High Contrast

Our Feed

We are involved in our communities, our profession, and our clients' associations and activities.

Does the Township have to submit its ordinance to the Marihuana Regulatory Agency to prohibit or allow adult-use marihuana establishments?

No. The Michigan Regulation and Taxation of Marihuana Act, Initiated Law 1 of 2018, provides township the ability to completely prohibit or limit the number of marihuana establishments within their boundaries. Townships may also adopt other ordinances consistent with the Act. The Act, however, does not require that such ordinance (whether prohibiting this use or allowing this use) be filed or provided to the Marihuana Regulatory Agency to be effective. Notwithstanding, the Agency has done an excellent job in establishing two lists that track municipalities that have opted-out or have otherwise allowed establishments with restrictions. Because of the Agency’s effort in compiling the lists and a presumption that the Agency will likely use the list to verify whether applications can be approved in certain jurisdictions, townships should send ordinances prohibiting adult-use establishments to the Agency at LARA-BMR-Enforcement@michigan.gov.

The lists compiled thus far can be reviewed here:

Opt-out: https://www.michigan.gov/documents/lara/MRTMA_Municipality_Opt-Out_Update_1-25-2019_644664_7.pdf

Opted-in, with restrictions: https://www.michigan.gov/documents/lara/MRTMA_Municipality_Opt-In_Update_10-4-19_668404_7.pdf

Recent Articles & Announcements

  1. Offering Vaccine Incentives to E...

    When the Equal Employment Opportunity Commission (“EEOC”) initially provided guidance outlining how employers could manage employee vacc...

    Read More
  2. Can an overlay zoning district e...

    Yes. An overlay district sits on top of an existing zoning classification and permits additional uses. Overlay districts are particularly he...

    Read More
  3. Regulating Caregivers: What Your...

    Recent cases from the Michigan Supreme Court and the Court of Appeals have affirmed the authority of townships to regulate Primary Caregiver...

    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.