MapLink™ | Procedures | 9.13 Medical use of marihuana by a primary caregiver

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9.13 Medical use of marihuana by a primary caregiver
Medical use of marihuana by a primary caregiver.
A primary caregiver may engage in the medical use of marihuana only as a medical marihuana home occupation as authorized in this section and in Article 39-2: Zone Districts. A primary caregiver may also be a qualifying patient.
1. Procedure for approval.
a. A primary caregiver who meets the criteria for a medical marihuana home occupation under this section shall be allowed only if the property owner or tenant first obtains a permit from the Zoning Administrator, subject to ongoing compliance with this section.
b. The application shall not require the name or address of a qualifying patient or primary caregiver. The application shall require the consent of a property owner. The application shall be on a form prescribed by the Zoning Administrator.
c. The Zoning Administrator shall issue a permit for a medical marihuana home occupation within 15 calendar days if the Zoning Administrator determines that:
1) The application is complete; and
2) The applicant complies with this section.
d. Confidentiality. Pursuant to MCLA § 333.26426, the name and address of a qualifying patient and primary caregiver, as such, shall not be released to the public, but shall be kept confidential, except to the extent authorized or required by the Act, or to the extent required by the Michigan Freedom of Information Act, or by another law. The location of a medical marihuana home occupation may be disclosed to law enforcement personnel. This section shall not be interpreted to require that the name of a tenant or property owner be kept confidential.
e. Appeals. Appeals from the Zoning Administrator's decision shall be made to the Board of Appeals.
2. Design and operational requirements.
a. A medical marihuana home occupation shall be clearly accessory to the principal residential use of the dwelling.
b. The medical marihuana home occupation shall be limited to a maximum of 50% of the floor area of one story of the dwelling.
c. All activities of the medical marihuana home occupation, including storage, shall be conducted entirely within the interior of the dwelling. No outside storage is permitted.
d. Materials, supplies, and merchandise shall be stored in a manner that does not pose a safety hazard to the dwelling, dwelling occupants, or adjoining properties and occupants, and shall not result in a change of use of the property or an activity prohibited by the Michigan Building Code.
e. There shall be no exterior alteration in the residential character of the premises in connection with the medical marihuana home occupation.
f. The medical marihuana home occupation shall not generate noise, vibrations, smoke, dust, odor, heat, or glare detectable beyond the property lines and not in other dwelling units on the same parcel of property. Furthermore, the home business shall not generate any electrical interference with radio or television transmission in the area that would exceed that which is normally produced by a dwelling unit in a residential zone district used for residential purposes.
g. No signage is permitted for a medical marihuana home occupation.
h. There shall be a maximum of one medical marihuana home occupation per dwelling.
i. There shall be not more than one primary caregiver engaged in the medical use of marihuana per dwelling.
j. A medical marihuana home occupation shall not have employees who do not reside in the dwelling. The primary caregiver shall reside in the dwelling.
k. No marihuana may be kept on site for persons other than qualifying patients a) who have currently designated the primary caregiver as their primary caregiver, or b) who currently reside in the dwelling.
l. Marihuana shall be kept in a fully enclosed, locked room or enclosure accessible only by the primary caregiver.
m. If a room with windows is utilized as a marihuana growing location, any lighting methods that exceed usual residential use between the hours of 11:00 p.m. and 6:00 a.m. shall employ shielding methods, without alteration to the exterior of the residence, to prevent ambient light spillage.
n. An owner or tenant shall arrange for, and comply with, an inspection conducted to determine compliance with this section, prior to operation of a medical marihuana home occupation.
o. A medical marihuana home occupation shall comply with all other applicable local and state laws and regulations, including, but not limited to, building, electrical, plumbing, mechanical, and maintenance codes and permit requirements under such codes and within the Act.
p. There shall be no visits by qualifying patients or other medical marihuana users generated by the medical marihuana home occupation (other than persons who reside in the dwelling). There shall be no on-site pickup or delivery of medical marihuana by qualifying patients, other medical marihuana users, or others. There shall be no deliveries in public rights-of-way or on public property.
q. The home occupation shall not require additional on-street or off-street parking.
r. The delivery and pickup of goods and materials used and/or produced in the operation of the medical marihuana home occupation shall be limited to the customary delivery and pickup of mail and packages common to residential property. Such deliveries and pickups shall not require a vehicle larger than a step-type van.
s. The medical marihuana home occupation shall not be within 1,000 feet of a preexisting public or private school providing education in kindergarten or any of grades 1 through 12 or within 100 feet of a public or private youth center or public swimming pool.

Annual renewal of permit.
A permit for a medical marihuana home occupation shall be renewed annually upon determination that the medical marihuana home occupation continues to comply with the criteria of this section. The applicant for renewal shall arrange for, and comply with, an inspection conducted to determine compliance with this section.

See Sec. 39-9.13: Medical marihuana (marijuana) for more information.
See Zoning Applications for more information.