Growing of Marihuana (Marijuana) at a home location in accordance with the Michigan Medical Marihuana Act: PA 2008, Initiated Law 1, MCL 333.26421 et seq., as amended is a Home Occupation and requires a Special Use approval process with a hearing and a permit. The following information is the regulation and requirements of Zoning Ordinance number 117, as amended, Section 11.22 (C) Home Occupation, Class 2:

(C) Caregivers provided for in the Michigan Medical Marihuana Act are considered to be Class 2 Home Occupations and shall comply with the following additional special performance standards.

1. Caregiver home occupations are only permitted in detached single family dwellings and are not permitted in multi-family or apartment buildings.
2. If the Caregiver is not the property owner, the property owner must consent, in writing, to the Home Occupation.
3. Caregiver home occupations may not be located within 1,000 feet of any school or library, as defined by the Michigan Public Health Code, 1978 PA 368, as amended, MCL 333.7410, to insure community compliance with federal “Drug-Free School Zone” requirements and outside a 500 foot radius of any church or township park. This distance shall be measured from property line to property line. Only one (1) Caregiver Home Occupation may be permitted per parcel and must be operated only by a member or members of the immediate family residing on the premises.
4. No Caregiver can devote more than 25 percent of his or her home or accessory structure to growing and dispensing medical marijuana. This space must be located within the single family dwelling (including basement), attached garage or accessory building, as long as all residential Building Code and State requirements are met.
5. If the room in which plants are grown contains a window(s), and lighting in that room exceeds typical residential levels to support plant growth, the window(s) shall be shielded with shades, blinds or other devices to reduce light spillover to levels commonly associated with residential areas.
6. The premises must be open for inspection upon request from the Building/Zoning Official, Fire Department and Police Department.
7. The Caregiver must comply at all times with applicable laws and regulations in Michigan, and must be registered with, and possess, a valid State of Michigan Caregiver Registry Identification Card.
8. All Medical Marijuana must be contained within an enclosed, locked facility inside a primary or accessory structure and the Home Occupation shall not be visible from the street nor change the outside appearance of the structures nor alter the residential character of the premises.
9. A valid Zoning Permit shall be readily available for inspection at all times and such permit may be revoked, at any time, for any Home Occupation not in complete compliance with this section and/or the Special Use as approved.
10. Zoning permits for a Caregiver Home Occupation shall be valid for no more than Two (2) years from date of issue, permits may be renewed on a bi-annual basis, by the Zoning Official, after an application is filed and provided the Home Occupation remains to conform to the original approval and the requirements of this section. Any Caregiver Home Occupation that has expired, been revoked or has found to not be in compliance with this section and/or original approval, shall be considered a new use and require application and review as such.

Definitions:

Caregiver: A person who is at least 21 years old who possesses marihuana plants and assists with a patient’s medical use of marihuana in accordance with all associated Michigan laws and regulations. A Caregiver possesses a Registry Identification Card issued by the State of Michigan and may assist not more than 5 qualifying patients with their medical use of marihuana.

Michigan Medical Marihuana Act: PA 2008, Initiated Law 1, MCL 333.26421 et seq., as amended.

Registry Identification Card: A card issued by the State of Michigan pursuant to the Michigan Medical Marihuana Program within the Michigan Department of Licensing and Regulatory Affairs, that allows the medical use of marihuana by a visiting qualifying patient, or to allow a person to assist with a visiting qualifying patient’s medical use of marihuana.

For questions or to file an application, contact the Zoning Official by email: mdemski@erietownship.com or call: 734-848-5915 ext.5