Dearborn Heights, MI Cannabis Regulations: Dispensary Zoning (2026)
Key Facts
- Citywide status
- All marihuana establishments prohibited
- Adopted
- Ord. No. H-18-09, effective Dec. 11, 2018
- Penalty
- $100 to $500 fine, court's discretion
- Offense type
- Nuisance per se; each day separate offense
- Enforcement
- Police dept. and ordinance enforcement dept.
Summary
The City of Dearborn Heights bans marihuana establishments entirely rather than zoning them into any district. City Code Section 8-60 invokes Section 6.1 of the Michigan Regulation and Taxation of Marihuana Act to elect prohibition citywide, so no address in the city qualifies for a state marihuana establishment license, and neither the planning division nor the zoning ordinance carves out a location for one.
(b)Prohibition of marihuana establishments. Pursuant to Section 6.1 of the Act, the City elects to prohibit within its boundaries marihuana establishments as defined by the Act.(c)Violations. Any person who disobeys, neglects, or refuses to comply with any provision of this section or who causes, allows, or consents to same shall be deemed to be responsible for violating this section. A violation of this section is a nuisance per se. Each day during which any violation continues shall be deemed a separate offense.(d)Penalty and other remedies. A violation of this section is a municipal civil infraction punishable by a fine of not less than one hundred dollars ($100.00) nor more than five hundred dollars ($500.00), in the discretion of the court.
Full Breakdown
Adopted on an emergency basis by Ordinance No. H-18-09 on December 11, 2018, City Code Section 8-60 responds directly to Michigan's Initiated Law 1 of 2018, the Michigan Regulation and Taxation of Marihuana Act, which took effect ten days after certification of the November 6, 2018 election and let the State of Michigan begin licensing marihuana establishments within twelve months. The city council found that no administrative rules had yet been promulgated to ensure the safety, security, and integrity of such establishments, and that municipalities would bear the administrative burden of reviewing applications if the state could not process them all.
Rather than zone marihuana businesses into a commercial or industrial district, Section 8-60(b) exercises the opt-out option the Act itself provides, electing to prohibit within the city's boundaries marihuana establishments as defined by the Act. Because the prohibition is citywide and total, there is no zoning classification, special land use process, or distance separation standard for marihuana retailers, growers, processors, or microbusinesses anywhere in the City of Dearborn Heights, unlike neighboring communities that opted to license and zone them. Subsection (c) treats any violation as a nuisance per se, with each day of continued operation counted as a separate offense, and subsection (e) gives both the Dearborn Heights Police Department and the city's department of ordinance enforcement authority to enforce the ban.
Violations & Fines
Operating a marihuana establishment in the City of Dearborn Heights is a municipal civil infraction under Section 8-60(d), punishable by a fine of not less than $100 nor more than $500 at the court's discretion, plus all costs the city incurs addressing the violation. Because each day of operation is a separate nuisance-per-se offense under subsection (c), fines accrue daily, and the city may also pursue injunctive relief or other remedies in law or equity.
Frequently Asked Questions
Can a marihuana dispensary open anywhere in Dearborn Heights?
What is the penalty for operating a marihuana establishment in the city?
Who enforces the marihuana establishment ban in Dearborn Heights?
Sources & Official References
Other rules in Dearborn Heights
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