Do employees have First Amendmen...
In the private sector, the First Amendment does not apply. However, in the public sector, employees have First Amendment rights that may pro...
Read MoreOur Feed
We are involved in our communities, our profession, and our clients' associations and activities.
Can a Township prohibit the outdoor growing of medical marihuana by a patient or caregiver?
No. On January 18, 2018, the Court of Appeals ruled that the Michigan Medical Marihuana Act (“MMMA”) preempts a local township from adopting a zoning ordinance regulation that prohibits medical marihuana caregivers or patients from growing marihuana outdoors. The Court of Appeals determined that lawful medical use of marihuana under the MMMA included “cultivation.” According to the Court, “cultivation” can occur in an “enclosed, lock facility.” An “enclosed, lock facility” permissibly allows marihuana plants to be grown outdoors. Accordingly, a local regulation adopted by a township cannot conflict with the MMMA’s statutory language allowing outdoor cultivation of medical marihuana. Click Here to Read the Court’s Decision.
Recent Articles & Announcements
-
-
Employee Discipline 101: Best Pr...
One of the most difficult and intimidating aspects of being a municipal employer is managing employee misconduct or poor performance. City, ...
Read More -
Does the public have access righ...
While some factors may change the outcome, the answer is generally no. In fact, “[n]o Michigan decision has ever held that a dedication of...
Read More
Talk to an Attorney
Request a ConsultationAt Fahey Schultz Burzych Rhodes PLC, we’ve been helping municipalities, franchised businesses, employers, and more with their legal needs since 2008. We’d love to learn how we can help you, too.
