Jul 21, 20238 min read

Jackson Cannabis Ordinances

Sec. 16-512. Requirements for medical marihuana home uses.

For purposes of a medical marihuana home use, the following shall apply:

(a) A registered qualifying patient may grow twelve (12) marihuana plants for his or her personal use in his or her primary residence. (b) A primary caregiver may grow twelve (12) marihuana plants in his or her primary residence, or any location permitted by state law, for each of up to five (5) registered qualifying patients with whom the primary caregiver is connected to through the Michigan Licensing and Regulatory Affairs Division (LARA) or its successor agency. (c) A primary caregiver also may grow twelve (12) marihuana plants for himself or herself if the primary caregiver is also a registered qualifying patient. (d) A primary caregiver may only transfer medical marihuana to a maximum of five (5) qualifying patients with whom the primary caregiver is registered through LARA. (e) Not more than twenty (20%) percent of the total floor area, including a basement, of a dwelling unit can be used for the growing of medical marihuana plants. (f) The principal use of the dwelling used for the medical marihuana home use must be residential occupancy and must be in actual use as such. (g) There shall be no on-site person-to-person transfers of medical marihuana on the premises of a primary caregiver, however a primary caregiver may deliver medical marihuana to the primary residence of his or her registered qualifying patients without the use of a secured transporter. (h) There can be no alteration to or activity at the exterior of the dwelling or yard that alters the residential character of the premises. (i) The medical marihuana home use must not generate a volume or character of pedestrian or vehicular traffic beyond that normally generated by homes in the residential neighborhood. (j) Only off-street parking facilities that are normal for residential use and located on the premises may be used. (k) No offensive noise, vibration, smoke, dust, odor, heat or glare noticeable at or beyond the property line is permitted. (l) All medical marihuana plants must be contained in an enclosed, locked facility as that term is defined by Michigan law. (m) If medical marihuana plants are contained in an enclosed, locked facility. The enclosed, locked facility must be:

(1) Located farther than one thousand (1,000) feet from a school or library; and (2) In compliance with all building and zoning regulations for accessory structures contained in chapters 14 and 28 of this Code.

(n) The outdoor cultivation of medical marihuana must comply with the Rules and applicable State law, as amended. (o) A medical marihuana home use must be in compliance with all provisions of this Code. (p) A medical marihuana home use must be in compliance with the Michigan Medical Marihuana Act, and its rules and regulations, as amended.

(Ord. No. 2019-13, § 2, 10-15-19; Ord. No. 2020-15, § 2, 9-8-20)

Sec. 16-513. License required for adult-use marihuana establishment.

It shall be unlawful to operate a marihuana establishment, which includes a marihuana grower, marihuana safety compliance facility, marihuana microbusiness, marihuana retailer, marihuana secure transporter, or any type of marihuana-related business licensed by the State of Michigan without first obtaining a City of Jackson "City" license to operate pursuant to this article and having a validly issued license in good standing from the State of Michigan, and having paid all applicable fees. Any person violating this section shall be punished by fine of up to five hundred dollars ($500.00). Each day that a violation continues shall be considered a separate and distinct offense.

(Ord. No. 2019-13, § 2, 10-15-19; Ord. No. 2020-15, § 2, 9-8-20)

Sec. 16-519. General requirements for all medical marihuana facilities and adult-use marihuana establishments.

(a) All activities related to marihuana, including those related to a provisioning center, a retailer, a grower facility, a processor facility, a microbusiness, a secure transporter, or a safety compliance facility shall be in compliance with the MMMA, the MMFLA, the MRTMA, the rules and advisory opinions of the Medical Marihuana Licensing Board, the Michigan Department of Licensing and Regulatory Affairs or any successor agency, and the Code of Ordinances, resolutions, rules and regulations of the City of Jackson. (b) Any prospective licensee who engaged in the cultivation or processing of marihuana into a usable form, or the distribution of marihuana, or the testing of marihuana either prior to or after enactment of this chapter but without obtaining the required licensing set forth in chapter 16 of the Code shall be deemed to not be a legally established use and therefore not entitled to legal nonconforming status under the provisions of this chapter, chapter 28 of the Code, any other provision of the City Code, and/or under state law. The city finds and determines that at the time of adoption of this article, the city has not previously authorized or licensed the existence of any medical marihuana facility, as defined herein, in the city. (c) All facilities shall withhold City of Jackson income taxes from the pay of employees and timely submit all withholdings and documentation. (d) Before hiring a prospective employee of the applicant, the holder of a license shall conduct a background check of the prospective employee. If the background check indicates a conviction within the past ten (10) years for a controlled substance-related felony, the applicant shall not hire the prospective employee without written permission from the city clerk after approval from the committee; (e) No advertisements or packaging shall be targeted to appeal to minors. No packaging shall substantially resemble any form of candy, snack food, drink or other edible item not containing marihuana currently for sale to the general public. All edible marihuana product must be in child resistant packages or containers. All packaging of edible marihuana product shall conform to the MMFLA, the MRTMA, the Rules and all Advisory Bulletins. (f) No doctor shall be permitted to offer certifications or examinations at the facility. (g) No alcohol, cigarettes, or over the counter pharmaceuticals may be sold on the premises. (h) Consumption of marihuana shall be prohibited on the premises of a medical marihuana facility, and a sign shall be posted on the premises of each facility indicating that consumption is prohibited on the premises. This exclusion does not apply to adult use marihuana consumption establishments; (i) All capitulation requirements of the MMFLA must be shown to be met. (j) All facilities must have an approved certificate of occupancy and zoning certificate at the time of application or the application will not be considered. (k) All notification and reporting requirements required by the Rules, as amended, must be followed concerning reporting of theft or diversion of marihuana product. (l) The State of Michigan and city licenses must be prominently displayed at all times. (m) No noise, dust, odors or other nuisance conditions in violation of the Code are permitted on the premises. (n) No person is permitted to reside in a medical marihuana facility or adult-use marihuana establishment. (o) The premises shall be open, at all times, to fire fighters and police officers of the department of police and fire services, without a warrant and without notice to the licensee, to enter the premises, offices, facilities, or other places of business of a licensee, if there is probable cause of noncompliance with the MMMA, MMFLA, the MRTMA, the Code or applicable state laws will be found and consistent with constitutional limitations, for the following purposes:

(1) To inspect and examine all premises; (2) To inspect, examine, and audit relevant records of the licensee and, if the licensee or any managerial employees or employees fails to cooperate with an investigation, impound, seize, assume physical control of, or summarily remove from the premises all books, ledgers, documents, writings, photocopies, correspondence, records, and videotapes, including electronically stored records, money receptacles, or equipment in which the records are stored; (3) To inspect the person, and inspect or examine personal effects present in a medical marihuana facility or adult-use marihuana establishment, of any holder of state operating license while that person is present in a medical marihuana facility or adult-use marihuana establishment; and (4) To investigate alleged violations of the MMMA, MMFLA, MRTMA or applicable state laws.

(p) All marihuana shall be contained within an enclosed, locked facility in accordance with the MMMA, MMFLA, or MRTMA as amended. (q) There shall be no other accessory uses permitted within the facility. (r) Litter and waste shall be properly removed and the operating systems for waste disposal are maintained in an adequate manner so that they do not constitute a source of contamination in areas where marihuana is exposed; (s) Facilities shall be free from infestation by insects, rodents, birds, or vermin of any kind. There shall be adequate screening or other protection against the entry of pests. (t) Rubbish shall be disposed of so as to minimize the development of odor and minimize the potential for waste becoming an attractant, harborage or breeding places for pests. (u) Disposal of marihuana shall be accomplished in a manner that prevents its acquisition by any person who may not lawfully possess it and otherwise in non-conformance with state laws; (v) Marihuana that can support the rapid growth of undesirable microorganisms shall be held in a manner that prevents the growth of these microorganisms; (w) Signage shall comply with the Code and with all state laws and rules and advisory bulletins of LARA. (x) In addition to all security measures required by the State of Michigan, all medical marihuana facilities or adult-use marihuana establishments shall continuously monitor the entire premises on which they are operated with surveillance systems that include security cameras capable of recording with reasonable clarity at night. The video recordings shall be maintained in a secure, off-site location for a period of thirty (30) days. (y) The dispensing of medical marihuana for consumption at the premises shall be prohibited. (z) Facilities shall not be operated in a manner creating noise, dust, vibration, glare, fumes, or odors detectable to normal senses beyond the boundaries of the property on which the facility is operated. (aa) The public or common areas must be separated from restricted or non-public areas. (bb) It shall be prohibited to use the symbol or image of a marihuana leaf in any exterior building signage.

(Ord. No. 2019-13, § 2, 10-15-19; Ord. No. 2020-05, § 2, 5-26-20; Ord. No. 2020-15, § 2, 9-8-20)

Sec. 16-528. No other marihuana uses authorized.

Marihuana use, growing and transfer shall only be permitted in the city if and in the manner expressly authorized in this article.

(Ord. No. 2019-13, § 2, 10-15-19; Ord. No. 2020-15, § 2, 9-8-20)

Sec. 18-156. Possession/use of marihuana.

No person shall knowingly and intentionally possess or marihuana unless the use and possession of marihuana shall be in in compliance with the Medical Marihuana Facilities Licensing Act, the Michigan Medical Marihuana Act and the Michigan Regulation and Taxation of Marihuana Act, and all other provisions of the City of Jackson Code of Ordinances, as amended.