Detroit cannot ban or tax single-use plastic carryout bags. Michigan's 2016 preemption statute MCL §445.594c blocks any local regulation that would impose a fee, tax, or prohibition on plastic, paper, or reusable bags.
MCL §445.594c, signed in December 2016, expressly bars Michigan municipalities from regulating the use, disposition, sale, or imposing a fee, charge, or tax on plastic bags, paper bags, reusable bags, cups, packages, containers, bottles, or similar auxiliary containers. The statute preempts an ordinance Washtenaw County passed earlier that year. Detroit therefore cannot adopt a plastic bag ban, fee, or take-back mandate even if the City Council wanted to. Detroit can still encourage voluntary reusable bag programs through education and partnerships, and it regulates litter under Chapter 38 (Solid Waste) when bags become windblown debris. Repeal of the preemption would require a state legislative change, periodically introduced but not yet enacted as of 2026.
Because state law preempts local regulation, retailers face no Detroit penalty for distributing plastic bags. Litter from improperly disposed bags can still trigger Chapter 38 solid waste violations against businesses or consumers.
Detroit, MI
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Detroit, MI
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See how Detroit's plastic bag rules rules stack up against other locations.
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