BERLIN TOWNSHIP
ST. CLAIR COUNTY, MICHIGAN

740 Capac Rd.
Allenton, Michigan 48002
(810) 395-4518       Fax:  (810) 395-4698

E-mail address:   info@berlintwpstclair.org

TOWNSHIP OF BERLIN
 ST. CLAIR COUNTY
ORDINANCE NO. 38
 

BERLIN TOWNSHIP MEDICAL MARIJUANA ORDINANCE
Section 190.428            Medical Marijuana Uses.
1.         Intent

a. Voters in the State of Michigan approved a referendum authorizing the use of marijuana for certain medical conditions, being the Michigan Medical Marihuana Act, MCL 333.26421, et seq. ("The Act").

b. The specified intent of The Act is to enable certain specified persons who comply with the registration provisions of the law to acquire, possess, cultivate, grow and use marijuana as well as to assist specifically registered individuals identified in the statute without being subject to criminal prosecution under state law in limited, specific circumstances.

c. Despite the specific provisions of The Act and the activities identified in The Act, marijuana remains a controlled substance (Schedule 1 drug) under Michigan law. The activities set forth in The Act have a potential for abuse. Such activities should be closely monitored and, to the extent permissible, regulated by local authorities.

d. If not closely monitored or regulated, the presence of marijuana, even for the purposes specified by The Act, may present an increase for illegal conduct and/or activity which adversely affects the health, safety and welfare of the residents of Berlin Township.

e. Nothing in this Ordinance shall be construed to allow persons to engage in conduct that endangers others or causes a public nuisance, or to allow use, possession or control of marijuana for non-medical purposes or allow any other activity relating to cultivation/growing, distribution or consumption of marijuana that is otherwise illegal.

2. Medical Marijuana Dispensary, Compassion Centers or other similar operation for the consumption or distribution of medicinal marijuana. It shall be unlawful for any person or entity to own, manage, conduct, or operate a medical marijuana dispensary, compassion center or other similar operation, or to participate as an employee, contractor, agent or volunteer, or in any other manner or capacity, in any medical marijuana dispensary, compassion center, growth facility, growth cooperative or other similar operation in Berlin Township.

3. Registered Primary Caregiver. A registered primary caregiver, in compliance with the General Rules of the Michigan Department of Community Health, The Act and the requirements of this section, shall be permitted to grow marijuana as a home occupation subject to the applicable provisions of Section 1226A. Nothing in this section, or in any other regulatory provision, is intended to grant, nor shall there be construed as granting, immunity from criminal prosecution under Federal Law. The following requirements for a registered primary caregiver shall apply:

a.       The primary caregiver shall be required to register the subject activity at the Township. Such registration shall include an application that will remain on file at the Township Clerk's office for the duration of the time that medical marijuana is grown on site;

b. The medical use of marijuana shall comply at all times and in all circumstances with The Act and the General Rules of the Michigan Department of Community Health, as they may be amended from time to time;

c. A registered primary caregiver must be located outside of a one-thousand (1,000) foot radius from any school facilities, child care or day care facilities or churches, to insure community compliance with Federal "Drug-Free School Zone" requirements;

d.         Not more than one (1) primary caregiver shall be permitted to service qualifying patients in an approved dwelling unit;

e. All medical marijuana shall be contained within the main building in an enclosed, locked facility inaccessible on all sides and equipped with locks or other security devices that permit access only by the registered primary caregiver or qualifying patient;

f. All necessary building, electrical, plumbing and mechanical permits shall be obtained for any portion of the residential structure in which electrical wiring, lighting and/or watering devices that support the production of marijuana are located;

g. That portion of the residential structure where energy usage and heat exceeds typical residential use, such as a grow room, and the storage of any chemicals such as herbicides, pesticides, and fertilizers shall be subject to inspection and approval by the Berlin Township Fire Department to insure compliance with the Michigan Fire Protection Code.

h. Lights visible from the exterior of a structure that are utilized in the growing process shall not be permitted to operate between the hours of 11:00 PM and 6:00 AM.

Definitions

Medical Marijuana Dispensary, Compassion Center or similar operation for the consumption of medicinal marijuana is any facility or location where medical marijuana is grown or possessed for the purpose of distributing to a registered primary caregiver who does not reside at the location where the medical marijuana is grown, cultivated, or possessed, or any facility or location where medical marijuana is grown, processed, possessed where a means is provided for the purpose of distributing or facilitating the distribution of medical marijuana to more than a cumulative total of five (5) qualified patients.

Registered Primary Caregiver Means a primary caregiver as defined in the Michigan Medical Merihuana Act, MCL 33.26421, et seq., (the "Marihuana Act") who has been issued a registry identification card pursuant to the Marihuana Act and/or the administrative rules promulgated thereunder.