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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.
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