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MARIJUANA IN MICHIGANClick on the links below to jump to that section on this page. League Webinar on Recreational Marijuana Recreational MarijuanaOn November 6, 2018, Michigan voters approved Proposal 18-1, which legalized recreational marijuana and created the Michigan Regulation and Taxation of Marihuana Act (MRTMA). Each community is now required to decide if it is going to allow or prohibit state-licensed recreational marijuana establishments. If a municipality intends to allow recreational marihuana businesses, then it does not need to take any action. Under this new Act, every municipality is considered to be “in” unless it takes specific action to opt out. We have a few sample opt out ordinances (below) but opt in ordinances are not necessary or required. As communities start to pass ordinances regulating recreational marihuana businesses, we will post those ordinances on our website. If your municipality has passed a Resolution in support of the recreational marihuana industry, please send it to us and we will post it here.
Michigan Municipal League Webinar on Recreational MarijuanaAdult Use Marijuana: It's Decision Time* *There is a fee of $20 for this webinar. Michigan Municipal League Podcasts on MarijuanaEpisode 19 - New Emergency Rules for Recreational Marijuana Guests:
Episode 16 - Recreational Marijuana - What You need to Know About Michigan's New Law Guests:
Episode 13 - Recreational Marjuana - What Should Municipalities Be Talking and Thinking About? Guests:
Episode 9 - Marijuana Legalization in Colorado Guest: Charles Mitchell, Senior Assistant City Attorney, City Attorney’s Office, City and County of Denver
Episode 3 - Marijuana Legalization in Colorado Guest:
Medical MarijuanaMedical Marihuana Facilities Licensing Act (MMFLA), 2016Gov. Snyder signed medical marihuana legislation to regulate dispensaries and clarify the legality of edible products in Michigan. The new law will allow licensed dispensaries to operate in communities that choose to allow them. Growers, processers, testing facilities, and transporters will also be licensed and regulated. The MMFLA took effect Dec. 20, 2016—however it includes an additional delay in implementation of 360 days to enable the state to establish the licensing system required by the Act. A person cannot apply to the state for a license of any kind under the MMFLA until December 15, 2017. And, no one can apply to the state for a license of any kind under the MMFLA unless a municipality adopts an ordinance authorizing that type of facility. LARA Bureau of Medical Marihuana Regulation, MMFLA Emergency Rules, Dec. 4, 2017 LARA Medical Marihuana Facility Licensing Division FAQs Michigan Municipal League report: Medical Marihuana Facilities - Opt In/Opt Out, updated May 4, 2018 to include LARA Rules and the November ballot proposal , League training (PowerPoint), State and Local Regulation of Medical Marihuana, 10/3/17 Michigan Municipal League Fact Sheet: Medical Marihuana Facilities Licensing Act Michigan Municipal League Fact Sheet: Medical Marihuana Facilities Licensing Act Q&A Risky Business? The Trump Administration and the State-Licensed Marijuana Industry, Robert A. Mikos, 2017 University of Illinois Law Review Online (2017) On the Limits of Supremacy: Medical Marijuana and the States’ Overlooked Power to Legalize Federal Crime, Robert A. Mikos, 62 Vanderbilt Law Review 1421 (2009) Marijuana Localism, Robert A. Mikos, 65 Case Western Reserve Law Review 719 (2015) Marijuana Law, Policy, and Authority, Robert A. Mikos, (2017) (textbook and companion website) The Economic Impact of a Strong Regulatory Framework for Medical Marijuana in Michigan, (Dr. Gary Wolfram, President of Hillsdale Policy Group, Ltd.; William E. Simon, Professor of Economics and Public Policy, and Director of Economics at Hillsdale College, February 2016) OPT IN Sample Resolutions: Bay City, HRC (pop. 34,932); Resolution - intent to opt-in to MMFLA Benton Harbor, HRC, (pop. 10,038); MMFLA opt-in Resolution Niles, HRC, (pop. 11,600); Resolution – intent to opt-in to MMFLA Omer, HRC 4th Class, (pop. 313); Resolution—intent to opt-in to MMFLA Portage, HRC (pop. 46,292); Resolution - intent to opt-in to MMFLA
OPT IN Sample Ordinances: Sample MMFLA opt-in ordinance, generic municipal Adrian, HRC (pop. 21,133); MMFLA opt-in ordinance Ann Arbor, HRC, (pop. 113,934); MMFLA opt-in ordinance Bangor, HRC, (pop. 1,885); MMFLA opt-in ordinance Battle Creek, HRC, (pop. 52,347); http://battlecreekmi.gov/637/Medical-Marihuana (includes opt-in ordinance, zoning ordinance, permit application, and planning commission report) Bay City, HRC, (pop. 34,932); MMLFA opt-in ordinance, medical marihuana website https://www.baycitymi.org/616/Medical-Marijuana Breedsville, GLV (pop. 199); MMFLA opt-in ordinance Buchanan, HRC (pop. 4,456); Resolution – intent to opt-in to MMFLA; opt-in ordinance; zoning amendment ordinance Camden, GLV (pop. 512); MMFLA opt-in ordinance Chesaning, GLV, (pop. 2,394); MMFLA opt-in ordinance Clare, HRC (pop. 3,118); MMFLA opt-in ordinance Constantine, GLV, (pop. 2,076); MMFLA opt-in ordinance DeTour, GLV (pop. 325); MMFLA opt-in ordinance Eau Claire, GLV, (pop 625); MMFLA opt-in ordinance, zoning amendment ordinance Evart, HRC, (pop.1,903); MMFLA opt-in ordinance Hartford, HRC (pop. 2,688); MMFLA opt-in ordinance Hazel Park, HRC, (pop. 16,422); opt-in ordinance Kalamazoo, HRC, (pop. 74,262); https://www.kalamazoocity.org/medicalmarihuana (includes ordinances, maps, and public forum feedback) Kalkaska, GLV, (pop. 2,020); MMFLA opt-in ordinance, zoning ordinance Kingsley, GLV (pop. 1,480) MMFLA opt-in ordinance, zoning ordinance Lansing, HRC (pop. 114,297); MMFLA opt-in ordinance Marshall, HRC (pop. 7,088); MMFLA opt-in ordinance Morenci, HRC, (pop. 2,220); zoning amendment ordinance; MMFLA opt-in ordinance Newaygo, HRC, (pop. 1,976); MMFLA opt-in ordinance Niles, HRC, (pop.11,600); MMFLA opt-in ordinance Reading, HRC, (pop. 1,078) MMFLA opt-in ordinance River Rouge, HRC (pop. 7,903); MMFLA opt-in ordinance Vassar HRC, (pop.2,697); zoning ordinance – principal uses; zoning ordinance – special permit, zoning map Webberville, GLV (pop. 1,272); MMFLA opt-in ordinance Ypsilanti, HRC (pop. 19,435); MMFLA opt-in ordinance OPT OUTSample Ordinances/Resolutions Eaton Rapids, HRC (pop. 5,214); not authorizing MMFLA facilities Monroe, HRC, (pop. 20,733); not authorizing MMFLA facilities Norton Shores, HRC (pop. 23,994); prohibiting MMFLA facilities Oak Park, HRC, (pop. 29,319); prohibiting medical marihuana facilities Potterville, HRC (pop. 2,617); not authorizing MMFLA facilities Saint Clair, HRC (pop. 5,485); prohibits MMFLA facilities Stephenson, HRC (pop. 862); not authorizing MMFLA facilities Odor Control Resources: Boulder CO; Odor Control Plan for Marijuana Cultivation Denver CO; Odor Control Plan template Puget Sound Clean Air Agency, WA; Notice of Construction & App for Approval (includes Odor Control requirements) Michigan Medical Marihuana Act (MMMA), 2008
In November 2008, Michigan voters passed a referendum to enable certain specified persons to legally obtain, possess, cultivate/grow, use, and distribute marijuana. The "Medical Marihuana Act" went into effect on December 4, 2008. Ter Beek Supreme Court Ruling (Feb. 6, 2014) A local ordinance cannot prohibit the usage of medical marihuana in Michigan by claiming cover under the federal Controlled Substances Act. Ter Beek v Wyoming amicus brief filed by the Michigan Municipal League’s Legal Defense Fund Board on behalf of the city of Wyoming. McQueen Supreme Court Ruling Michigan Attorney General's Formal Opinion Issued June 28, 2011 A Local Government View of the MMMA by Gerald A. Fisher, Consultant Department of Community Health Administrative Rules, effective April 4, 2009 State of Michigan "Medical Marihuana Program" (MMMP) State of Michigan "Medical Marihuana Q&A" State of Michigan Prosecuting Attorneys Association PowerPoint (PDF) Video on Pre-Con Education Session: Medical Marihuana Act and Your Community
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