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East Lansing Cannabis Ordinances

6.12. Possession of Marijuana.

Nothing in the Code of Ordinances shall apply to the use, possession or transfer of less than 1 ounce of marijuana, on private property, or transportation of less than 1 ounce of marijuana, by a person who has attained the age of 21 years.

(Amended 5-5-2015)


ARTICLE IX. MEDICAL MARIHUANA


DIVISION 1. GENERALLY


Sec. 8-551. Definitions.

The following words, terms and phrases, when used in this article, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Act means the Michigan Medical Marihuana Act.

Dispensary means any of the following: (1) two or more primary caregivers growing medical marihuana in the same building, structure or lot except for multiple-unit residential structures; (2) two or more primary caregivers storing medical marihuana in the same building, structure or lot except for multiple-unit residential structures; (3) two or more primary caregivers delivering, transferring, or providing qualifying patients with medical marihuana out of the same building or lot except for multiple-unit residential structures; (4) two or more primary caregivers growing medical marihuana in the same unit of a multiple-unit residential structure; (5) two or more primary caregivers storing medical marihuana in the same unit of a multiple-unit residential structure; or (6) two or more primary caregivers delivering, transferring or providing qualifying patients with medical marihuana out of the same unit of a multiple-unit residential structure.

Marihuana means that term as defined in section 7106 of the Public Health Code, 1978 PA 368, MCL 333.7106.

Primary caregiver means a person who is registered under the Michigan Medical Marihuana Act and is defined as a person who is at least 21 years old and who has agreed to assist with a patient's medical use of marihuana and who has never been convicted of a felony involving illegal drugs.

Primary caregiver operation means either of the following: (1) a building, structure or lot from which a single primary caregiver transfers, delivers or provides marihuana to his or her qualifying patients; or (2) a building, structure or lot where a primary caregiver grows and/or stores medical marihuana that is not the primary caregiver's primary residence.

Qualifying patient means a person who has been diagnosed by a physician as having a debilitating medical condition for purposes of the Act.

Registered qualifying patient means a person who has been diagnosed by a physician as having a debilitating medical condition and who has received a registry identification card.

Registry identification card means a document issued by the department of community health that identifies a person as a registered qualifying patient or registered primary caregiver.

Usable marihuana means the dried leaves and flowers of the marihuana plant, and any mixture or preparation thereof, but does not include the seeds, stalks, and roots of the plant.

(Ord. No. 1246, 8-17-2010; Ord. No. 1245C, 3-15-2011)


Secs. 8-552—8-560. Reserved.


DIVISION 2. LICENSE


Sec. 8-561. Required; prohibitions; fee; application.

(a) No person shall conduct a primary caregiver operation or allow, operate, or assist in the operation of a dispensary except in compliance with the zoning regulations and without the dispensary or primary caregiver operation having first obtained and being in possession of a valid license issued by the city clerk. (b) Application shall be made annually on forms provided by the city clerk which shall require the full legal name, date of birth of each primary caregiver and address of the intended location of the dispensary or primary caregiver operation, a copy of the approved special use permit for the identified address, a copy of each primary caregiver's registry identification card, the number of registered qualifying patients for each primary caregiver and the registry identification numbers of each registered qualifying patient of each primary caregiver, the maximum amount of usable marihuana and maximum number of marihuana plants the primary caregiver may have on the property at any one time, whether marihuana will be grown on the premises and whether any electrical devices are used or intended to be used in conjunction with the growing of the marihuana, and whether any structural modifications have been made or are intended to be made in conjunction with the license. (c) The initial application fee and renewal fees shall be established by special resolution of the council, thereafter they shall be established by annual budget resolution of the city council.

(Ord. No. 1246, 8-17-2010; Ord. No. 1245C, 3-15-2011)

Editor's note(s)—Ord. No 1245C, adopted March 15, 2011, changed the title of § 8-561 from "Required; fee; application" to "Required; prohibitions; fee; application."


Sec. 8-562. Conditions of issuance.

The city clerk shall not issue an initial or renewal license until such time as all of the following conditions have been met:

(a) A completed application, signed by each primary caregiver, has been submitted to the clerk with the required fees that accurately states the lawful amount of usable marihuana and marihuana plants an applicant may have on the property at any one time. (b) Proof that an annual inspection of the proposed location has been conducted by the East Lansing Police Department and the police department certifies that the dispensary or primary caregiver operation is in conformity with the state law and city ordinances. The police department may require building officials or the fire department inspect the property prior to certification to ensure that it is in conformity with state law and city ordinances should the police suspect, during their inspection, that unreported structural alterations have been made or unreported electrical devices are being used in conjunction with the license. (c) Where the application identifies electrical devices are being used or intended to be used in conjunction with the license, proof that the fire department has inspected and approved the use or proposed use and that any necessary permits for electrical alterations have been obtained. (d) Where the application identifies structural modifications have been made or are intended in conjunction with the license, proof that the appropriate building code officials have inspected the property and issued the necessary permits.

(Ord. No. 1246, 8-17-2010)


Sec. 8-563. Conduct of licensee.

(a) Each licensee shall, as a condition of obtaining and maintaining a license, agree to comply at all times with all applicable local and state building, zoning, fire, health, and sanitation statutes, ordinances, and regulations. (b) The premises shall be operated and maintained at all times consistent with responsible business practices and so that no excessive demands will be placed upon public health or safety services, nor any excessive risk of harm to the public health, safety, or sanitation. (c) The licensee shall immediately notify the city clerk of any changes in designations of the licensee's qualifying patients and update the information provided on the application.

(Ord. No. 1246, 8-17-2010)


Sec. 8-564. Effect of license; suspension; daily violation.

(a) A license is valid only for the location identified on the license and cannot be transferred to another location within the city without a new application. (b) A license does not prohibit prosecution by the federal government of its laws or prosecution by state authorities for violations of the act or other violations not protected by the act. (c) Compliance with city ordinances and state statutes is a condition of maintenance of a license and a license may be suspended for cause pursuant to the provisions of this chapter. (d) Suspension of a license is not an exclusive remedy and nothing contained herein is intended to limit the city's ability to prosecute code violations that may have been the cause of the suspension or any other code violations not protected by this act. (e) Each day that a person shall conduct a primary caregiver operation without a license or allow, operate, or assist in the operation of a dispensary without the dispensary first having obtained and being in possession of a valid license for that property shall constitute a separate offense.

(Ord. No. 1246, 8-17-2010; Ord. No. 1245C, 3-15-2011)


Sec. 8-565. Confidentiality.

Names and addresses of applicants, licensed primary caregivers, and their qualifying patients shall be maintained as confidential records not subject to disclosure, except to authorized employees of various city departments as necessary to perform official duties or except upon order of a court of competent jurisdiction.

(Ord. No. 1246, 8-17-2010)


Secs. 8-566—8-600. Reserved.


Sec. 26-56. Use and possession of marihuana.

(a) No person under the age of 21 shall consume or have in his/her possession or under his/her control, marihuana or cannabis as defined by MCL 333.7106 unless pursuant to a valid prescription filled by a pharmacy certified pursuant to MCL 333.7335 to 333.7336, or unless that person is a qualifying patient who has been issued and possesses a registry identification card for the medical use of marihuana in accordance with Initiated Law 1 of 2008. (b) No person shall transfer marihuana or marihuana accessories to a person under the age of 21 unless pursuant to a valid prescription filled by a pharmacy certified pursuant to MCL 333.7335 to 333.7336, or unless that person is a qualifying patient who has been issued and possesses a registry identification card for the medical use of marihuana in accordance with Initiated Law 1 of 2008. (c) No person shall consume marihuana in a public place or smoke marihuana where prohibited by the person who owns, occupies or manages the property, except for purposes of this subdivision, a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age. (d) No person shall cultivate marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area. (e) No person shall smoke marihuana within a vehicle upon a public way. (f) No person shall possess marihuana accessories or possess or consume marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, or in a school bus. (g) No person shall possess more than 2.5 ounces of marihuana within a person's place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area. (h) A person who violates subsection (a), (b), (c), (d) or (g) of this section shall be responsible for a civil infraction and shall be punished by one or more of the following:

(1) A fine of not more than $25.00 plus costs to be assessed by the court; (2) Service to the community for not more than 30 days; (3) Substance abuse screening and/or attendance and completion of a program of "substance abuse treatment and rehabilitation services" or "substance abuse prevention services" as defined in section 6107 of the Michigan Public Health Code (MCL 333.6107), as ordered by the court.

(i) A person who violates subsection (e) or (f) of this section shall be guilty of a misdemeanor and shall be punished by one or more of the following:

(1) A fine of not more than $100.00 plus costs to be assessed by the court; (2) Jail for not more than 90 days; (3) Service to the community for not more than 90 days; (4) Substance abuse screening and/or attendance and completion of a program of "substance abuse treatment and rehabilitation services" or "substance abuse prevention services" as defined in section 6107 of the Michigan Public Health Code (MCL 333.6107), as ordered by the judge or district court magistrate.

(j) A person sentenced to perform service to the community under this section shall not receive compensation for such service, and shall reimburse the state or city for the cost of supervision incurred by the state or city as a result of the person's activities in that service. (k) The provisions of this section restricting the possession of marihuana or any derivative, compound, preparation, or mixture shall not apply to common carriers or warehousemen or their employees engaged in the lawful transportation or storage of such drugs, or to public officers or employees while engaged in the performance of their official duties nor to temporary incidental possession on the part of employees or agents of persons lawfully entitled to possession. (l) A patient and a patient's primary caregiver may assert the medical purpose for using marihuana as a defense to any prosecution involving marihuana under this section and such defense shall be presumed valid where the evidence meets the requirements of MCL 333.26428(a)(1), (2), and (3).

(Code 1994, ch. 108, §§ 9.107, 9.108; Ord. No. 1219, 4-7-2009; Ord. No. 1393, 10-11-2016; Ord. No. 1457, 4-23-2019)


Sec. 50-7. Definitions, G through M.

The following words, terms and phrases, when used in this chapter, shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Garage, private, means a building or other structure designed for the housing of automobiles and having capacity for not more than four automobiles.

Garage, public, means any building or premises, other than a gasoline filling station, used for housing or care of more than four automobiles, or where any such automobiles are equipped for operation, repaired, or kept for remuneration, hire, or sale.

Ground coverage means that part or percent of lot area included within the outside boundary lines of all buildings and structures located on the lot, including porches, decks, patios, breezeways, balconies, bay windows, paved drives and walks, and other area covered with impervious materials.

Habitable room means a room designed for living and/or sleeping, excluding bathrooms, kitchens, dining areas, closets, hallways, and service areas.

Home occupation means an accessory use of a dwelling for gainful employment on a recurring basis involving the manufacture, sale, or provision of goods, materials or services. Class A home occupations may involve the provision of personal service, such as typing, computing, sewing and tutoring; the provision of professional services such as medical and health care, legal, financial, accounting, engineering, architectural, real estate, insurance, counseling, and religious assistance; the creation and/or sale of goods, materials, or handicrafts, except for the sale of food or beverages to be consumed on the premises; and the repair of small appliances, bicycles, and similar products which are not powered by internal combustion engines. Class A home occupations shall be established and operated in compliance with the provisions of section 50-147(7). Also, for the purposes of this chapter, "child care organizations," as defined in section 50-5, shall be considered separate from home occupations.

Hotel means a multiple-family dwelling in which persons are lodged for hire as the more or less temporary abiding place, and in which as a rule the rooms are occupied singly and without any provision therein for cooking, and in which there are more than 25 sleeping rooms, and a public dining room with kitchen facilities for accommodation of at least 25 guests.

Household pet daycare means a premises containing up to six cats or dogs or a combination making a total of six where care and supervision are provided for periods of 12 hours or less per day with or without financial compensation. This does not include household pets as allowed under section 4-4 of this Code.

Kennel means any premises where more than four cats or dogs or a combination making a total of more than four are kept overnight or where more than ten animals, including those allowed under section 4-4 of this Code, are provided care and supervision regardless of duration, except where accessory to an agricultural use.

Lodginghouse means a building or part thereof, other than a hotel, where lodging is provided for hire, more or less transiently, including so-called tourist homes, and with or without provisions for meals.

Lot means a parcel of land occupied or to be occupied by a building and its accessory buildings together with such open spaces as are required under this chapter and having its principal frontage upon a street.

Lot line. Lot line or adjacent property line shall be any boundary line separating one lot from another, whether the line be at the side, rear, or front of the properties.

Lot width means the distance from one side lot line to the other side lot line measured at the minimum building setback permitted in this chapter.

Lots, corner, interior, and through. A "corner lot" is a lot of which at least two contiguous sides abut upon a street for their full length. An "interior lot" is a lot other than a corner lot. A "through lot" is an interior lot or a corner lot, having a frontage on two streets which do intersect at a point contiguous to such lot.

Lots, front, rear, and depth. The front of a lot is that boundary line which borders on a street other than an alley. In the case of a through lot, the front of the lot shall be that boundary which does not border on a major street as designated in the major street plan and which would most conform to adjacent development patterns as designated in the approved plat, or otherwise, as determined by the planning and zoning official. In the case of a corner lot, the side which has the narrowest dimension bordering on a street shall be deemed to be the front of such lot. The rear of a lot is the side opposite to the front. In the case of a triangular or irregular lot, the rear is the boundary line not bordering on a street. The depth of a lot is the dimension measured from the front of the lot to the extreme rear line of the lot. In the case of irregularly shaped lots, the mean depth shall be taken.

Marihuana means that term as defined in section 7106 of the public health code, 1978 PA 368, MCL 333.7106.

Marihuana establishment means a marihuana grower, marihuana safety compliance facility, marihuana processor, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any other type of marihuana-related business licensed by the department of licensing and regulatory affairs pursuant to the Michigan Regulation and Taxation of Marihuana Act.

Marihuana grower means a person licensed pursuant to the Michigan Regulation and Taxation of Marihuana Act to cultivate marihuana and sell or otherwise transfer marihuana to marihuana establishments.

Marihuana-infused product means a topical formulation, tincture, beverage, edible substance, or similar product containing any usable marihuana, as defined by the Michigan Medical Marihuana Facilities Act, that is intended for human consumption in a manner other than smoke inhalation. Marihuana-infused products shall not be considered a food.

Marihuana microbusiness means a person licensed pursuant to the Michigan Regulation and Taxation of Marihuana Act to cultivate not more than 150 marihuana plants; process and package marihuana; and sell or otherwise transfer marihuana to individuals who are 21 years of age or older or to a marihuana safety compliance facility, but not to other marihuana establishments.

Marihuana processor means a person licensed pursuant to the Michigan Regulation and Taxation of Marihuana Act to obtain marihuana from marihuana establishments; process and package marihuana; and sell or otherwise transfer marihuana to marihuana establishments.

Marihuana retailer means a person licensed pursuant to the Michigan Regulation and Taxation of Marihuana Act to obtain marihuana from marihuana establishments and to sell or otherwise transfer marihuana to marihuana establishments and to individuals who are 21 years of age or older.

Marihuana safety compliance facility means a person licensed pursuant to the Michigan Regulation and Taxation of Marihuana Act to test marihuana, including certification for potency and the presence of contaminants.

Marihuana secure transporter means a person licensed pursuant to the Michigan Regulation and Taxation of Marihuana Act to obtain marihuana from marihuana establishments in order to transport marihuana to marihuana establishments.

Medical marihuana grower facility means a location where an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity is licensed as a commercial entity by the State of Michigan, under the Michigan Medical Marihuana Facilities Act, to cultivate, dry, trim, or cure and package marihuana for sale to a processor or provisioning center.

Medical marihuana processor facility means a location where an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity is licensed as a commercial entity by the State of Michigan, under the Michigan Medical Marihuana Facilities Act, to purchase marihuana from a grower and extract resin from the marihuana or create a marihuana-infused product for sale and transfer in packaged form to a provisioning center.

Medical marihuana provisioning center facility means a location where an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity is licensed as a commercial entity by the State of Michigan, under the Michigan Medical Marihuana Facilities Act to purchase marihuana from a grower or processor and sell, supply, or provide marihuana to registered qualifying patients, directly or through the patients' primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail, under the Michigan Medical Marihuana Facilities Act, to registered qualifying patients or registered primary caregivers. Dispensaries and noncommercial locations used by primary caregivers to assist qualifying patients connected to the caregiver through the marihuana registration process in accordance with the Michigan Medical Marihuana Act are not provisioning centers.

Medical marihuana safety compliance facility means a location where an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity is licensed as a commercial entity by the State of Michigan, under the Michigan Medical Marihuana Facilities Act, to receive marihuana from a marihuana facility or primary caregiver, test it for contaminants and for tetrahydrocannabinol and other cannabinoids, return the test results and the marihuana to the marihuana facility.

Medical marihuana secure transporter facility means a location where an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity is licensed as a commercial entity by the State of Michigan, under the Michigan Medical Marihuana Facilities Act, to store marihuana and transport marihuana between marihuana facilities for a fee.

Michigan Medical Marihuana Act means the Michigan Medical Marihuana Act, Public Act 1 of 2008, being MCL 333.26421 to 333.26430.

Michigan Medical Marihuana Facilities Act means the Michigan Medical Marihuana Facilities Act, Public Act 281 of 2016, being MCL 333.27101 to 333.27801.

Michigan Regulation and Taxation of Marihuana Act means the Michigan Regulation and Taxation of Marihuana Act, 2018 IL 1, being MCL 333.27951 to 333.27967.

Mixed market rental unit means a rental dwelling unit within a multiple-family dwelling which has a mix of studio, one-bedroom, two-bedroom and three-bedroom units with no more than 25 percent of the units being three-bedroom units and each dwelling unit rented under a single rental contract.

(Code 1994, ch. 55, § 5.5; Ord. No. 1285, 1-15-2013; Ord. No. 1313, 3-4-2014; Ord. No. 1348-C, 2-2-2016; Ord. No. 1395, 12-5-2017; Ord. No. 1469, 10-29-2019)

Cross reference(s)—Definitions generally, § 1-7.


Sec. 50-94a. Additional standards for medical marihuana facility uses.

(a) All uses. Except as may be provided elsewhere in this section or chapter and except to the extent the standards would interfere with or conflict with statutory regulations for the licensing of marihuana facilities under the Medical Marihuana Facilities Licensing Act, each special use permit for a medical marihuana facility shall meet the standards of section 50-94(a) and the following standards.

(1) They shall comply at all times and in all circumstances with the Michigan Medical Marihuana Facilities Licensing Act, the Michigan Medical Marihuana Act and the rules of the Michigan Department of Community Health and the Department of Licensing and Regulatory Affairs and provide a copy of official paperwork issued by LARA indicating that the applicant has successfully completed the prequalification application for a state operating license at the time of filing a site plan. An approved special use permit issued under this chapter is valid only if the permit holder also holds a valid current state operating license and a copy of the valid current state license has been provided to the city clerk by the holder. (2) They must be located outside of 1,000 feet from the lot lines of any school, including any licensed facility with after school programs, child care centers, or daycare centers, to insure community compliance with federal "Drug-Free School Zones" requirements. (3) They may not be operated out of a residence or residential structure. (4) The consumption of alcohol, medical marihuana or tobacco products on the premises is prohibited. (5) The facility shall be operated and maintained at all times so that any by-products or waste of any kind shall be properly and lawfully kept and disposed of so as to preclude any risk of harm to the public health, safety or welfare. (6) All transfers and deliveries of medical marihuana, marihuana infused products, marihuana seeds, and marihuana plants to facilities on different properties must be to a processor, a provisioning center, or safety compliance facility and only by means of a secure transporter and must occur within the structure out of public view except as allowed by the Medical Marihuana Facilities Licensing Act or rules or regulations promulgated thereunder. Licensed grower, processors, provisioning centers, and safety compliance facilities that have stacked license or are located on the same property are allowed to transfer medical marihuana, marihuana infused products, marihuana seeds, and marihuana plants without the use of a secure transporter. (7) They may not concurrently act as a primary caregiver or dispensary out of or in conjunction with a processor, a safety compliance facility, a secure transporter facility, or a growing facility. (8) Except when in the process of being transferred, being processed, or during the process of testing all marihuana and marihuana infused product shall be contained within an enclosed, locked facility, inaccessible on all sides and equipped with locks that permit access only by the licensed growers or their employees, as reviewed and approved by the building official and the police department. (9) The facility shall be designed, operated, and maintained at all times consistent with responsible business practices so that there shall be no excessive demands placed upon public safety services, nor any excessive risk of harm to the public health, safety, or sanitation, or environmental quality, interference with vehicular or pedestrian traffic or parking, or the continuance or maintenance of any conduct unlawful under state or local law, public nuisance, or disorderly conduct either within the establishment or on or about the adjacent businesses and public streets, alleys, parks, parking facilities, or other areas open to the public. The establishment shall make reasonable effort to report to authorities any conduct unlawful under state or local law that is observed from the premises. (10) No marihuana shall be cultivated, grown, manufactured, or processed in any manner that would emit odors reasonably discernable to another person outside the area from which the odor is generated. If the facility is in a building, the odor must be prevented by the installation of an operable filtration to ventilation and exhaust equipment and odors must otherwise be effectively confined to the interior of the building from which the odor is generated. (11) Cultivation of marihuana in an outdoor facility shall be permitted so long as the area is enclosed, locked, and inaccessible on all sides, and that the structure meets all building code and zoning regulations. (12) The licensee of any facility must pay an annual, nonrefundable fee of $5,000.00 to the city. (13) The proposed size, height, architectural character and placement of any renovated structures on the site shall be reasonably compatible with the existing or anticipated buildings on adjacent properties.

(b) Additional specific special use standards for medical marihuana provisioning center facilities. In addition to the standards set forth in this section and section 50-94a of this Code, to address their unique characteristics, medical marihuana provisioning center facilities shall also meet the applicable standards below except to the extent the standard or standards would interfere with or conflict with statutory regulations for the licensing of marihuana facilities under the Michigan Medical Marihuana Facilities Licensing Act.

(1) The establishment shall not cause or continue an undue concentration of similar uses in the neighborhood such that medical marihuana provisioning center facilities and paraphernalia trade become a dominant influence or feature of the district or neighborhood. (2) Hours of operation must be set between 8:00 a.m. and 9:00 p.m. (3) No marihuana or marihuana-infused products shall be visible from the exterior of the facility. (4) All marihuana and marihuana-infused products shall be contained within locked containers or locked display cases unless being displayed to a patient on the premises by a caregiver. (5) The operators of the medical marihuana provisioning center facility shall provide an annual donation in the amount of one percent of net profits from its operations or $5,000.00, whichever amount is greater, to an organization qualifying for exemption from taxation pursuant to 26 USC 501(c)(3) largely benefitting the residents of East Lansing and organized and operated exclusively for purposes of improving the lives of people with low to moderate income, conserving or improving natural resources, or preventing cruelty to children or animals, and with the use of the funds being in accordance with MCL 125.3504. (6) No medical marihuana provisioning center shall be allowed to locate within 500 feet of the lot lines of another medical marihuana provisioning center except that in the medical marihuana provisioning center facility overlay district located in the DDA District, no medical marihuana provisioning center facility shall be permitted to locate within 1,000 feet of another medical marihuana provisioning center facility.

(Ord. No. 1395, 12-5-2017; Ord. No. 1416a, 11-7-2018; Ord. No. 1448, 3-26-2019)


Sec. 50-94b. Additional standards for marihuana establishments.

(a) All uses. Except as may be provided elsewhere in this section or chapter and except to the extent the standards would interfere with or conflict with statutory regulations for the licensing of marihuana facilities under the Michigan Regulation and Taxation of Marihuana Act, each special use permit for a marihuana establishment shall meet the standards of section 50-94(a) and the following standards.

(1) They shall comply at all times and in all circumstances with the Michigan Regulation and Taxation of Marihuana Act, Michigan Medical Marihuana Facilities Licensing Act, the Michigan Medical Marihuana Act and the rules of the Michigan Department of Health and Human Resources and the department of licensing and regulatory affairs. An approved special use permit issued under this chapter is valid only if the permit holder also holds a valid current state operating license and a copy of the valid current state license has been provided to the city clerk by the holder. (2) They must be located outside of 1,000 feet from the lot lines of any school, including any licensed facility with after school programs, child care centers, or daycare centers, to insure community compliance with federal "Drug-Free School Zones" requirements. (3) They may not be operated out of a residence or residential structure. (4) The consumption of alcohol, marihuana or tobacco products on the premises is prohibited. (5) The facility shall be operated and maintained at all times so that any by-products or waste of any kind shall be properly and lawfully kept and disposed of so as to preclude any risk of harm to the public health, safety or welfare. (6) Except when in the process of being transferred, being processed, or during the process of testing all marihuana and marihuana infused product shall be contained within an enclosed, locked facility, inaccessible on all sides and equipped with locks that permit access only by the licensed growers or their employees, as reviewed and approved by the building official and the police department. (7) The facility shall be designed, operated, and maintained at all times consistent with responsible business practices so that there shall be no excessive demands placed upon public safety services, nor any excessive risk of harm to the public health, safety, or sanitation, or environmental quality, interference with vehicular or pedestrian traffic or parking, or the continuance or maintenance of any conduct unlawful under state or local law, public nuisance, or disorderly conduct either within the establishment or on or about the adjacent businesses and public streets, alleys, parks, parking facilities, or other areas open to the public. The establishment shall make reasonable effort to report to authorities any conduct unlawful under state or local law that is observed from the premises. (8) No marihuana shall be cultivated, grown, manufactured, or processed in any manner that would emit odors reasonably discernable to another person outside the area from which the odor is generated. If the facility is in a building, the odor must be prevented by the installation of an operable filtration to ventilation and exhaust equipment and odors must otherwise be effectively confined to the interior of the building from which the odor is generated. (9) Cultivation of marihuana in an outdoor facility shall be permitted so long as the area is enclosed, locked, and inaccessible on all sides, and that the structure meets all building code and zoning regulations. (10) The licensee of any facility must pay an annual, nonrefundable fee of $5,000.00 to the city. (11) The proposed size, height, architectural character and placement of any renovated structures on the site shall be reasonably compatible with the existing or anticipated buildings on adjacent properties.

(b) Additional specific special use standards for marihuana retailers. In addition to the standards set forth in this section and section 50-94(a) of this Code, to address their unique characteristics, marihuana retailers shall also meet the applicable standards below except to the extent the standard or standards would interfere with or conflict with statutory regulations for the licensing of marihuana establishments under the Michigan Regulation and Taxation of Marihuana Act.

(1) The establishment shall not cause or continue an undue concentration of similar uses in the neighborhood such that medical marihuana provisioning center facilities and paraphernalia trade become a dominant influence or feature of the district or neighborhood. (2) Hours of operation must be set between 8:00 a.m. and 9:00 p.m. (3) No marihuana or marihuana-infused products shall be visible from the exterior of the facility. (4) All marihuana and marihuana-infused products shall be contained within locked containers or locked display cases unless being displayed to a patient or a customer on the premises by a caregiver or retailer. (5) The operators of the marihuana retail establishment shall provide an annual donation in the amount of one percent of net profits from its operations or $5,000.00, whichever amount is greater, to an organization qualifying for exemption from taxation pursuant to 26 USC 501(c)(3) largely benefitting the residents of East Lansing and organized and operated exclusively for purposes of improving the lives of people with low to moderate income, conserving or improving natural resources, or preventing cruelty to children or animals, and with the use of the funds being in accordance with MCL 125.3504. (6) The marihuana retailers must have been issued a special use permit for a medical marihuana provisioning center facility and have an equivalent license issued by the State as defined by the administrative rules for the Michigan Regulation and Taxation of Marihuana Act for the same.

(Ord. No. 1469, 10-29-2019)


DIVISION 7. MEDICAL MARIHUANA PROVISIONING CENTER FACILITIES AND MARIHUANA RETAIL OVERLAY DISTRICTS[1]


Sec. 50-801. Purpose and objectives.

The purpose and objectives of the medical marihuana provisioning center facilities and marihuana retail overlay district is to allow for the unique activity of medical marihuana provisioning center facilities and marihuana retailers within the city while achieving land management objectives of appropriate placement of said uses within the city while segregating the use from certain other land uses in order to avert situations in which such a use may have a deleterious effect on neighboring properties or the city as a whole.

(Ord. No. 1469, 10-29-2019)


Sec. 50-802. Medical marihuana provisioning center facilities and marihuana retailer overlay districts.

The following medical marihuana provisioning center facilities and marihuana retailer overlay districts are hereby established within the city.

(a) A district containing those parcels of property bounded by the existing B2 - Retail Sales Business - District south of Michigan Avenue and west of Brody Road. (b) A district containing those parcels of property north of Abbey Road as extended to U.S. 127, west of Coolidge Road, east of U.S. 127 and south of the northern boundary line of the existing OIP - Office Industrial Park - District as extended to U.S. 127. (c) A district containing those parcels of property bounded by Park Lake Road, Haslett Road, and Merritt Road. (d) A district containing those parcels of property abutting the south side of Grand River Avenue between Cedar Street to the west and Hagadorn Road to the east.

(Ord. No. 1469, 10-29-2019)


Sec. 50-803. Permitted uses.

Permitted principal uses, subject to an approved special use permit, as provided for in article II, division 3 of this chapter are:

(a) Medical marihuana provisioning center facilities if they meet the standards of and are operated in accordance with the standards set forth in section 50-94(a) and section 50-94a(a) and (b); and (b) Marihuana retailers if they meet the standards of and are operated in accordance with the standards set forth in section 50-94(a) and section 50-94b(a) and (b) and have been issued a special use permit for a medical marihuana provisioning center facility at the same location and have a current, valid equivalent license, as defined by the state administrative rules, issued by the state for the operation of a medical marihuana provisioning center within the City of East Lansing.

(Ord. No. 1469, 10-29-2019)


Sec. 50-804. Reserved.

[1]Editor's note(s)—Ord. No. 1469, adopted Oct. 29, 2019, amended div. 7 in its entirety to read as herein set out. Former div. 7, §§ 50-801—50-803, pertained to similar subject matter, and derived from Ord. No. 1416a, adopted Nov. 7, 2018.

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