Is a local ordinance valid if it...
A local ordinance is invalid if it actually conflicts with state law. A conflict exists when the ordinance permits what state law forbids,...
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Yes, if the township has authorized commercial medical marihuana facilities. Section 205 of the Michigan Medical Marihuana Facilities Licensing Act (“MMFLA”) authorizes townships to adopt an ordinance that allows 1 or more types of marihuana facilities and to limit the number of such facilities. Section 205 further provides that a township that does so “shall” provide the Marihuana Regulatory Agency (“MRA”) the information regarding the ordinance on a form provided by the MRA. That form is not clearly available on the MRA’s website.
Despite the lack of an available form, the MRA accepts copies of the ordinances at mra-enforcement@michigan.gov. Thus, townships that have acted on authorization of commercial medical marihuana facilities (as well as adult-use marihuana establishments) can e-mail the township's ordinance and indicate, if any specific form is required, that the township would complete a copy upon receipt of the applicable form from the MRA.
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