Orion Twp. – ADOPTION OF ORDINANCE 154-3AMENDMENT TO ORDINANCE NO. 154LICENSED MARIHUANA FACILITIES

NOTICE

CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 154-3
AMENDMENT TO ORDINANCE NO. 154
LICENSED MARIHUANA FACILITIES

The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, July 18,
2022, held at 7:00 p.m., at the Orion Township Municipal Complex Board Room, 2323 Joslyn
Rd., Lake Orion, Michigan 48360, adopted an Ordinance to amend the procedure under which
applications are received and processed; clarify annual fees; update the name of the state
licensing board; to provide penalties for violation of this Ordinance; to provide for severability;
to repeal all Ordinances or parts of Ordinances in conflict therewith and to provide an effective
date.
THE CHARTER TOWNSHIP OF ORION ORDAINS:
SECTION 1 of Ordinance

Articles I, II, VII, X, XII and XIV of Ordinance No. 154 shall be amended by placing the
hereinafter described language in the Sections as follows:
ARTICLE I – INTERPRETATION AND CONFLICTS
1. Any term defined by the Michigan Medical Marihuana Act, MCL 333.26421 et seq., as amended (“MMMA”),
and the Michigan Medical Marihuana Facilities Licensing Act, MCL 333.27101, et seq., as amended
(“MMFLA”) and the Michigan Regulation and Taxation of Marihuana Act, MCL 333.27951, et seq., as
amended (“MRTMA”) shall have the definition given in the Act, as amended. If the definition of a word or
phrase set forth below conflicts with the definition in the MMMA, MMFLA, or MRTMA or if a term is not
defined but is defined in the MMMA, MMFLA or MRTMA then the definition in the MMMA, MMFLA, or
MRTMA shall apply.

* * *

ARTICLE II – DEFINITIONS
The following terms shall have the definitions given:
1. “Annual Fee” means the annual fee of up to Five Thousand Dollars ($5,000.00) as set by Resolution of the
Orion Township Board of Trustees, which the Township shall assess on an annual basis to defray the cost of
administration and enforcement of this Ordinance.
* * *

11. “Marihuana Regulatory Agency” or MRA means the agency responsible for issuing licenses to medical and
recreational marihuana facilities.

* * *
ARTICLE VII – APPLICATION PROCEDURE
1. All Permit Applicants required by this Ordinance shall file an application with the Township Building Official
or designee. While this Article is intended to set forth the application process and timeline, no failure of the
Township to act shall result in the approval of a Permit. Rather, an Applicant may appeal to the Township
Board of Trustees for any alleged failure to act or timely Act under this Ordinance. The Board of Trustees will
take action on the appeal within thirty (30) days.
a. The Township Building Official, or designee shall promptly review the Application for defects and notify
Applicant in writing within five (5) business days of submission whether the Application is complete or
requires additional information.
b. If the Application is complete, within seven (7) business days, the Building Official, or designee, shall
forward the complete Application for review by the appropriate representatives of the Township’s Planning
and Zoning, Building, and Fire Departments.

c. If the Application is incomplete, the Applicant shall have thirty (30) calendar days from receipt of the
written notice of any defect to supplement the Application for the purpose of curing any defect. Within
five (5) business days of receiving the Applicant’s supplementation, the Building Official, or designee,
shall either give written notice to the Applicant that additional information is required, or shall forward the
Application for review as set forth in Section 1(b) above.
d. The Planning and Zoning Department shall confirm the Facility is located within the requirements of
Article VI (Location Requirements).

* * *

2. On or about December 15, 2017, the Township Clerk, or a Township designee, shall notify and file with the
State this authorization and approval under the Act. Thereafter, upon request of the Cannabis Regulatory
Agency, within ninety (90) days of an Application under this Ordinance being filed with the Township, the
Township Building Official, or a designee, shall provide the following to the Cannabis Regulatory Agency
Board:
a. A copy of this Ordinance;
b. A copy of the applicable zoning regulations that apply to the Applicant’s Facility;
c. A description of any violation or non-compliance with any Township Ordinance or applicable zoning
regulations by the Applicant, but only if the non-compliance or violations related to activities Licensed
under the Act or the MMMA have not been cured in accordance with this Ordinance; and
d. The Building Official, or designee, shall give notice to the Applicant of any reported non-compliance or
violation.

* * *

ARTICLE X – STANDARDS APPLICABLE TO MEDICAL MARIHUANA
PROVISIONING CENTERS

* * *

2. Notwithstanding anything to the contrary set forth in Section VII, the Permit procedure for a Medical
Marihuana Provisioning Center involves four (4) stages which are: (i) Application to Township Building
Official, or designee; (ii) Application review and processing by Township personnel; (iii) Decision on the
Permit Applications by Township Board and issuance of all Permits on a date to be set by the Board of Trustees
that is within thirty (30) days after the end of the Application submission period; and (iv) site plan approval as
set forth herein and in accordance with Township's process and procedures set forth in its Zoning Ordinance.

* * *

4. All Medical Marihuana Provisioning Centers are required to have submitted a proposed site plan to the
Township in accordance with Article VII with its Permit Application. In reviewing and acting on Applications
for Facility licenses under this Ordinance, the Township Board shall base its decisions on the standards outlined
under this Ordinance and one or more of the following criteria:
* * *

k. Whether the Applicant has provided an explanation with supporting factual data if applicable, of potential
community benefits, including but not limited to, the following: economic benefits to the Township and its
residents, plans for community outreach such as contributions to organizations that provide community
drug awareness and education programs, and commitment to philanthropic or charitable activities of the
Applicant within the Township.
l. Other criteria indicated as being important for consideration by any appropriate department of the
Township or Board members.

* * *

ARTICLE XII – PENALTIES
1. The Township may require an Applicant or Licensee of a Licensed Marihuana Facility to produce documents,
records, or any other material pertinent to the investigation of an Application or alleged violation of this
Ordinance or State law. Failure to provide the required material may be grounds for Permit denial, revocation or
suspensions;
2. Any person in violation of any provision of this Ordinance or any provision of a Permit issued under this
Ordinance is responsible for a misdemeanor, punishable by a fine of up to Five Hundred Dollars ($500.00), plus
cost of prosecution, ninety (90) days imprisonment, or both, for each violation. This Section is not intended to
prevent enforcement of any provision of any other Ordinances or State law;

3. All fines imposed under this Ordinance shall be paid within forty-five (45) days after the effective date of the
Order imposing the fine or as otherwise specified in the Order;
4. The Township Building Official, or designee, may temporarily suspend a Licensed Facility License without a
Hearing if the Township Building Official, or designee, finds that public’s safety or welfare requires immediate
action. The Township Building Official, or designee, shall cause the temporary suspension by issuing a
Suspension Notice;
5. If the Township Building Official, or designee, temporarily suspends a Permit without a Hearing, the Permittee
is entitled to a Hearing within ten (10) days after the Suspension Notice has been issued. The Hearing shall be
limited to the issues cited in the Suspension Notice; and
6. If the Township Board of Trustees does not hold a Hearing within ten (10) days after the date the Suspension
Notice was issued, then the suspended License shall be automatically reinstated and the suspension vacated.
ARTICLE XIII – SAVINGS CLAUSE
Nothing in this Ordinance hereby adopted shall be construed to affect any just or legal right or remedy of any
Chapter, nor shall any just or legal right or remedy of any Chapter be lost, impaired or affected by this Ordinance.
ARTICLE XIV – SEVERABILITY
The provisions of this Ordinance are hereby declared to be severable. If any Article, Chapter, Section or provision is
hereafter declared, void, or unenforceable for any reason by a court of competent jurisdiction, it shall not affect the
remainder of this Ordinance which shall continue in full force and effect. In the event of a final court decision,
Michigan Department of Licensing and Regulatory Affairs Ruling, or any other Legislative action, which
specifically and legally prohibits the limited prohibition on retail sale as stated in Article III above, this Ordinance
shall be interpreted as a complete opt-out and prohibition of all recreational marihuana establishments within the
Township pursuant to Initiated Law 1 of 2018, Proposal 1 of 2018 as may be amended.
ARTICLE XV – EFFECTIVE DATE
This Ordinance shall be published in a newspaper of general circulation in the Township of
Orion, and shall become effective upon publication, as provided by law.
Copies of the Ordinance are on file in the office of the Township Clerk, 2323 Joslyn, Lake
Orion, Michigan, 48360, and may be examined during normal business hours, 8:30 a.m. to 4:30
p.m., Monday through Friday.

Penny S. Shults, Clerk
Charter Township of Orion

Publish: 07.27.22

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