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.

Author

Recent Articles & Announcements

  1. Are municipal cell tower leases ...

    Yes, cell tower leases can generate a steady stream of revenue and, in many cases, have automatic “renewal terms” which, in the aggregat...

    Read More
  2. Where Data Meets Land Use: A Mic...

    communities, considerable apprehension. Local governments and planners are fielding questions from residents, receiving inquiries from devel...

    Read More
  3. Debunking Michigan’s Myth Abou...

    In Plachta v Plachta, ___ Mich App ___; ___ NW3d ___ (2026) (Docket No. 374260), the Michigan Court of Appeals confirmed what should have be...

    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.