NOTICE IS HEREBY GIVEN that at its regular meeting on May 7, 2019, at the Township Hall located at 6483 Waldon Center Drive, Independence, MI  48346, the Charter Township of Independence Board of Trustees approved the Introduction and First Reading of an amendment to the Township’s Code of Ordinances, Chapter 30, “Offenses,” by Repealing Article VII, Offenses Against Public Morals, Section 30-189, Possession of Marihuana, and adding a new section 30-189. Prohibited Activities Involving Marihuana and scheduled a Second Reading of the amendment at a regular meeting to be held on May 21, 2019 to consider adoption of the ordinance as follows:  NOTICE IS HEREBY GIVEN that at its regular meeting on May 7, 2019, at the Township Hall located at 6483 Waldon Center Drive, Independence, MI  48346, the Charter Township of Independence Board of Trustees approved the Introduction and First Reading of an amendment to the Township’s Code of Ordinances, Chapter 30, “Offenses,” by Repealing Article VII, Offenses Against Public Morals, Section 30-189, Possession of Marihuana, and adding a new section 30-189. Prohibited Activities Involving Marihuana and scheduled a Second Reading of the amendment at a regular meeting to be held on May 21, 2019 to consider adoption of the ordinance as follows:  STATE OF MICHIGANCOUNTY OF OAKLANDCHARTER TOWNSHIP OF INDEPENDENCE ORDINANCE NO. 2019-30-TBDPREAMBLEThe Charter Township of Independence has determined that it is appropriate and necessary for the health, safety and welfare of the citizens of the Township to amend Chapter 30, (Offenses), of the Code of Ordinances, Charter Township of Independence, Oakland County, Michigan by repealing Article VII, Offenses Against Public Morals, Section 30-189, Possession of Marihuana, and adding a new Section 30-189. Prohibited Activities Involving Marihuana, pursuant to the Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, MCL 333.27951, et seq, as may be amended, and to provide penalties for violation of this Ordinance. THE CHARTER TOWNSHIP OF INDEPENDENCE ORDAINS:Section 1. SHORT TITLE. This Ordinance shall be known as and may be cited as the “Prohibited Activities Involving Marihuana Ordinance”. Section 2. – Amendment. Amendment to Chapter 30 of the Code of Ordinances, Charter Township of Independence, is hereby amended by repealing Article VII (Offenses Against Public Morals) Section 30-189, and adding new Section 30-189, which shall read as follows: Section 30-189 Prohibited Activities Involving Marihuana(a) Definitions Words used in this section shall have the definitions as provided for in MCL 333.27953, as may be amended, Michigan Regulation and Taxation of Marihuana Act, adopted in its entirety by reference pursuant to the authority of MCL 42.23. (b) Scope  This ordinance does not authorize: (1) Operating, navigating, or being in physical control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat while under the influence of marihuana;(2) Transfer of marihuana or marihuana accessories to a person under the age of 21;(3) Any person under the age of 21 to possess, consume, purchase or otherwise obtain, cultivate, process, transport, or sell marihuana;(4) Separation of plant resin by butane extraction or another method that utilizes a substance with a flashpoint below 100 degrees Fahrenheit in any public place, motor vehicle, or within the curtilage of any residential structure; (5) Consuming marihuana in a public place or smoking marihuana where prohibited by the person who owns, occupies, or manages the property, except for purposes of this subsection a public place does not include an area designated for consumption within a municipality that has authorized consumption in designated areas that are not accessible to persons under 21 years of age; (6) Cultivating marihuana plants if the plants are visible from a public place without the use of binoculars, aircraft, or other optical aids or outside of an enclosed area equipped with locks or other functioning security devices that restrict access to the area; (7) Consuming marihuana while operating, navigating, or being physically in control of any motor vehicle, aircraft, snowmobile, off-road recreational vehicle, or motorboat, or smoking marihuana within the passenger area of a vehicle upon a public way; (8) Possessing marihuana accessories or possessing or consuming marihuana on the grounds of a public or private school where children attend classes in preschool programs, kindergarten programs, or grades 1 through 12, in a school bus, or on the grounds of any correctional facility, or;(9) Possessing more than 2.5 ounces of marihuana within a person’s place of residence unless the excess marihuana is stored in a container or area equipped with locks or other functioning security devices that restrict access to the contents of the container or area. (c) Violations, penaltiesA person who commits any of the following acts, and is not otherwise authorized by this ordinance to conduct such activities, may be punished only as provided in this sub-section and is not subject to any other form of punishment or disqualification, unless the person consents to another disposition authorized by law. (1) A person who possesses, delivers without receiving any remuneration to a person who is at least 21 years of age, or possesses with intent to deliver 2.5 ounces or less or possesses 10 ounces or less in a residence (unless the individual is cultivating marihuana from 12 or under plants), or is growing 12 plants or less is responsible for a civil infraction and may be punished by a fine of not more than $100 and forfeiture of the marihuana if otherwise in violation of the ordinance; (2) A person who possesses, cultivates, delivers without receiving any remuneration to a person who is at least 21 years of age, or possesses with intent to deliver not more than 5 ounces of marihuana and not more than 20 ounces in the residence, or is cultivating 13 to 24 plants: a. For a first violation, is responsible for a civil infraction and may be punished by a fine of not more than $300 and forfeiture of the marihuana.b. For a second violation, is responsible for a civil infraction and may be punished by a fine of not more than $500 and forfeiture of the marihuana. c. For a third or subsequent violation, is guilty of a misdemeanor and may be punished by a fine or not more than $500 and forfeiture of the marihuana. (3) A person under 21 years of age who possesses not more than 2.5 ounces of marihuana or who cultivates not more than 12 marihuana plants: a. For a first violation, is responsible for a civil infraction and may be punished as follows: 1). If the person is less than 18 years of age, by a fine or not more than $100 or community service, forfeiture of the marihuana, and completion of 4 hours of drug education or counseling; or, 2). If the person is at least 18 years of age, by a fine or not more than $100 and forfeiture of the marihuana.b. For a second violation, is responsible for a civil infraction and may be punished as follows: 1). If the person is less than 18 years of age, by a fine or not more than $500 or community service, forfeiture of the marihuana, and completion of 8 hours of drug education or counseling; or,2). If the person is at least 18 years of age, by a fine or not more than $500 and forfeiture of the marihuana.(4) A person who possesses, or delivers without receiving any remuneration to a person who is at least 21 years of age more than 5 ounces, more than 20 ounces in the home, and over 24 plants shall be responsible for a misdemeanor, but shall not be subject to imprisonment unless the violation was habitual, willful, and for a commercial purpose or the violation involved violence. (5) This ordinance does not limit any privileges, rights, immunities, or defenses of a person as provided in the Michigan medical marihuana act, 2008 IL 1, MCL 333.26421 to 333.26430, the medical marihuana facilities licensing act, 2016 PA 281, MCL 333.27101 to 333.27801, or any other law of this state allowing for or regulating marihuana for medical use. This Section does not prohibit an individual from being charged with, convicted of or found responsible for, or sentenced for any other violation of Township Ordinances that arises out of the violation of this Section. Nothing in this Ordinance shall be construed to limit the remedies available to the Township in the event of a violation of this Ordinance. State Law reference— MCL 333.27951 et seq.Section 3. BALANCE OF ORDINANCE REMAINS IN EFFECT.  Chapter 30 Article VII of the Independence Code of Ordinances is hereby affirmed and remains in full force and effect, except as specifically modified herein.  Section 4.  SEVERABILITY. If any subsection, clause, phrase or portions of this ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent portion of this ordinance and such holding shall not affect the validity of the remaining portions of this ordinance. Section 5. SAVINGS. All proceedings pending and all rights and liabilities existing, acquired or incurred at the time this Ordinance takes effect, are saved and may be consummated according to the law in force when they were commenced. Section 6. REPEALER. All ordinances or parts of ordinances or Sections of the Charter Township of Independence Code of Ordinances in conflict with this Ordinance are repealed only to the extent necessary to give this Ordinance full force and effect. Section 7.  EFFECTIVE DATE.  This Ordinance shall be effective upon publication in the manner prescribed by law. Section 8. ENACTMENT:  This Ordinance is declared to have been enacted by the Township Board of Trustees of the Charter Township of Independence at a meeting called and held on ____________, 2019, and ordered to be given publication in the manner prescribed by law. Ayes: Nays: Abstentions: Absent: STATE OF MICHIGAN ) ) ss.COUNTY OF OAKLAND )I, the undersigned, the qualified and acting Township Clerk of the Charter Township of Independence, Oakland County, Michigan, do certify that the foregoing is a true and complete copy of the Ordinance adopted by the Board of Trustees of the Charter Township of Independence at a meeting held on the ___day of _________, 2019, the original of which is on file in my office.CHARTER TOWNSHIP OF INDEPENDENCEBarbara A. Pallotta, ClerkIntroduced: May 7, 2019Published: May 15, 2019-Clarkston NewsAdopted: Published: Effective: