§ 30-502. Definitions.

The following words, terms and phrases when used in this article shall have the meanings ascribed to them in this section, except where the context clearly indicates a different meaning:

Applicant means a person who applies for a state operating license. With respect to disclosures in an application, or for purposes of ineligibility for a license, the term applicant includes an officer, director, and managerial employee of the applicant and a person who holds any direct or indirect ownership interest in the applicant.

Board means the medical marihuana licensing board created pursuant to part 3 of the MMFLA.

Cultivate or cultivation means all phases of marihuana growth from seed to harvest; and the preparation, packaging, and labeling of harvested usable marihuana.

Department means the state department of licensing and regulatory affairs, or its successor agency.

Grower means a licensee that is a commercial entity that cultivates, dries, trims, or cures and packages marihuana for sale to a processor or provisioning center.

Licensee means a person holding a state operating license.

Marihuana means that term as defined in section 7106 of the public health code, 1978 PA 368, MCLA 333.7106.

Marihuana commercial entity means any and all of the following marihuana facilities:

(1)

A grower;

(2)

A processor;

(3)

A secure transporter;

(4)

A provisioning center;

(5)

A safety compliance facility.

Marihuana facility means a location at which a licensee is licensed to operate under the MMFLA and this article.

Marihuana plant means any plant of the species cannabis sativa L.

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. Marihuana-infused product shall not be considered a food for purposes of the food law, 2000 PA 92, MCLA 289.1101 et seq.

Michigan Medical Marihuana Act or MMMA means 2008 IL 1, MCLA 333.26421 et seq., as may be amended.

Michigan Medical Marihuana Facilities Licensing Act or MMFLA means Public Act 281 of 2016, MCLA 333.27101 et seq., as may be amended.

Michigan Marihuana Tracking Act means Public Act 282 of 2016, MCLA 333.27901 et seq., as may be amended.

Paraphernalia means any equipment, product, or material of any kind that is designed for or used in growing, cultivating, producing, manufacturing, compounding, converting, storing, processing, preparing, transporting, injecting, smoking, ingesting, inhaling, or otherwise introducing into the human body, marihuana.

Person means an individual, corporation, limited liability company, partnership, limited partnership, limited liability partnership, limited liability limited partnership, trust, or other legal entity.

Plant means any living organism that produces its own food through photosynthesis and has observable root formation or is in growth material.

Processor means a licensee that is a commercial entity that purchases marihuana from a grower and that extracts resin from the marihuana or creates a marihuana-infused product for sale and transfer in packaged form to a provisioning center.

Provisioning center means a licensee that is a commercial entity that purchases marihuana from a grower or processor and sells, supplies, or provides marihuana to registered qualifying patients, directly or through the patients' registered primary caregivers. Provisioning center includes any commercial property where marihuana is sold at retail to registered qualifying patients or registered primary caregivers. A noncommercial location used by a primary caregiver to assist a qualifying patient connected to the caregiver through the department's marihuana registration process in accordance with the Michigan Medical Marihuana Act is not a provisioning center for purposes of this article.

Registered primary caregiver means a primary caregiver who has been issued a current registry identification card under the MMMA.

Registered qualifying patient means a qualifying patient who has been issued a current registry identification card under the MMMA or a visiting qualifying patient as that term is defined in the MMMA.

Registry identification card means that term as defined in the MMMA.

Rules mean rules promulgated by the department in consultation with the board to implement this act.

Safety compliance facility means a licensee that is a commercial entity that receives marihuana from a marihuana facility or registered primary caregiver, tests it for contaminants and for tetrahydrocannabinol and other cannabinoids, returns the test results, and may return the marihuana to the marihuana facility.

Secure transporter means a licensee that is a commercial entity that stores marihuana and transports marihuana between marihuana facilities for a fee.

State operating license or, unless the context requires a different meaning, license means a license that is issued under the MMFLA and this article that allows the licensee to operate as one of the following marihuana commercial entities, as specified in the license:

(1)

A grower;

(2)

A processor;

(3)

A secure transporter;

(4)

A provisioning center;

(5)

A safety compliance facility.

Statewide monitoring system or, unless the context requires a different meaning, system means an internet-based, statewide database established, implemented, and maintained by the department under the marihuana tracking act, that is available to licensees, law enforcement agencies, and authorized state departments and agencies on a 24-hour basis for all of the following:

(1)

Verifying registry identification cards.

(2)

Tracking marihuana transfer and transportation by licensees, including transferee, date, quantity, and price.

(3)

Verifying in commercially reasonable time that a transfer will not exceed the limit that the patient or caregiver is authorized to receive under section 4 of the Michigan Medical Marihuana Act, MCLA 333.26424.

True party of interest means:

(1)

For an individual or sole proprietorship: the proprietor and spouse.

(2)

For a partnership and limited liability partnership: all partners and heir spouses. For a limited partnership and limited liability limited partnership: all general and limited partners and their spouses. For a limited liability company: all members, managers, and their spouses.

(3)

For a privately held corporation: all corporate officers or persons with equivalent titles and their spouses and all stockholders and their spouses.

(4)

For a publicly held corporation: all corporate officers or persons with equivalent titles and their spouses.

(5)

For a multilevel ownership enterprise: any entity or person that receives or has the right to receive a percentage of the gross or net profit from the enterprise during any full or partial calendar or fiscal year.

(6)

For a nonprofit corporation: all individuals and entities with membership or shareholder rights in accordance with the articles of incorporation or the bylaws and their spouses.

(7)

For a trust: the names of the beneficiaries.

However, true party of interest does not mean:

(1)

A person or entity receiving reasonable payment for rent on a fixed basis under a bona fide lease or rental obligation, unless the lessor or property manager exercises control over or participates in the management of the business.

(2)

A person who receives a bonus as an employee if the employee is on a fixed wage or salary and the bonus is not more than 25 percent of the employee's pre-bonus annual compensation or if the bonus is based on a written incentive or bonus program that is not out of the ordinary for the services rendered.

Usable marihuana means the dried leaves, flowers, plant resin, or extract of the marihuana plant, but does not include the seeds, stalks, and roots of the plant.

(Ord. No. 2017-19 , § 1, 12-18-17; Ord. No. 2018-4 , § 1, 2-19-2018)