL MARIHUANA SHALL BE ACCOMPLISHED IN A 23

MANNER THAT PREVENTS ITS ACQUISITION BY ANY PERSON WHO MAY NOT 24 LAWFULLY POSSESS IT AND OTHERWISE IN CONFORMANCE WITH STATE LAW; 25

26

(L) ALL MEDICAL MARIHUANA DELIVERED TO A PATIENT SHALL BE 27

PACKAGED AND LABELED AS PROVIDED BY STATE LAW AND THIS CHAPTER. 28 THE LABEL SHALL INCLUDE: 29

30

(1) A UNIQUE ALPHANUMERIC IDENTIFIER FOR THE PERSON TO WHOM IT 31 IS BEING DELIVERED; 32

(2) A UNIQUE ALPHA NUMERIC IDENTIFIER FOR THE CULTIVATION 33 SOURCE OF THE MARIHUANA; 34

(3) THAT THE PACKAGE CONTAINS MARIHUANA; 35 (4) THE DATE OF DELIVERY, WEIGHT, TYPE OF MARIHUANA AND DOLLAR 36

AMOUNT OR OTHER CONSIDERATION BEING EXCHANGED IN THE 37 TRANSACTION; 38

(5) A CERTIFICATION THAT ALL MARIHUANA IN ANY FORM CONTAINED IN 39 THE PACKAGE WAS CULTIVATED, MANUFACTURED, AND PACKAGED IN 40 THE STATE OF MICHIGAN; 41

(6) THE WARNING THAT; “THIS PRODUCT IS MANUFACTURED WITHOUT 42 ANY REGULARTORY OVERSIGHT FOR HEALTH, SAFETY OR EFFICACY. 43 THERE MAY BE HEALTH RISKS ASSOCIATED WITH THE INGESTION OR 44 USE OF THIS PRODUCT. USING THIS PRODUCT MAY CAUSE 45 DROWSINESS. DO NOT DRIVE OR OPERATE HEAVY MACHINERY WHILE 46

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USING THIS PRODUCT. KEEP THIS PRODUCT OUT OF REACH OF 1 CHILDREN. THIS PRODUCT MAY NOT BE USED IN ANY WAY THAT DOES 2 NOT COMPLY WITH STATE LAW OR BY PERSON WHO DOES NOT 3 POSSESS A VALID MEDICAL MARIHUANA PATIENT REGISTRY CARD.” 4

(7) THE NAME, ADDRESS, EMAIL ADDRESS, AND TELEPHONE NUMBER OF 5 AN AUTHORIZED REPRESENTATIVE OF THE DISPENSARY WHOM A 6 PATIENT CAN CONTACT WITH ANY QUESTIONS REGARDING THE 7 PRODUCT. 8

. 9

10 (M) LICENSEE SHALL REQUIRE ALL REGISTERED PATIENTS PRESENT BOTH 11

THEIR MICHIGAN MEDICAL MARIHUANA PATIENT/CAREGIVER ID CARD AND 12 STATE IDENTIFICATION PRIOR TO ENTERING RESTRICTED/LIMITED AREAS OR 13

NON-PUBLIC AREAS OF THE MEDICAL MARIHUANA PROVISIONING CENTER, AND 14 IF NO RESTRICTED/LIMITED AREA IS REQUIRED, THEN PROMPTLY UPON 15

ENTERING THE MEDICAL MARIHUANA PROVISIONING CENTER. 16 17 (N) THE PREMISES SHALL BE OPEN FOR INSPECTION DURING THE STATED 18

HOURS OF OPERATION AND AS SUCH OTHER TIMES AS ANYONE IS PRESENT ON 19 THE PREMISES. 20

21

(O) IT SHALL BE PROHIBITED TO DISPLAY ANY SIGNS THAT ARE 22 INCONSISTENT WITH LOCAL LAWS OR REGULATIONS OR STATE LAW. 23

24 (P) IT SHALL BE PROHIBITED TO USE ADVERTISING MATERIAL THAT IS 25

MISLEADING, DECEPTIVE, OR FALSE, OR THAT IS DESIGNED TO APPEAL TO 26

MINORS. 27

28 (Q) IT SHALL BE PROHIBITED TO USE THE SYMBOL OR IMAGE OF A 29

MARIHUANA LEAF IN ANY EXTERIOR BUILDING SIGNAGE. 30

31 (R) NO LICENSED MEDICAL MARIHUANA PROVISIONING CENTER SHALL 32

PLACE OR MAINTAIN, OR CAUSE TO BE PLACED OR MAINTAINED, AN 33 ADVERTISEMENT OF MEDICAL MARIHUANA IN ANY FORM OR THROUGH ANY 34

MEDIUM: 35 36

(1) WITHIN ONE THOUSAND (1,000) FEET MEASURED PROPERTY LINE TO 37 PROPERTY LINE OF THE REAL PROPERTY LINE COMPRISING AN OPERATIONAL 38

PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY SCHOOL; A COMMERCIAL 39 CHILD CARE ORGANIZATION (NON-HOME OCCUPATION) THAT IS REQUIRED 40 TO BE LICENSED OR REGISTERED WITH THE MICHIGAN DEPARTMENT OF 41

HEALTH AND HUMAN SERVICES, OR ITS SUCCESSOR AGENCY, UNDER THE 42 CHILD CARE ORGANIZATIONS ACT, 1973 PA 116, MCL 722.11 ET SEQ; OR 43

44 (2) WITHIN FIVE HUNDRED (500) FEET, MEASURED PROPERTY LINE TO 45

PROPERTY LINE, OF A FACILITY AT WHICH SUBSTANCE ABUSE PREVENTION 46

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SERVICES OR SUBSTANCE ABUSE TREATMENT AND REHABILITATION 1 SERVICES, AS THOSE TERMS ARE DEFINED IN PART 61 OF PA 368 OF 1978, MCL 2 333.6101 ET SEQ., ARE OFFERED; A CHURCH OR OTHER STRUCTURE IN WHICH 3 RELIGIOUS SERVICES ARE CONDUCTED; OR ANOTHER MEDICAL MARIHUANA 4

ESTABLISHMENT. 5 6 (S) CERTIFIED LABORATORY TESTING RESULTS THAT DISPLAY AT A 7

MINIMUM THE TETRAHYDROCANNABINOL (THC), CANNABIDIOL (CBD), TOTAL 8 CANNABINOID TESTING RESULTS, AND A PASS/FAIL RATING BASED ON THE 9

CERTIFIED LABORATORY’S STATE-REQUIRED TESTING MUST BE AVAILABLE TO 10 ALL MEDICAL MARIHUANA PROVISIONING CENTER PATIENTS/CUSTOMERS UPON 11 REQUEST AND PROMINENTLY DISPLAYED. 12

13

1300.10 - MINIMUM OPERATIONAL STANDARDS OF A MEDICAL MARIHUANA 14 GROWER FACILITY. 15

16 (A) THE FOLLOWING MINIMUM STANDARDS FOR MEDICAL MARIHUANA 17

GROWER FACILITIES SHALL APPLY: 18

19 (1) THE MEDICAL MARIHUANA GROWER FACILITY SHALL COMPLY AT ALL 20

TIMES AND IN ALL CIRCUMSTANCES WITH THE MICHIGAN MEDICAL 21

MARIHUANA ACT AND THE GENERAL RULES OF THE DEPARTMENT OF 22 LICENSING AND REGULATORY AFFAIRS, AS THEY MAY BE AMENDED FROM 23

TIME TO TIME; 24 25 (2) EXCEPT AS PROVIDED BY STATE LAW AND LANSING CITY CHARTER 26

CONSUMPTION AND/OR USE OF MEDICAL MARIHUANA SHALL BE PROHIBITED 27

AT THE CULTIVATION FACILITY; 28 29 (3) ALL ACTIVITY RELATED TO THE CULTIVATION FACILITY SHALL BE 30

DONE IN A BUILDING; 31 32

(4) THE PREMISES SHALL BE OPEN FOR INSPECTION DURING THE STATED 33 HOURS OF OPERATION AND AS SUCH OTHER TIMES AS ANYONE IS PRESENT 34

ON THE PREMISES; 35 36 (5) ANY MEDICAL MARIHUANA GROWER FACILITY SHALL MAINTAIN A 37

LOG BOOK AND/OR DATABASE IDENTIFYING BY DATE THE AMOUNT OF 38

MEDICAL MARIHUANA AND THE NUMBER OF MEDICAL MARIHUANA PLANTS 39 ON THE PREMISES WHICH SHALL NOT EXCEED THE AMOUNT PERMITTED 40 UNDER THE GROWER LICENSE ISSUED BY THE STATE OF MICHIGAN. THIS LOG 41

SHALL BE AVAILABLE TO LAW ENFORCEMENT PERSONNEL TO CONFIRM 42 THAT THE MEDICAL MARIHUANA GROWER DOES NOT HAVE MORE MEDICAL 43 MARIHUANA THAN AUTHORIZED AT THE LOCATION AND SHALL NOT BE 44 USED TO DISCLOSE MORE INFORMATION THAN IS REASONABLY NECESSARY 45

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TO VERIFY THE LAWFUL AMOUNT OF MEDICAL MARIHUANA AT THE 1 FACILITY; 2

3 (6) ALL MEDICAL MARIHUANA SHALL BE CONTAINED WITHIN THE 4

BUILDING IN A LOCKED FACILITY IN ACCORDANCE WITH THE MICHIGAN 5 MEDICAL MARIHUANA ACT, AS AMENDED; 6

7 (7) ALL NECESSARY BUILDING, ELECTRICAL PLUMBING AND MECHANICAL 8

PERMITS SHALL BE OBTAINED FOR ANY PORTION OF THE STRUCTURE IN 9

WHICH ELECTRICAL WIRING, LIGHTING AND/OR WATERING DEVICES THAT 10 SUPPORT THE CULTIVATION, GROWING OR HARVESTING OF MARIHUANA ARE 11 LOCATED; 12

13

(8) THAT PORTION OF THE STRUCTURE WHERE ANY CHEMICALS SUCH AS 14 HERBICIDES, PESTICIDES, AND FERTILIZERS ARE STORED SHALL BE SUBJECT 15

TO INSPECTION AND APPROVAL BY THE LANSING FIRE DEPARTMENT TO 16 INSURE COMPLIANCE WITH THE MICHIGAN FIRE PROTECTION CODE; 17

18

(9) THE DISPENSING OF MEDICAL MARIHUANA AT THE MEDICAL 19 MARIHUANA GROWER FACILITY SHALL BE PROHIBITED; 20

21

(10) THERE SHALL BE NO OTHER ACCESSORY USES PERMITTED WITHIN 22 THE SAME FACILITY OTHER THAN THOSE ASSOCIATED WITH CULTIVATING, 23

PROCESSING, OR TESTING MEDICAL MARIHUANA. MULTI-TENANT 24 COMMERCIAL BUILDINGS MAY PERMIT ACCESSORY USES IN SUITES 25 SEGREGATED FROM MEDICAL MARIHUANA GROWER FACILITY; 26

27

(11) ALL PERSONS WORKING IN DIRECT CONTACT WITH MEDICAL 28 MARIHUANA SHALL CONFORM TO HYGIENIC PRACTICES WHILE ON DUTY, 29 INCLUDING BUT NOT LIMITED TO: 30

31 (I) MAINTAINING ADEQUATE PERSONAL CLEANLINESS; 32

33 (II) WASHING HANDS THOROUGHLY IN ADEQUATE HAND-WASHING 34

AREAS BEFORE STARTING WORK AND AT ANY OTHER TIME WHEN THE 35 HANDS MAY HAVE BECOME SOILED OR CONTAMINATED. 36

37 (III) REFRAINING FROM HAVING DIRECT CONTACT WITH MEDICAL 38

MARIHUANA IF THE PERSON HAS OR MAY HAVE AN ILLNESS, OPEN 39 LESION, INCLUDING BOILS, SORES OR INFECTED WOUNDS, OR ANY OTHER 40 ABNORMAL SOURCE OF MICROBIAL CONTAMINATION, UNTIL THE 41

CONDITION IS CORRECTED. 42 43

(12) LITTER AND WASTE SHALL BE PROPERLY REMOVED AND THE 44 OPERATING SYSTEMS FOR WASTE DISPOSAL ARE MAINTAINED IN AN 45

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ADEQUATE MANNER SO THAT THEY DO NOT CONSTITUTE A SOURCE OF 1 CONTAMINATION IN AREAS WHERE MEDICAL MARIHUANA IS EXPOSED; 2

3 (13) FLOORS, WALLS, AND CEILINGS SHALL BE CONSTRUCTED IN SUCH A 4

MANNER THAT THEY MAY BE ADEQUATELY CLEANED AND KEPT CLEAN AND 5 IN GOOD REPAIR; 6

7 (14) THERE SHALL BE ADEQUATE SCREENING OR OTHER PROTECTION 8

AGAINST THE ENTRY OF PESTS. RUBBISH SHALL BE DISPOSED OF SO AS TO 9

MINIMIZE THE DEVELOPMENT OF ODOR AND MINIMIZE THE POTENTIAL FOR 10 WASTE DEVELOPMENT AND MINIMIZE THE POTENTIAL FOR WASTE 11 BECOMING AN ATTRACTANT, HARBORAGE OR BREEDING PLACE FOR PESTS; 12

13

(15) ANY BUILDINGS, FIXTURES AND OTHER FACILITIES SHALL BE 14 MAINTAINED IN A SANITARY CONDITION; 15

16 (16) EACH CULTIVATION CENTER SHALL PROVIDE ITS OCCUPANTS WITH 17

ADEQUATE AND READILY ACCESSIBLE TOILET FACILITIES THAT ARE 18

MAINTAINED IN A SANITARY CONDITION AND GOOD REPAIR; 19 20 (17) MEDICAL MARIHUANA THAT CAN SUPPORT THE RAPID GROWTH OF 21

UNDESIRABLE MICROORGANISMS SHALL BE HELD IN A MANNER THAT 22 PREVENTS THE GROWTH OF THESE MICROORGANISMS; 23

24 (18) MEDICAL MARIHUANA GROWER FACILITIES SHALL BE FREE FROM 25

INFESTATION BY INSECTS, RODENTS, BIRDS, OR VERMIN OR ANY KIND; 26

27

(19) MEDICAL MARIHUANA GROWER FACILITIES SHALL PRODUCE NO 28 PRODUCTS OTHER THAN USEABLE MEDICAL MARIHUANA INTENDED FOR 29 HUMAN CONSUMPTION. 30

31 (B) EXTERIOR SIGNAGE OR ADVERTISING IDENTIFYING THE FACILITY AS A 32

MEDICAL MARIHUANA GROWER FACILITY SHALL BE PROHIBITED. 33 34

1300.11 - MINIMUM OPERATIONAL STANDARDS OF A MEDICAL MARIHUANA 35 SAFETY COMPLIANCE FACILITY. 36

37 (A) THE FOLLOWING MINIMUM STANDARDS FOR SAFETY COMPLIANCE 38

FACILITIES SHALL APPLY: 39 40

(1) THE SAFETY COMPLIANCE FACILITY SHALL COMPLY AT ALL TIMES 41

AND IN ALL CIRCUMSTANCES WITH THE MICHIGAN MEDICAL MARIHUANA 42 ACT AND THE GENERAL RULES OF THE DEPARTMENT OF LICENSING AND 43 REGULATORY AFFAIRS, AS THEY MAY BE AMENDED FROM TIME TO TIME; 44

45

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(2) EXCEPT AS PROVIDED BY STATE LAW AND SECTION 8-501 OF THE 1 LANSING CITY CHARTER CONSUMPTION AND/OR USE OF MEDICAL 2 MARIHUANA SHALL BE PROHIBITED AT THE FACILITY; 3

4

(3) THE PREMISES SHALL BE OPEN FOR INSPECTION DURING THE STATED 5 HOURS OF OPERATION AND AS SUCH OTHER TIMES AS ANYONE IS PRESENT 6 ON THE PREMISES; 7

8 (4) ANY SAFETY COMPLIANCE FACILITY SHALL MAINTAIN A LOG BOOK 9

AND/OR DATABASE IDENTIFYING BY DATE THE AMOUNT OF MEDICAL 10 MARIHUANA ON THE PREMISES AND FROM WHICH PARTICULAR SOURCE. 11 THE FACILITY SHALL MAINTAIN THE CONFIDENTIALITY OF QUALIFYING 12 PATIENTS IN COMPLIANCE WITH THE MICHIGAN MEDICAL MARIHUANA ACT, 13

AS AMENDED; 14 15

(5) ALL MEDICAL MARIHUANA SHALL BE CONTAINED WITHIN THE 16 BUILDING IN AN ENCLOSED, LOCKED FACILITY IN ACCORDANCE WITH THE 17 MICHIGAN MEDICAL MARIHUANA ACT, AS AMENDED; 18

19 (6) THERE SHALL BE NO OTHER ACCESSORY USES PERMITTED WITHIN THE 20

SAME FACILITY OTHER THAN THOSE ASSOCIATED WITH TESTING MEDICAL 21

MARIHUANA; 22 23

(7) ALL PERSONS WORKING IN DIRECT CONTACT WITH MEDICAL 24 MARIHUANA SHALL CONFORM TO HYGIENIC PRACTICES WHILE ON DUTY; 25

26

(8) LITTER AND WASTE SHALL BE PROPERLY REMOVED AND THE 27

OPERATING SYSTEMS FOR WASTE DISPOSAL ARE MAINTAINED IN AN 28 ADEQUATE MANNER SO THAT THEY DO NOT CONSTITUTE A SOURCE OF 29 CONTAMINATION IN AREAS WHERE MEDICAL MARIHUANA IS EXPOSED; 30

31 (9) FLOORS, WALLS AND CEILINGS SHALL BE CONSTRUCTED IN SUCH A 32

MANNER THAT THEY MAY ADEQUATELY CLEANED AND KEPT CLEAN AND IN 33 GOOD REPAIR; 34

35 (10) ANY BUILDINGS, FIXTURES AND OTHER FACILITIES SHALL BE 36

MAINTAINED IN A SANITARY CONDITION; 37 38

(11) MEDICAL MARIHUANA THAT CAN SUPPORT THE RAPID GROWTH OF 39 UNDESIRABLE MICROORGANISMS SHALL BE HELD IN A MANNER THAT 40 PREVENTS THE GROWTH OF THESE MICROORGANISMS; 41

42 (B) EXTERIOR SIGNAGE OR ADVERTISING IDENTIFYING THE FACILITY AS A 43

MEDICAL MARIHUANA SAFETY COMPLIANCE FACILITY SHALL BE PROHIBITED. 44 45

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1300.12 - MINIMUM OPERATIONAL STANDARDS OF A MEDICAL MARIHUANA 1 PROCESSOR FACILITY. 2

3 (A) THE FOLLOWING MINIMUM STANDARDS FOR PROCESSOR SHALL APPLY: 4

5 (1) THE PROCESSOR SHALL COMPLY AT ALL TIMES AND IN ALL 6

CIRCUMSTANCES WITH THE MICHIGAN MEDICAL MARIHUANA ACT AND THE 7 GENERAL RULES OF THE DEPARTMENT OF LICENSING AND REGULATORY 8 AFFAIRS, AS THEY MAY BE AMENDED FROM TIME TO TIME; 9

10 (2) EXCEPT AS PROVIDED BY STATE LAW AND SECTION 8-501 OF THE 11

LANSING CITY CHARTER, CONSUMPTION AND/OR USE OF MEDICAL 12 MARIHUANA SHALL BE PROHIBITED AT THE PROCESSOR FACILITY; 13

14 (3) ALL ACTIVITY RELATED TO THE PROCESSOR FACILITY SHALL BE 15

PERFORMED INDOORS; 16 17 (4) THE PREMISES SHALL BE OPEN FOR INSPECTION DURING THE STATED 18

HOURS OF OPERATION AND AS SUCH OTHER TIMES AS ANYONE IS PRESENT 19 ON THE PREMISES; 20

21

(5) ANY PROCESSOR FACILITY SHALL MAINTAIN A LOG BOOK AND/OR 22 DATABASE IDENTIFYING BY DATE THE AMOUNT OF MEDICAL MARIHUANA 23

ON THE PREMISES WHICH SHALL NOT EXCEED THE AMOUNT PERMITTED 24 UNDER THE PROCESSOR LICENSE ISSUED BY THE STATE OF MICHIGAN, TO 25 THE EXTENT A STATE PERMIT PROCESS EXISTS. THIS LOG SHALL BE 26

AVAILABLE TO LAW ENFORCEMENT PERSONNEL TO CONFIRM THAT THE 27

PROCESSOR DOES NOT HAVE MORE MEDICAL MARIHUANA THAN 28 AUTHORIZED AT THE LOCATION AND SHALL NOT BE USED TO DISCLOSE 29 MORE INFORMATION THAN IS REASONABLY NECESSARY TO VERIFY THE 30

LAWFUL AMOUNT OF MEDICAL MARIHUANA AT THE FACILITY; 31 32

(6) ALL MEDICAL MARIJUANA WILL BE TAGGED WITH UNIQUE 33 IDENTIFICATION. 34

35 (7) ALL MEDICAL MARIHUANA SHALL BE CONTAINED WITHIN THE 36

BUILDING IN A LOCKED FACILITY IN ACCORDANCE WITH THE MICHIGAN 37 MEDICAL MARIHUANA ACT, AS AMENDED; 38

39 (8) ALL NECESSARY BUILDING, ELECTRICAL PLUMBING AND MECHANICAL 40

PERMITS SHALL BE OBTAINED FOR ANY PORTION OF THE STRUCTURE IN 41

WHICH ELECTRICAL WIRING FOR DEVICES THAT SUPPORT THE PROCESSING 42 OF MARIHUANA ARE LOCATED; 43

44 (9) THAT PORTION OF THE STRUCTURE WHERE THE STORAGE OF ANY 45

CHEMICALS SHALL BE SUBJECT TO INSPECTION AND APPROVAL BY THE 46

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LANSING FIRE DEPARTMENT TO INSURE COMPLIANCE WITH THE MICHIGAN 1 FIRE PROTECTION CODE; 2

3 (10) THE DISPENSING OF MEDICAL MARIHUANA AT THE MEDICAL 4

MARIHUANA PROCESSOR FACILITY SHALL BE PROHIBITED EXCEPT AS 5 AUTHORIZED BY LANSING CITY CHARTER AND STATE LAW; 6

7 (11) THERE SHALL BE NO OTHER ACCESSORY USES PERMITTED WITHIN 8

THE SAME FACILITY OTHER THAN THOSE ASSOCIATED WITH PROCESSING. 9

MULTI-TENANT COMMERCIAL BUILDINGS MAY PERMIT ACCESSORY USES IN 10 SUITES SEGREGATED FROM THE PROCESSOR FACILITY; 11

12 (12) ALL PERSONS WORKING IN DIRECT CONTACT WITH MEDICAL 13

MARIHUANA SHALL CONFORM TO HYGIENIC PRACTICES WHILE ON DUTY, 14 INCLUDING BUT NOT LIMITED TO: 15

16 (I) MAINTAINING ADEQUATE PERSONAL CLEANLINESS; 17 18

(II) WASHING HANDS THOROUGHLY IN ADEQUATE HAND-WASHING 19 AREAS BEFORE STARTING WORK AND AT ANY OTHER TIME WHEN THE 20 HANDS MAY HAVE BECOME SOILED OR CONTAMINATED. 21

22 (III) REFRAINING FROM HAVING DIRECT CONTACT WITH MEDICAL 23

MARIHUANA IF THE PERSON HAS OR MAY HAVE AN ILLNESS, OPEN 24 LESION, INCLUDING BOILS, SORES OR INFECTED WOUNDS, OR ANY OTHER 25 ABNORMAL SOURCE OF MICROBIAL CONTAMINATION, UNTIL THE 26

CONDITION IS CORRECTED. 27

28 (13) LITTER AND WASTE SHALL BE PROPERLY REMOVED AND THE 29

OPERATING SYSTEMS FOR WASTE DISPOSAL ARE MAINTAINED IN AN 30

ADEQUATE MANNER SO THAT THEY DO NOT CONSTITUTE A SOURCE OF 31 CONTAMINATION IN AREAS WHERE MEDICAL MARIHUANA IS EXPOSED; 32

33 (14) FLOORS, WALLS, AND CEILINGS SHALL BE CONSTRUCTED IN SUCH A 34

MANNER THAT THEY MAY BE ADEQUATELY CLEANED AND KEPT CLEAN AND 35 IN GOOD REPAIR; 36

37 (15) THERE SHALL BE ADEQUATE SCREENING OR OTHER PROTECTION 38

AGAINST THE ENTRY OR PESTS. RUBBISH SHALL BE DISPOSED OF SO AS TO 39 MINIMIZE THE DEVELOPMENT OF ODOR AND MINIMIZE THE POTENTIAL FOR 40 THE WASTE DEVELOPMENT OF ODOR AND MINIMIZE THE POTENTIAL FOR 41

WASTE BECOMING AND ATTRACTANT, HARBORAGE OR BREEDING PLACES 42 FOR PESTS; 43

44 (16) ANY BUILDINGS, FIXTURES AND OTHER FACILITIES SHALL BE 45

MAINTAINED IN A SANITARY CONDITION; 46

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1 (17) EACH MEDICAL MARIHUANA PROCESSOR FACILITY SHALL PROVIDE 2

ITS OCCUPANTS WITH ADEQUATE AND READILY ACCESSIBLE TOILET 3 FACILITIES THAT ARE MAINTAINED IN A SANITARY CONDITION AND GOOD 4

REPAIR; 5 6 (18) MEDICAL MARIHUANA THAT CAN SUPPORT THE RAPID GROWTH OF 7

UNDESIRABLE MICROORGANISMS SHALL BE HELD IN A MANNER THAT 8 PREVENTS THE GROWTH OF THESE MICROORGANISMS; 9

10 (19) PROCESSOR FACILITIES SHALL BE FREE FROM INFESTATION BY 11

INSECTS, RODENTS, BIRDS, OR VERMIN OR ANY KIND; 12 13

(20) PROCESSOR FACILITIES SHALL PRODUCE NO PRODUCTS OTHER THAN 14 USEABLE MEDICAL MARIHUANA INTENDED FOR HUMAN CONSUMPTION. 15

16 (B) EXTERIOR SIGNAGE OR ADVERTISING IDENTIFYING THE FACILITY AS A 17

PROCESSOR FACILITY SHALL BE PROHIBITED. 18

19 20

21 1300.13 - LOCATION OF MEDICAL MARIJUANA PROVISIONING CENTERS . 22

23 (A) NO MEDICAL MARIJUANA PROVISIONING CENTER SHALL BE LOCATED 24

WITHIN: 25 26

(1) ONE THOUSAND (1000) FEET, MEASURED FROM PROPERTY LINE 27

TO PROPERTY LINE, OF AN OPERATIONAL PUBLIC OR PRIVATE 28 ELEMENTARY OR SECONDARY SCHOOL; PARK; A COMMERCIAL 29 CHILD CARE ORGANIZATION (NON-HOME OCCUPATION) THAT IS 30

REQUIRED TO BE LICENSED OR REGISTERED WITH THE 31 MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES, OR 32

ITS SUCCESSOR AGENCY, UNDER THE CHILD CARE 33 ORGANIZATIONS ACT, 1973 PA 116, MCL 722.11 ET SEQ.; 34

35 (2) FIVE HUNDRED (500) FEET, MEASURED FROM PROPERTY LINE TO 36

PROPERTY LINE, OF ; A FACILITY AT WHICH SUBSTANCE ABUSE 37 PREVENTION SERVICES OR SUBSTANCE ABUSE TREATMENT AND 38

REHABILITATION SERVICES, AS THOSE TERMS ARE DEFINED IN 39 PART 61 OF PA 368 OF 1978, MCL 333.6101 ET SEQ., ARE OFFERED; A 40 CHURCH OR OTHER STRUCTURE IN WHICH RELIGIOUS SERVICES 41

ARE CONDUCTED; OR ANOTHER MEDICAL MARIHUANA 42 ESTABLISHMENT. 43

44 (B) MEDICAL MARIHUANA PROVISIONING CENTERS SHALL BE LIMITED TO F 45

AND F1-COMMERCIAL, G2-WHOLESALE, H-LIGHT INDUSTRIAL, AND I-HEAVY 46

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INDUSTRIAL AS PROVIDED BY THE ZONING PROVISIONS OF THE LANSING 1 CODIFIED ORDINANCES. 2

3

1300.14 - LOCATION OF MEDICAL MARIHUANA SAFETY COMPLIANCE 4 FACILITIES, MEDICAL MARIHUANA PROCESSOR FACILITIES AND MEDICAL 5 MARIHUANA GROWER FACILITIES. 6

7 (A) NO MEDICAL MARIHUANA SAFETY COMPLIANCE FACILITY, MEDICAL 8

MARIHUANA PROCESSOR FACILITY, OR MEDICAL MARIHUANA GROWER 9

FACILITY SHALL BE LOCATED WITHIN 10 11

(1) ONE THOUSAND (1,000) FEET, MEASURED FROM THE PROPERTY LINE 12 OF THE MEDICAL MARIHUANA ESTABLISHMENT TO THE PROPERTY LINE OF 13

AN OPERATIONAL PUBLIC OR PRIVATE ELEMENTARY OR SECONDARY 14 SCHOOL; PARK; A COMMERCIAL CHILD CARE ORGANIZATION (NON-HOME 15

OCCUPATION) THAT IS REQUIRED TO BE LICENSED OR REGISTERED WITH THE 16 MICHIGAN DEPARTMENT OF HEALTH AND HUMAN SERVICES, OR ITS 17 SUCCESSOR AGENCY, UNDER THE CHILD CARE ORGANIZATIONS ACT, 1973 PA 18

116, MCL 722.11 ET SEQ.; OR 19 20 (2) FIVE HUNDRED (500) FEET, MEASURED FROM THE PROPERTY LINE 21

OF THE MEDICAL MARIHUANA ESTABLISHMENT TO THE PROPERTY LINE OF 22 A FACILITY AT WHICH SUBSTANCE ABUSE PREVENTION SERVICES OR 23

SUBSTANCE ABUSE TREATMENT AND REHABILITATION SERVICES, AS THOSE 24 TERMS ARE DEFINED IN PART 61 OF PA 368 OF 1978, MCL 333.6101 ET SEQ., ARE 25 OFFERED; OR A CHURCH OR OTHER STRUCTURE IN WHICH RELIGIOUS 26

SERVICES ARE CONDUCTED OR ANOTHER MEDICAL MARIHUANA 27

ESTABLISHMENT. 28 29

30

(B) ALL MEDICAL MARIHUANA SAFETY COMPLIANCE FACILITIES, MEDICAL 31 MARIHUANA GROWER FACILITIES AND MEDICAL MARIHUANA PROCESSOR 32

FACILITIES SHALL BE SUBJECT TO SUBSECTION (A) AND SHALL BE LIMITED TO 33 THE H-LIGHT INDUSTRIAL, I-HEAVY INDUSTRIAL, OR G2-WHOLESALE ZONING 34

DISTRICTS AS IDENTIFIED IN THE LANSING CODIFIED ORDINANCES. 35

36 37

1300.15 - DENIAL AND REVOCATION. 38 39

(A) A LICENSE ISSUED UNDER THIS CHAPTER MAY BE REVOKED AFTER AN 40 ADMINISTRATIVE HEARING AT WHICH THE CITY CLERK DETERMINES THAT ANY 41

GROUNDS FOR REVOCATION UNDER SUBSECTION (B) EXIST. NOTICE OF THE 42 TIME AND PLACE OF THE HEARING AND THE GROUNDS FOR REVOCATION MUST 43 BE GIVEN TO THE LICENSEE AT LEAST FIVE DAYS PRIOR TO THE DATE OF THE 44 HEARING, BY FIRST CLASS MAIL TO THE ADDRESS GIVEN ON THE LICENSE 45 APPLICATION OR ANY ADDRESS PROVIDED PURSUANT TO 1300.4(A)(1) OR (2); 46

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1 (B) A LICENSE APPLIED FOR OR ISSUED UNDER THIS CHAPTER MAY BE 2

DENIED OR REVOKED ON ANY OF THE FOLLOWING BASES: 3 4

(1) A MATERIAL VIOLATION OF ANY PROVISION OF THIS CHAPTER; 5 6 (2) ANY CONVICTION OF A DISQUALIFYING FELONY; 7 8 (3) COMMISSION OF FRAUD OR MISREPRESENTATION OR THE MAKING OF 9

A FALSE STATEMENT BY THE APPLICANT OR ANY STAKEHOLDER OF THE 10 APPLICANT WHILE ENGAGING IN ANY ACTIVITY FOR WHICH THIS CHAPTER 11 REQUIRES A LICENSE; 12

13

(4) FAILURE TO OBTAIN A CERTIFICATE OF APPROVAL FROM THE 14 MEDICAL MARIHUANA COMMISSION ; 15

16 (5) THE MEDICAL MARIHUANA ESTABLISHMENT IS DETERMINED BY THE 17 CITY TO HAVE BECOME A PUBLIC NUISANCE. 18

19 (C) APPEAL OF DENIAL OF APPLICATION: THE CITY CLERK SHALL NOTIFY 20

AN APPLICANT OF THE REASON (S) FOR DENIAL OF AN APPLICATION AND 21

PROVIDE THE APPLICANT WITH THE OPPORTUNITY TO BE HEARD. ANY 22 APPLICANT AGGRIEVED BY THE DENIAL OF A LICENSE UNDER THIS CHAPTER 23

MAY APPEAL TO THE CITY CLERK. SUCH APPEAL SHALL BE TAKEN BY FILING 24 WITH THE CITY CLERK, WITHIN 14 DAYS AFTER NOTICE OF THE ACTION 25 COMPLAINED OF HAS BEEN MAILED TO THE APPLICANT’S LAST KNOWN 26

ADDRESS, A WRITTEN STATEMENT SETTING FORTH FULLY THE GROUNDS 27

FOR THE APPEAL. THE REVIEW ON APPEAL SHALL BE LIMITED TO WHETHER 28 THERE HAS BEEN AN ABUSE OF DISCRETION IN THE DECISION TO DENY THE 29 APPLICATION. THE DECISION AND ORDER OF THE CITY CLERK ON APPEAL 30

SHALL BE FINAL AND CONCLUSIVE. 31 32

33 34 1300.16 - PENALTIES. 35

36 (A) THE CITY OF LANSING MAY REQUIRE AN APPLICANT OR LICENSEE OF A 37

MEDICAL MARIHUANA FACILITY TO PRODUCE DOCUMENTS, RECORDS, OR ANY 38

OTHER MATERIAL PERTINENT TO THE INVESTIGATION OF AN APPLICATION OR 39 ALLEGED VIOLATION OF THIS CHAPTER. FAILURE TO PROVIDE THE REQUIRED 40 MATERIAL MAY BE GROUNDS FOR APPLICATION DENIAL OR LICENSE 41

REVOCATION; 42 43 (B) ANY PERSON IN VIOLATION OF ANY PROVISION OF THIS CHAPTER SHALL 44

BE SUBJECT TO A CIVIL FINE AND COSTS. INCREASED CIVIL FINES MAY BE 45 IMPOSED FOR A REPEAT VIOLATION. AS USED IN THIS SECTION “REPEAT 46

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VIOLATION” SHALL MEAN A SECOND OR ANY SUBSEQUENT INFRACTION OF THE 1 SAME REQUIREMENT OR PROVISION COMMITTED BY A PERSON OR 2 ESTABLISHMENT WITHIN ANY 12-MONTH PERIOD. UNLESS OTHERWISE 3 SPECIFICALLY PROVIDED IN THIS CHAPTER OR ANY OTHER CHAPTER FOR A 4

MUNICIPAL INFRACTION, THE PENALTY SCHEDULE IS AS FOLLOWS: 5 6

1. $500, PLUS COSTS, FOR THE FIRST VIOLATION; 7 2. $750, PLUS COSTS, FOR A REPEAT VIOLATION; 8 3. $750,PLUS COSTS, PER DAY, PLUS COSTS, FOR ANY VIOLATION THAT 9

CONTINUES FOR MORE THAN ONE DAY. 10 11 (C) ALL FINES IMPOSED UNDER THIS CHAPTER SHALL BE PAID WITHIN 45 12 DAYS AFTER THE EFFECTIVE DATE OF THE ORDER IMPOSING THE FINE OR AS 13

OTHERWISE SPECIFIED IN THE ORDER; 14 15

(D) THE CITY CLERK MAY TEMPORARILY SUSPEND A MEDICAL MARIHUANA 16 ESTABLISHMENT LICENSE WITHOUT A PRIOR HEARING IF THE CITY CLERK 17 FINDS THAT PUBLIC SAFETY OR WELFARE REQUIRES EMERGENCY ACTION 18

AFFECTING THE PUBLIC HEALTH, SAFETY, OR WELFARE. THE CITY CLERK 19 SHALL CAUSE THE TEMPORARY SUSPENSION BY ISSUING A SUSPENSION 20 NOTICE IN CONNECTION WITH INSTITUTION OF PROCEEDINGS FOR NOTICE 21

AND A HEARING; 22 23

(E) IF THE CITY CLERK TEMPORARILY SUSPENDS A LICENSE WITHOUT A 24 PRIOR HEARING, THE LICENSEE IS ENTITLED TO A HEARING WITHIN THIRTY 25 (30) DAYS AFTER THE SUSPENSION NOTICE HAS BEEN ISSUED. THE HEARING 26

SHALL BE LIMITED TO THE ISSUES CITED IN THE SUSPENSION NOTICE; 27

28 (F) IF THE CITY CLERK DOES NOT HOLD A HEARING WITHIN THIRTY (30) 29 DAYS AFTER THE DATE OF SUSPENSION WAS ISSUED, THEN THE SUSPENDED 30

LICENSE SHALL BE AUTOMATICALLY REINSTATED AND THE SUSPENSION 31 VACATED. 32

33 (G) THE PENALTY PROVISIONS OF THIS CHAPTER ARE NOT INTENDED TO 34

FORECLOSE ANY OTHER REMEDY OR SANCTION THAT MIGHT BE AVAILABLE 35 TO, OR IMPOSED BY THE CITY, INCLUDING CRMINAL PROSECUTION. 36

37

1300.17 -NO VESTED RIGHTS 38 A PROPERTY OWNER SHALL NOT HAVE VESTED RIGHTS OR NONCONFORMING 39 USE RIGHTS THAT WOULD SERVE AS A BASIS FOR FAILING TO COMPLY WITH 40 THIS CHAPTER OR ANY AMENDMENT OF THIS CHAPTER. 41

42 1300.18 –ZONING BOARD OF APPEALS 43 THE DISTANCE REQUIREMENTS UNDER THIS CHAPTER SHALL BE REVIEWABLE 44 BY THE BOARD OF ZONING APPEALS FOLLOWING THE CRITERIA PROVIDED IN 45 SECTION 1244.06(C). 46

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1 1300.19-SUNSET 2 3 PURSUANT TO SECTION 3-307 OF THE LANSING CITY CHARTER, THIS CHAPTER 4

SHALL EXPIRE DECEMBER 1, 2026. 5 6 7 Section 2. All ordinances, resolutions or rules, parts of ordinances, resolutions or rules, 8

inconsistent with the provisions hereof are hereby repealed in their entirety and shall be void and of no 9

effect. 10

Section 3. Should any section, clause or phrase of this Ordinance be declared to be invalid, the 11

same shall not affect the validity of the ordinance as a whole, or any part thereof, other than the part 12

declared to be invalid. 13

Section 4. This Ordinance shall take effect on the 30th day after enactment unless given 14

immediate effect by the City Council. 15