Orion Twp. – ADOPTION OF ORDINANCE 154-4 AMENDMENT TO ORDINANCE NO. 154 LICENSED MARIHUANA FACILITIES

NOTICE

CHARTER TOWNSHIP OF ORION
ADOPTION OF ORDINANCE 154-4
AMENDMENT TO ORDINANCE NO. 154
LICENSED MARIHUANA FACILITIES

The Charter Township of Orion Board of Trustees, at the regular meeting of Monday, September
19, 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 allow four existing Medical
Marihuana Provisioning Centers to operate as adult-use marihuana retailers; 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, III, IV, V, VI, IX and XIX of Ordinance No. 154 shall be amended, Article X shall
be deleted, and Articles XI through XV renumbered, by placing the hereinafter described
language in the Sections as follows:
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.
2. All activities related to Licensed Marihuana Facilities, including those related to a Medical or Adult-use
Marihuana Cultivation/Grower Facility, Secure Transporter, Processor, Provisioning Center/Marihuana Retailer
or a Safety Compliance Facility shall be in compliance with the rules of the Michigan Department of Licensing
and Regulatory Affairs, MRA, or any successor agency, and the rules, ordinances and regulations of the Charter
Township of Orion.
3. Any use which purports to have engaged in the cultivation processing, or sale of medical or adult-use marihuana
into a usable form, or the distribution or testing of marihuana without obtaining the required licensing set forth
in this Ordinance, shall be deemed not to be a legally established use, and therefore not entitled to legal
nonconforming status under the provisions of this Ordinance and/or State law.

* * *

ARTICLE II – DEFINITIONS
The following terms shall have the definitions given:
* * *

8. “Licensed Marihuana Facility” or Facility means the building, buildings or parcel in or on which the Permit
Holder shall operate as a medical or adult-use marihuana Grower, Processor, Secured Transporter, Medical
Marihuana Provisioning Center/Marihuana Retailer, Registered Primary Caregiver Operation or Safety
Compliance Facility as those terms are defined under the MMA, MMFLA, and MRTMA, as may be amended.
9. “Marihuana Grower” as that term is defined in the MMFLA (PA 28 of 2016, MCL 33.27101 et seq., as may be
amended) and MRTMA (Initiated Law 1 of 2018, MCL 333.27951 et seq., as may be amended).
10. “Marihuana-Infused Product” means a topical formulation, tincture, beverage, edible substance, or similar
product containing any usable marihuana that is intended for human consumption in a manner other than smoke
inhalation.
11. “Marihuana Microbusiness” as that term is defined under MRTMA Initiated Law 1 of 2018, MCL 333.27951 et
seq., as may be amended.

12. “Marihuana Regulatory Agency” or MRA means the agency responsible for issuing licenses to medical and
adult-use marihuana facilities.
13. “Marihuana Retailer” as that term is defined under MRTMA Initiated Law 1 of 2018, MCL 333.27951 et seq.,
as may be amended that may only operate in a location where a Medical Marihuana Provisioning Center has
been approved by the State of Michigan and Orion Township.
* * *

22. “Processor” shall have the same meaning as the term defined in PA 281 of 2016, MCL 333.27101 et seq.; and
Initiated Law 1 of 2018 MCL 333.27953 et seq. PA 281 of 2016, MCL 333.27101 et seq., shall apply to
medical marihuana facilities; and Initiated Law 1 of 2018 MCL 333.27953 et seq., shall apply to adult-use
marihuana facilities.
23. “Provisioning Center” or “Medical Marihuana Provisioning Center” means a Licensed Facility located in
Michigan that purchases marihuana from a Grower or Processor and sells, supplies, or provides medical
marihuana to qualifying patients directly or through the patients’ primary caregivers, and includes any location
where medical marihuana is sold at retail only to qualifying patients or primary caregivers.
24. “Safety Compliance Facility” shall have the same meaning as the term as defined in PA 281 of 2016, MCL
333.27101 et seq.; and Initiated Law 1 of 2018 MCL 333.27953 et seq. PA 281 of 2016, MCL 333.27101 et seq.,
shall apply to medical marihuana facilities and Initiated Law 1 of 2018 MCL 333.27953 et seq., shall apply to
adult-use facilities.
25. “Secured Transporter” shall have the same meaning as the term as defined in PA 281 of 2016, MCL 333.27101
et seq.; and Initiated Law 1 of 2018, MCL 333.27953 et seq., and PA 281 of 2016, MCL 333.27101 et seq.,
shall apply to medical marihuana facilities; and Initiated Law 1 of 2018, MCL 333.27953 et seq., shall apply to
adult-use marihuana facilities.
26. “State Operating License” means a license issued by LARA that allows the licensee to operate as, among other
things, a medical or adult-use Grower, Processor, Secured Transporter or Safety Compliance Facility.

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ARTICLE III – APPROVED LICENSED MARIHUANA FACILITIES
Pursuant to Section 205(1) of the Act, by the adoption of this Ordinance, the Township authorizes and regulates the
following marihuana activities and/or facilities for operation within the municipality within the Industrial Park
("IP") Zoning District: Marihuana Grower, Marihuana Processor, Safety Compliance Facility, Medical Marihuana
Provisioning Center, Caregiver Operations, Secured Transporters, and Marihuana Retailer subject to the provisions
set forth herein.
Any person or entity who has obtained all applicable licensing and approvals from the State of Michigan and
obtained a permit under this Ordinance for the operation of a Medical Marihuana Provisioning Center may operate
as a Marihuana Retailer on the same location approved for a Medical Marihuana Provisioning Center beginning
upon the effective date of this ordinance, contingent upon the person or entity having obtained all other approvals
from the State as required by MRTMA Initiated Law 1 of 2018, MCL 333.27951 et seq., as may be amended or any
other applicable State law to operate a Marihuana Retailer Facility. Such persons or entities shall not be required to
obtain an additional permit from the Township. A Marihuana Retailer Facility may not operate on any other location
other than a location where a Medical Marihuana Provisioning Center has been approved to operate prior to
September 1, 2022.
The authorization for persons or entities who have obtained state and local approval to operate a Medical Marihuana
Provisioning Center in the Charter Township of Orion to be authorized to also operate as a Marihuana Retailer shall
not be construed as allowing an increase in permits available for Medical Marihuana Provisioning Centers, which
shall remain limited to the number set forth in Sec V of this Ordinance. Nor shall such authorization be construed as
waiving the necessity for any person or entities who are eligible to operate as a Marihuana Retailer in the Charter
Township of Orion to comply with all applicable state law, including state law or regulations administered by the
Cannabis Regulatory Agency (or any successor of that Department), and it is the burden of the licensed entity to
investigate whether an additional license or permit is required under state law.”
ARTICLE IV – PROHIBITION OF CERTAIN LICENSED MARIHUANA FACILITIES
The Charter Township of Orion hereby prohibits Adult-use and opts out of the following State licenses under
MMFLA and/or MRTMA as applicable: Type A & B Marihuana Growers Licenses, Marihuana Event Organizer
License, Marihuana Microbusinesses. Temporary Marihuana Event, and Designated Consumption Establishment.
None of these Licensed Facilities may operate within the boundaries of the Township; however, all other licenses
and uses under MMFLA and MRTMA, shall be permitted subject to the limitations set forth in Article V and all
applicable provisions of the Townships Zoning Ordinance (Ordinance No. 78).

ARTICLE V – PERMIT REQUIREMENTS
1. Any Person or entity who wishes to operate as a licensed Grower, Processor, Safety Compliance Facility,
Medical Marihuana Provisioning Center/ Marihuana Retailer, Caregiver Operation, or Secured Transporter in
the Township shall obtain a Permit issued under this Ordinance and must obtain the applicable State Operating
License.

* * *

6. A Person or entity who receives a Permit under this Ordinance shall display his/her Permit and State Caregiver,
Medical, and/or Adult-use Marihuana Facility License in plain view and clearly visible to Township officials
and the Marihuana Regulatory Agency’s authorized agents.
* * *
ARTICLE VI – LOCATION REQUIREMENTS
* * *

9. Growers, Processors, Safety Compliance Facilities, Caregiver Operations, and Secured Transporters may
operate within the same building. A Medical Marihuana Provisioning Center/Marihuana Retailer may not
operate within the same building as any other Licensed Facility, except for a Processor associated with the
Medical Marihuana Provisioning Center.

* * *

14. Based upon an Application for, or amendment of, a Conditional Rezoning, Planned Unit Development, or
other use Development Agreement of sufficient specificity, it is within the sole discretion and judgment of the
Township Board of Trustees to consider and waive any or all of the Location Requirements of this Article VI
based upon any or all of the following factors:
* * *

d. The above waiver of location requirements shall have no effect on the prohibition on adult-use marihuana
retail (dispensaries) facilities which remain prohibited under this Ordinance and are not subject to waiver by
the Board of Trustees or any other Board, Commission or Officer of the Township. Except as provided by
law, the Board of Trustees' decision on any location waiver is discretionary within the standards set forth
herein and is a final decision and not appealable to any Township Board or Commission. It is the intent of
this Ordinance to only approve a location waiver in unique and rare circumstances where no substantial
public benefit is derived from its denial.

* * *

ARTICLE IX – MINIMUM OPERATIONAL STANDARDS FOR LICENSED
MARIHUANA FACILITIES AND CAREGIVER OPERATIONS
1. The following minimum standards for Licensed Marihuana Facilities and Caregiver Operations shall apply:
a. The Licensed Marihuana Facility and Caregiver Operations shall comply at all times and in all
circumstances with the Michigan Medical Marihuana Act (MMMA), the Michigan Regulation and
Taxation of Marihuana Act (MRTMA), and the general rules of the Department of Licensing and
Regulatory Affairs (LARA), as they may be amended from time to time. Provisioning centers/ Marihuana
Retailers shall be limited to the hours of 9:00 am. to 10:00 pm.;
* * *

2. Except for Provisioning Centers/ Marihuana Retailers, exterior signage or advertising identifying the Facility as
a medical marihuana Facility shall be prohibited. Provisioning Centers shall be subject to the Township
Ordinances regarding retail signage.
ARTICLE X – REVOCATION OR DENIAL OF RENEWAL

* * *

ARTICLE XI – PENALTIES

* * *

ARTICLE XII – SAVINGS CLAUSE

* * *

ARTICLE XIII – 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 adult-use marihuana establishments within the
Township pursuant to Initiated Law 1 of 2018, Proposal 1 of 2018 as may be amended.
ARTICLE XIV – EFFECTIVE DATE

* * *

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

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