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

October 2019

 

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

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