Our 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

  1. The Shifting Sands of Employment...

    As we round out 2025, the employment law experts at Fahey Schultz Burzych Rhodes reflect on an eventful and unpredictable year in civil-righ...

    Read More
  2. FSBR Expands Planning Services w...

    Fahey Schultz Burzych Rhodes PLC is pleased to announce the expansion of its municipal and land use planning services with the addition of W...

    Read More
  3. FOIA, OMA, and Employment Law: N...

    This month’s e-letter focuses on the interplay between the Freedom of Information Act (“FOIA”), the Open Meetings Act (“OMA”) and ...

    Read More
Talk to an Attorney
Request a Consultation

At 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.