HOUSE BILL NO. 6474

November 09, 2022, Introduced by Rep. Carra and referred to the Committee on Regulatory Reform.

A bill to prohibit municipalities from adopting or enforcing certain ordinances related to primary caregivers, qualifying patients, or the medical use of marihuana.

the people of the state of michigan enact:

Sec. 1. This act may be cited as the "medical marihuana municipal ordinance act".

Sec. 3. As used in this act:

(a) "Cultivate" means that term as used in the Michigan Medical Marihuana Act.

(b) "Marihuana plant" means that term as defined in section 3 of the Michigan Medical Marihuana Act, MCL 333.26423.

(c) "Medical use of marihuana" means that term as defined in section 3 of the Michigan Medical Marihuana Act, MCL 333.26423.

(d) "Michigan Medical Marihuana Act" means the Michigan Medical Marihuana Act, 2008 IL 1, MCL 333.26421 to 333.26430.

(e) "Municipality" means any of the following:

(i) A city, village, township, or county.

(ii) A political subdivision of 1 or more of the entities described in subparagraph (i).

(f) "Ordinance" means an ordinance and includes any rule, regulation, or law.

(g) "Primary caregiver" means that term as defined in section 3 of the Michigan Medical Marihuana Act, MCL 333.26423.

(h) "Qualifying patient" means that term as defined in section 3 of the Michigan Medical Marihuana Act, MCL 333.26423.

Sec. 5. (1) Except as otherwise provided in subsection (2), a municipality shall not adopt or enforce an ordinance if the ordinance does any of the following:

(a) Prohibits or restricts an individual from entering real property that is owned, leased, or otherwise controlled by a primary caregiver or qualifying patient.

(b) Prohibits or restricts a primary caregiver or qualifying patient from allowing an individual to enter real property that is owned, leased, or otherwise controlled by the primary caregiver or qualifying patient.

(c) Requires a primary caregiver or qualifying patient to receive the municipality's approval to engage in the medical use of marihuana.

(d) Requires an individual to register as a primary caregiver, qualifying patient, or other similar designation with the municipality.

(e) Requires an individual to inform the municipality of any of the following:

(i) That the individual was, is, or will be a primary caregiver or qualifying patient.

(ii) That the individual has engaged in, is engaging in, or will be engaging in the medical use of marihuana.

(f) Requires a primary caregiver or qualifying patient to cultivate a marihuana plant under a condition or in accordance with a requirement that is not included in the Michigan Medical Marihuana Act.

(g) Requires an inspection of real or personal property that is owned, leased, or otherwise controlled by a primary caregiver or qualifying patient.

(h) Requires a primary caregiver or qualifying patient to pay a tax or fee.

(i) Requires a primary caregiver or qualifying patient to engage in the medical use of marihuana, or prohibits a primary caregiver or qualifying patient from engaging in the medical use of marihuana, within or outside a structure or type of structure.

(j) Requires a primary caregiver or qualifying patient to dispose of, move, or remove organic material related to the primary caregiver's or qualifying patient's medical use of marihuana under a condition or in accordance with a requirement that is not included in the Michigan Medical Marihuana Act.

(k) Requires a primary caregiver or qualifying patient to pay a tax or fee to dispose of, move, or remove organic material described in subdivision (j).

(l) Requires a primary caregiver or qualifying patient to engage in the medical use of marihuana on real property that meets a certain zoning requirement.

(m) Requires a primary caregiver or qualifying patient to engage in the medical use of marihuana in accordance with a setback or other requirement that affects the location at which the primary caregiver or qualifying patient can engage in the medical use of marihuana on real property.

(n) Classifies or otherwise treats a primary caregiver's or qualifying patient's medical use of marihuana as a home occupation or other classification.

(o) Otherwise requires a primary caregiver's or qualifying patient's medical use of marihuana to be conducted under a condition or in accordance with a requirement that is not included in the Michigan Medical Marihuana Act.

(2) Subsection (1) does not apply to an ordinance of general applicability if the ordinance or enforcement of the ordinance does not do either of the following:

(a) Unduly burden a primary caregiver's or qualifying patient's medical use of marihuana.

(b) Have the effect of applying to only any of the following:

(i) A primary caregiver.

(ii) A qualifying patient.

(iii) The medical use of marihuana.